Mr. Beach’s client had been exchanging text messages with his brother-in-law. The conversation became heated. At the time, Mr. Beach’s client was in California, while the brother-in-law was in Oregon. During the exchange, the brother-in-law sent numerous threatening messages. In response, Mr. Beach’s client sent messages stating “watch out” and “you will be fubar.”
The brother-in-law selectively relied on those responses to file a petition for a Stalking Protective Order against Mr. Beach’s client—an order that carries significant consequences and restricts a person’s fundamental freedoms. At trial, the brother-in-law maintained that he was innocent and claimed that Mr. Beach’s client was the aggressor.
Mr. Beach then introduced into evidence the complete text-message exchange, spanning many pages. After reviewing the full context, and without the need for additional evidence, the court dismissed the brother-in-law’s petition and restored Mr. Beach’s client’s rights.
