A.N.A. v. Justin Travis Alexander

Oregon City, Oregon family law lawyers represented the parties in a Family Abuse Prevention Act (FAPA), action.





Petitioner sought a restraining order against respondent under ORS 107.700 to ORS 107.735. After an ex parte hearing, the trial court issued a temporary restraining order. See ORS 107.718 (describing ex parte procedure). On respondent's objection, however, the trial court held a second hearing and then dismissed the restraining order. See ORS 107.116 (describing contested proceeding). The court explained its impression that petitioner was "positioning for a dissolution trial."...





ORS 107.716(3)(b) authorizes the trial court to assess attorney fees against either party to a FAPA proceeding. It provides:



"In a hearing held pursuant to subsection (1) or (2) of this section:



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"The court may cancel or change any order issued under ORS 107.718 and may assess against either party a reasonable attorney fee and such costs as may be incurred in the proceeding."



After the hearing, respondent requested attorney fees. Petitioner responded that fees were not available, because respondent had not complied with ORCP 68, which applies generally to FAPA proceedings. The trial court agreed with respondent that ORCP 68 was not applicable and issued an order assessing the requested fees. Then, as ordered by the court, respondent drafted a general judgment for the court's signature awarding the assessed fees. Petitioner now appeals, contending that the trial court erred, because ORCP 68 C states that the procedures set out in ORCP 68

[336 Or.App. 371] for requesting attorney fees apply to all cases, unless an exception applies, and none is applicable here.



A.N.A. v. Alexander, 336 Or.App. 369, A180175 (Or. App. Nov 27, 2024)