The Oregon Court of Appeals has reversed a restraining order issued against Danni Mar, ruling that there was not enough evidence to show he posed a credible threat to M.Q., the petitioner. This decision, filed on October 28, 2026, highlights the court's focus on the necessity of clear evidence in domestic abuse cases.
The case began when M.Q. filed a petition for a restraining order under the Family Abuse Prevention Act (FAPA) on August 6, 2025. The court granted the order ex parte, meaning it was issued without Danni Mar's presence, and prohibited him from contacting M.Q. The ruling was based on an incident that occurred on July 16, 2025, when Mar allegedly entered M.Q.'s home after she had ended their relationship. The court's decision affects both parties, particularly Mar, who faced restrictions on his freedom due to the order.
Background
M.Q. and Danni Mar were involved in a relationship that ended in mid-July 2025. Following a disagreement, M.Q. ended the relationship via text message, leading to a series of communications between the two. M.Q. testified that after she broke up with Mar, he sent her numerous text messages and emails, expressing a desire to see her again. She blocked his number and email after feeling overwhelmed by his attempts to contact her.
The situation escalated on July 16, when Mar came to M.Q.'s home and knocked on her door multiple times. M.Q. stated that after she opened the door, Mar entered her home, and she had to physically push him out. This incident led M.Q. to seek a restraining order, fearing for her safety. However, she acknowledged that Mar did not threaten her during their communications and that he had not attempted to contact her in person after that day.
The case was brought to the Marion County Circuit Court, where Judge Amy M. Queen presided. An ex parte hearing was held the day after M.Q. filed her petition, resulting in the initial restraining order. Mar opposed the order and requested a hearing to contest it, which led to a more detailed examination of the evidence.
The Ruling
The Oregon Court of Appeals, led by Judge O'Connor, reviewed the case and ultimately found that the trial court had erred in continuing the FAPA order. The court determined that there was insufficient evidence to support the claim that Mar posed a credible threat to M.Q.'s safety. The ruling stated, "Even relying on petitioner’s own testimony, there was no evidence that respondent returned to petitioner’s home after the July 16 incident or threatened to do so."
Judge O'Connor noted that while M.Q. testified about her fear, the evidence did not substantiate that Mar had made any threats or attempts to harm her after their breakup. The court emphasized that the messages Mar sent were not threatening and reflected his unhappiness over the relationship's end rather than any intent to cause harm. The court concluded that the trial court's findings were not supported by the evidence presented during the hearing.
Impact
This ruling has significant implications for future cases involving restraining orders under the Family Abuse Prevention Act in Oregon. It underscores the necessity for clear and compelling evidence of a credible threat before a restraining order can be issued or continued. The decision may encourage individuals seeking restraining orders to ensure they have substantial evidence to support their claims of imminent danger.
The reversal of the restraining order means that Danni Mar is no longer subject to the restrictions that were previously imposed on him. This outcome may also impact how similar cases are handled in the future, as it sets a precedent emphasizing the importance of credible threats in domestic abuse cases. Legal experts may interpret this ruling as a call for more stringent evidentiary standards in restraining order proceedings.
What's Next
While the court has reversed the restraining order, it is unclear if M.Q. plans to appeal this decision or if there are any related cases pending. The court filing did not provide details on any potential next steps from either party.
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