M. R. D. / K. R. K. v. J. H. D.

Summary

The Oregon Court of Appeals affirmed two permanent stalking protective orders issued against J. H. D. under ORS 30.866. The court held that threats and related conduct, viewed in the context of prior violence, death threats, protective-order violations, and the respondent’s efforts to locate a petitioner, constituted qualifying contacts and supported objectively reasonable apprehension for personal safety; an unpreserved argument concerning one contact was not considered.

Holdings

1. The evidence was legally sufficient to support the trial court's determination that respondent's statement that he wanted to beat K. R. K.'s ass constituted an unequivocal and imminent threat and a qualifying contact under Oregon's stalking-protective-order statute.
2. The evidence was legally sufficient to support the trial court's determination that respondent's statement, "I am coming for you," was an unequivocal threat of harm that was sufficiently imminent and constituted a qualifying contact.
3. Respondent's argument that the contact with B. could not support M. R. D.'s protective order was not preserved for appellate review, and the court declined to reach it because respondent did not request plain-error review.

Questions Presented

1. Whether the March 2024 statements and conduct constituted qualifying contacts and threats sufficient to support permanent stalking protective orders under ORS 30.866.
2. Whether the trial court erred by relying, as to M. R. D.'s protective order, on a contact involving respondent and M. R. D.'s daughter-in-law, who was not an immediate family or household member.
3. Whether the second argument was preserved for appellate review or warranted plain-error review.

Disposition

affirmed