Oregon Supreme Court

The plaintiffs, Nearing and her two children, appealed the order which affirmed a grant of summary judgment to respondents city and police officers for failure to follow the mandatory arrest provisions of Or. Rev. Stat. § 133.310(3) for violation of a domestic protective order.

In this case the relator-wife sought the issuance of a writ of mandamus to compel the defendant circuit court judge to conduct a hearing on her petition for a restraining order and to prevent abuse, pursuant to the Oregon Abuse Prevention Act, Or. Rev. Stat. §§ 107.700-107.730.