State Ex Rel. Hathaway v. Hart

The issue in this case is whether, under Oregon statutes and the Oregon Constitution, the defendant is entitled to a jury trial in a criminal contempt proceeding for violation of a restraining order entered pursuant to the Abuse Prevention Act, ORS 107.700 to 107.720.

We allowed review to consider this issue in light of State ex rel Dwyer v. Dwyer, 299 Or 108,698 P2d 957 (1985). In Dwyer, we held that a defendant charged with criminal contempt for failing to pay court-ordered child support was not entitled to a jury trial. We based our holding on “the historical fact that when the constitution…