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NEARING v. WEAVER

TC 26761; CA A22918; SC 29424.

670 P.2d 137 (1983)

295 Or. 702

Henrietta NEARING, On Behalf of Herself, and As Guardian Ad Litem for Robert Lee Nearing, Jr., and Jeannette M. Nearing, Minors, Petitioners On Review, v. Martin WEAVER, Paul Sauls, and City of St. Helens, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided October 4, 1983.

Attorney(s) appearing for the Case

Simon J. ffitch, Hillsboro, argued the cause and filed brief for petitioners on review. With him on the brief were Ruth Gundle, Portland, and Oregon Legal Services Corp.

Christopher E. Burris, Portland, argued the cause and filed brief for respondents on review. With him on the brief were David P. Morrison and Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

LINDE, Justice.

In 1977 the Legislative Assembly enacted an "Abuse Prevention Act" to strengthen legal protection for persons threatened with assault by a present or former spouse or a cohabitant. 1977 Or. Laws ch. 845. "The means chosen for this purpose included the use of temporary restraining orders, injunctions, and temporary child custody orders, former ORS 107.715 (1979), now ORS 107.716, and mandatory provisions for the warrantless arrest upon probable cause...

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