State ex rel. Pelfrey v. Pelfrey

Court of Appeals of Oregon

State ex rel. Pelfrey v. Pelfrey

810 P.2d 412, 107 Or. App. 243, 1991 Ore. App. LEXIS 714

CourtCourt of Appeals of Oregon

DecidedMay 15, 1991

DocketD8910-67993; CA A64838

StatusPublished

This text of 810 P.2d 412 (State ex rel. Pelfrey v. Pelfrey) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Pelfrey v. Pelfrey, 810 P.2d 412, 107 Or. App. 243, 1991 Ore. App. LEXIS 714 (Or. Ct. App. 1991).

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Opinion

PER CURIAM

Defendant appeals two judgments for contempt of court, arising out of two separate violations of an order issued under the Abuse Prevention Act. ORS 107.00 et seq. He contends that the trial courts erred because, although they both found that his actions were done wilfully, they failed to make a finding of bad intent to support the contempt judgments. We agree. State ex rel Oregon State Bar v. Wright, 280 Or 713, 573 P2d 294 (1977); Couey and Couey, 105 Or App 478, 805 P2d 716 (1991). Accordingly, we vacate the judgments and remand for findings on the issue of bad intent. If the courts find the requisite bad intent, the judgments shall be reinstated. Defendant’s remaining assignments are without merit.

Judgments vacated and remanded for proceedings not inconsistent with this opinion.

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PER CURIAM

Defendant appeals two judgments for contempt of court, arising out of two separate violations of an order issued under the Abuse Prevention Act. ORS 107.00 et seq. He contends that the trial courts erred because, although they both found that his actions were done wilfully, they failed to make a finding of bad intent to support the contempt judgments. We agree. State ex rel Oregon State Bar v. Wright, 280 Or 713, 573 P2d 294 (1977); Couey and Couey, 105 Or App 478, 805 P2d 716 (1991). Accordingly, we vacate the judgments and remand for findings on the issue of bad intent. If the courts find the requisite bad intent, the judgments shall be reinstated. Defendant’s remaining assignments are without merit.

Judgments vacated and remanded for proceedings not inconsistent with this opinion.

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810 P.2d 412, 107 Or. App. 243, 1991 Ore. App. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pelfrey-v-pelfrey-orctapp-1991.

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