IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
FAMILY COURT
Catherine Lynne Carter DOB: 2/24/77
v
Rory Grey Bowman DOB: 10/6/65
Case 0603 03051
ORDER
On the motion of the Respondent to vacate the Final Stalking Protective Order and Judgment signed by Judge Steven A Todd on April 21, 2006 is vacated.
Signed August 21, 2009 by Circuit Court Judge R. K. Mickelson
FOR THE COUNTY OF MULTNOMAH
CATHERINE LYNNE CARTER, Petitioner
v
RORY GREY BOWMAN, Respondent
Case No. 060303051
ORDER TERMINATING FINAL STALKING PROTECTIVE ORDER AND JUDGMENT
This case comes before the court on respondent’s motion to terminate the final stalking protective order and judgment entered on April 22, 2006. The court has read and considered respondent’s motion, petitioner’s opposition, the transcript of the 2006 hearing, and the exhibits. The court further heard testimony and argument on behalf of both parties on August 21, 2009.
Insofar as respondent argues, in Part II of his memorandum of law, for a finding that this stalking protective order was void ab initio, respondent’s motion must be denied. Respondent did not appeal from the court’s judgment, and no circumstances that might compel extraordinary relief from the judgment are present. The court declines to revisit Judge Todd’s findings of April 22, 2006.
Based on the entire record in this action, however, the court cannot find that petitioner continues to suffer reasonable apprehension due to the past acts of respondent under ORS 163.738(2)(a)(B)(iii). Edwards v. Biehler, 203 Or App 271, 277 (2005). Respondent’s communications to petitioner’s boyfriend and petitioner’s counsel on April 23 and 24, 2006, must be understood in the context of how close in time to the prior hearing they occurred. They were not, in any event, timely brought to the court’s attention as potential violations of the order. The court is unable to find on this record that respondent’s Internet communications about petitioner and this case constitute the sort of clear threat that could be a violation of the order.
The criteria for issuing a stalking protective order under ORS 163.738(2)(a)(B)(i) to (iii) are no longer present in this case. Edwards, 203 Or App at 277. Respondent’s motion is therefore granted for the reasons articulated in Part I of respondent’s memorandum of law. The final stalking protective order and judgment entered on April 22, 2006, are terminated as of August 21, 2009. They shall have no prospective effect. Judgment will be entered accordingly.
IT IS SO ORDERED this ____ day of _______________, 2009.
_____________________________
Circuit Court Judge, for Ronald E. Cinniger, Senior Judge
Submitted by: Bear Wilner-Nugent, OSB #044549, Counsel for Respondent
During the decade-long saga of Catherine Lynne Carter’s fearful fixation on me, I made three CD “playlists” of songs that brought me comfort as I remembered, meditated and prepared for the unpleasant hearings and legal stupidity she had chosen. The first mix was a farewell mix made after her 1999 suit against me, to capture and honor some of the emotional roller-coaster that was our “romantic period”, from the time we first slept together until she unilaterally decided that I wanted to kill her. The second mix was a meditation mix, made after the 2006 hearing to help me think about and consider various things that might be at play within her clearly disturbed mind, so that I might find more compassion and understanding around the irrational things that she had done. The third mix was made just before our third hearing date in 2009, a pre-fight mix to help steel me for the unpleasant task ahead. The first mix was sequential, representing various phases in our romantic relationship and ending with a hopeful Goddess song about her longing for her dead mother, Lynne. The others were designed for “random play” and are listed alphabetically by song title.
Each of these songs refers to a specific incident within the relationship, with the final two being one each for where I was and where I hoped she would find comfort.
This mix I made entirely of Alanis Morrissette songs and entitled “Temporary Arrangements.” Morrissette is a brilliant singer-songwriter from a country known to produce brilliant singer-songwriters, and her deep insights across multiple perspectives on the human condition has always served to deepen my understanding, make me more compassionate and enrich my life.
This was a “pre-fight mix” such as boxers or cage fighters use to prepare for battle which, in this case, meant to steel me against the willingness to try and protect someone who wanted to damage me, as I had in 2006. This mix was prepared the day before our hearing, and was what I meditated on the night before.
This was a random-play mix, with titles listed alphabetically.
This site uses primary documents to tell the story of one woman's apparent obsession with me since ostensibly leaving in 1998. It may or may not become a book on the odd intersection of gender and class when one person thinks that the best way to avoid a phone call is to threaten a bogus restraining order.
It is, in short, mostly stupid stuff.
