Brincat & New, PC
Case law summaries and practical insights on Oregon family law from our attorneys.
The Oregon Court of Appeals overruled prior precedent in K.E.B. v. Bradley, 327 Or App 39 (2023), holding that "imminent danger of further abuse" is not required to renew a FAPA restraining order — a meaningful clarification for victims seeking long-term protection.
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If you're facing a divorce or custody matter in Bend, here's what you need to know about Deschutes County Circuit Court, local practice considerations, how rural property and remote work affect your case, and how Brincat & New serves clients across Central Oregon.
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The Oregon Court of Appeals reversed a custody modification in Estens v. Wells, 349 Or App 114 (2026), holding that "gaslighting" does not constitute legal abuse under ORS 107.137(1)(d), and reaffirming that trial courts must designate a primary caregiver.
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The Oregon Court of Appeals issued an opinion regarding the findings necessary to uphold a temporary restraining order. In TK v. Stutzman, the Court reviewed the validity of a restraining order issued under FAPA and held that a petitioner's subjective fear, without more, is insufficient to sustain such an order.
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The Oregon Court of Appeals reviewed the enforceability of a prenuptial agreement in Porter and Porter, 281 Or App 169 (2016), examining the factors courts consider when a party seeks to void a premarital agreement.
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In Handley and Handley, 282 Or App 255 (2016), the Court of Appeals addressed when a child's voluntary change of residence constitutes a "substantial change of circumstances" warranting modification of a child support order.
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