STATE EX REL. MARSHALL v. HARGREAVES

CC 15-86-02463; SC S32774.

725 P.2d 923 (1986)

302 Or. 1

STATE ex rel. Sarah K. MARSHALL, Plaintiff-Relator, v. The Honorable James R. HARGREAVES. Circuit Court Judge of the Second Judicial District for the State of Oregon, Defendant.

Supreme Court of Oregon, In Banc.

Decided September 23, 1986.


Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for defendant. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Philip Schradle, Asst. Atty. Gen., Salem.

Stephen J.R. Shepard, Lane County Legal Aid Service, Eugene, filed the brief and argued the cause for plaintiff-relator.

Anita Paulsen, Portland, and Patricia Goldsmith, Hillsboro, of Oregon Legal Services, filed a brief on behalf of amici curiae Oregon Coalition Against Domestic & Sexual Violence, National Coalition Against Domestic Violence, and Women's Rights Coalition.


PER CURIAM.

This is a mandamus proceeding in which relator seeks to have this court issue a writ of mandamus ordering the defendant circuit judge to hold a hearing on the relator's Petition for a Restraining Order and to Prevent Abuse to determine if there is an immediate and present danger of abuse to relator. This court issued an Alternative Writ of Mandamus to the defendant judge on May 28, 1986. Defendant filed his answer on June 9, 1986.

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