ORS 124.020¹
Ex parte hearing
  • required findings
  • judicial relief
  • forms
  • request by respondent for hearing

(1) When a petitioner or guardian petitioner files a petition under ORS 124.010 (Petition for relief), the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the elderly person or person with a disability named in the petition has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse to the person, the court shall, if requested by the petitioner or guardian petitioner, order, for a period of one year or until the order is withdrawn or amended, whichever is sooner:

(a) That the respondent be required to move from the residence of the elderly person or person with a disability, if in the sole name of the person or if jointly owned or rented by the person and the respondent, or if the parties are married to each other;

(b) That a peace officer accompany the party who is leaving or has left the parties’ residence to remove essential personal effects of the party;

(c) That the respondent be restrained from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability, or attempting to abuse, intimidate, molest, interfere with or menace the person;

(d) That the respondent be restrained from entering, or attempting to enter, on any premises when it appears to the court that such restraint is necessary to prevent the respondent from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability;

(e) That the respondent be:

(A) Restrained, effective on a date not less than 150 days from the date of the order, from mailing the elderly person or person with a disability any sweepstakes promotion;

(B) Required to remove the elderly person or person with a disability from the respondent’s sweepstakes promotion mailing list or place the person on a list of persons to whom sweepstakes promotions may not be mailed; and

(C) Required to promptly refund any payment received in any form from the elderly person or person with a disability after the date the order is entered by the court; or

(f) Except as provided in subsection (2) of this section, other relief that the court considers necessary to provide for the safety and welfare of the elderly person or person with a disability.

(2)(a) If the court finds that the elderly person or person with a disability has been the victim of abuse as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) (1)(g), the court may order only relief that the court considers necessary to prevent or remedy the wrongful taking or appropriation of the money or property of the person, including but not limited to:

(A) Directing the respondent to refrain from exercising control over the money or property of the person;

(B) Requiring the respondent to return custody or control of the money or property of the person to the person;

(C) Requiring the respondent to follow the instructions of the guardian or conservator of the person; or

(D) Prohibiting the respondent from transferring the money or property of the elderly person or person with a disability to any person other than the elderly person or person with a disability.

(b) The court may not use a restraining order issued under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title):

(A) To allow any person other than the elderly person or person with a disability to assume responsibility for managing any of the money or property of the elderly person or person with a disability; or

(B) For relief that is more appropriately obtained in a protective proceeding filed under ORS chapter 125 including, but not limited to, giving control and management of the financial accounts or property of the elderly person or person with a disability for any purpose other than the relief granted under paragraph (a) of this subsection.

(3) The showing required under subsection (1) of this section may be made by testimony of:

(a) The elderly person or person with a disability;

(b) The guardian or guardian ad litem of the elderly person or person with a disability;

(c) Witnesses to the abuse; or

(d) Adult protective services workers who have conducted an investigation.

(4) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the elderly person or person with a disability with additional abuse.

(5) When a guardian petitioner files a petition on behalf of an elderly person or a person with a disability, the guardian petitioner shall provide information about the person and not about the guardian petitioner where the petition, order or related forms described in subsection (6) of this section require information about the petitioner.

(6) An instruction brochure shall be available from the clerk of the court explaining the rights set forth under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title). The petition, order and related forms shall be available from the clerk of the court and shall be in substantially the following form:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON FOR

THE COUNTY OF ____________

______, ) PETITION FOR

Petitioner ) RESTRAINING ORDER

(your name) ) TO PREVENT ABUSE

) OF ELDERLY

) PERSONS OR

) PERSONS WITH

vs. ) DISABILITIES

)

) NO. _____

______, )

Respondent )

restrained) )

YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO HOLD YOU IN CONTEMPT OF COURT.

If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

ATTACH ADDITIONAL PAGES

IF NECESSARY.

I am the Petitioner and I state that the following information is true:

I am a resident of ___________ County, Oregon.

Respondent is a resident of ________ County, Oregon.

I am either 65 years of age or older (I am ______ years of age) or I am a person with a disability (CIRCLE THE ONE THAT DESCRIBES YOU).

1. CHECK AND FILL OUT ANY SECTION(S) that apply to you and respondent:

__ A. Respondent and I have been living together since ______, ___ (year).

__ B. Respondent and I lived together from ______, ___ (year), to________,___ (year).

__ C. I have been under the care of respondent since ______,___ (year).

__ D. I was under the care of respondent from ______, ___ (year), to________,___ (year).

__ E. Respondent has sent me sweepstakes promotions.

__ F. None of the above.

2. To qualify for a restraining order, respondent must have done one or more of the following:

Within the last 180 days, respondent has:

__ A. Caused me physical injury by other than accidental means.

__ B. Attempted to cause me physical injury by other than accidental means.

__ C. Placed me in fear of immediate serious physical injury.

__ D. Caused me physical harm by withholding services necessary to maintain my health and well-being.

__ E. Abandoned or deserted me by withdrawing or neglecting to perform duties and obligations.

__ F. Used derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to place me in fear of significant physical or emotional harm.

__ G. Sent me sweepstakes promotions, and I feel the need for the court’s assistance to protect me from further expense. I am an elderly person or a person with a disability. In the past year, I spent more than $500 on sweepstakes promotions that I received in the United States mail.

__ H. Wrongfully taken or appropriated my money or property, or alarmed me by conveying a threat to me that my money or property would be wrongfully taken or appropriated, which I reasonably believed would be carried out.

__ I. Had nonconsensual sexual contact with me or sexual contact to which I was incapable of consenting.

NOTICE TO PETITIONER: Sweepstakes companies are allowed up to 150 days to stop sending you sweepstakes entry materials. For a time after the court issues a restraining order, you may receive additional solicitations from respondent. However, beginning on the date the restraining order is issued, the respondent must immediately reject any further orders from you and must return any money you send to the company after the date the restraining order is issued.

3. Any period of time after the abuse occurred during which respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home is not counted as part of the 180-day period, and you may still be eligible for a restraining order.

Respondent was incarcerated from___________,___ (year), to _________, ___ (year).

Respondent lived more than 100 miles from my home from ________, ___ (year), to________, ___ (year).

4. Did the abuse happen within the last 180 days not including the times respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home? Yes No

Date and location of abuse:

______________________

______________________

How did respondent injure or threaten to injure you?

______________________

______________________

______________________

5. Are there incidents other than those described in question 4 above, in which respondent injured or threatened to injure you? If yes, explain:

______________________

______________________

______________________

6. The abuse I am complaining about was witnessed by _________ (affidavit attached). Other persons with knowledge of the abuse are _________ (affidavit attached).

7. I am in immediate and present danger of further abuse by respondent because:

______________________

______________________

______________________

8. In any of the above incidents:

Were drugs, alcohol or weapons involved? Yes No

Did you need medical help? Yes No

Were the police or the courts involved? Yes No

If you have circled yes to any of the above questions, explain:

______________________

______________________

9. A. There (is) (is not) another Elderly Persons and Persons With Disabilities Abuse Prevention Act or Abuse Prevention Act proceeding pending between respondent and me. It is filed in ______ (County), ______(State), and I am (Petitioner) or (Respondent) in that case.

The case number of the case is: _______________

B. There (is) (is not) another lawsuit pending between respondent and me for divorce, annulment or legal separation.

If yes, type of lawsuit: _______________

It is filed in ________ (County), ________(State).

C. There (is) (is not) a protective proceeding filed in ______ (County), ______(State).

10. Respondent may be required to move from your residence if it is in your sole name, or if it is jointly owned or rented by you and respondent, or if you and respondent are married.

I (do) (do not) want respondent to move from my residence.

My residence is:

Owned Leased Rented

By: _______________

PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE "PETITIONER’S REQUEST" COLUMN OF THE PROPOSED RESTRAINING ORDER, WHICH IS ATTACHED.

______________________________________________________________________________

PETITIONER MUST NOTIFY THE COURT

OF ANY CHANGE OF ADDRESS.

ALL NOTICES OF HEARING WILL

BE SENT TO THIS ADDRESS

AND DISMISSALS MAY BE

ENTERED IF YOU DO NOT APPEAR

AT A SCHEDULED HEARING.

If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

_________

PETITIONER

STATE OF OREGON )

) ss.

County of_____ )

SUBSCRIBED AND SWORN TO before me this _____ day of ______, 2___.

______________________

NOTARY PUBLIC FOR OREGON

My commission expires: ______

RELEVANT DATA

RESPONDENT _______________

Sex ___ Telephone # ________

Residence Address ____________

City/State/Zip _______________

County _______________

Birthdate ______ Age ___

Race ______

Height ________ Weight ________

Eye Color ________

Hair Color ________

PETITIONER (you)____________ GUARDIAN PETITIONER

Sex _____ *Telephone #________ Name ____________

*Residence Address____________ Address ____________

City/State/Zip_______________ __________________

County__________________ Telephone # ___________

Birthdate ________ Age _____

Race ________

Height ________ Weight ________

Eye Color ________

Hair Color ________

*If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary.

PLEASE FILL OUT THIS INFORMATION

TO AID IN SERVICE OF

THE RESTRAINING ORDER

Where is respondent most likely to be located?

Residence Hours ________

Employment Hours ________

Address: ______

____________

Employment Hours ________

Address: ______

____________

Description of vehicle ____________

___________________________

Does respondent have any weapons or access to weapons? Explain:

______________________________________________________________________________

______________________________________________________________________________

Has respondent ever been arrested for or convicted of a violent crime? Explain:

______________________________________________________________________________

______________________________________________________________________________

Is there anything about respondent’s character, past behavior or the present situation that indicates that respondent may be a danger to self or others? Explain:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ____________

_________, )

Petitioner )

(your name) ) RESTRAINING ORDER

) TO PREVENT ABUSE

) OF ELDERLY PERSONS

vs. ) OR PERSONS WITH

) DISABILITIES

)

) NO. ________

_________, )

Respondent )

(person to be restrained) )

)

TO THE RESPONDENT:

VIOLATION OF THIS RESTRAINING ORDER

MAY RESULT IN YOUR ARREST AND IN

CIVIL AND/OR CRIMINAL PENALTIES.

REVIEW THIS ORDER CAREFULLY.

EACH PROVISION MUST BE OBEYED.

SEE YOUR RIGHTS TO A HEARING.

The Court, having reviewed the petition, makes the following findings:

Judge’s Initials

__ Petitioner has been abused by respondent as defined by ORS 124.005 (Definitions for ORS 124.005 to 124.040);

__ The abuse of petitioner by respondent occurred within the last 180 days as provided in ORS 124.010 (Petition for relief);

__ There is an immediate and present danger of further abuse to petitioner.

IT IS HEREBY ORDERED that:

Petitioner’s Request Judge’s Initials

[ ] 1. Respondent is restrained (prohibited) from intimidating, _____

molesting, interfering with or menacing petitioner, or

attempting to intimidate, molest, interfere with or menace

petitioner.

[ ] 2. Respondent is restrained (prohibited) from entering, or _____

attempting to enter:

(Include names and address unless withheld for safety reasons.)

[ ] Petitioner’s residence. _____

[ ] Petitioner’s business or place of employment. _____

[ ] Petitioner’s school. _____

[ ] Other locations. _____

[ ] 3. Respondent is restrained (prohibited) from:

[ ] Contacting, or attempting to contact, petitioner by telephone. _____

[ ] Contacting, or attempting to contact, petitioner by mail. _____

[ ] 4. Respondent shall move from and not return to the re- _____

sidence located at ____________ except with a

peace officer in order to remove essential personal effects

of the respondent, including, but not limited to:

clothing, toiletries, medications, Social Security cards,

birth certificates, identification and tools of the trade.

[ ] 5. A peace officer shall accompany the petitioner to the _____

parties’ residence in order to remove essential personal

effects of petitioner, including, but not limited to:

clothing, toiletries, medications, Social Security cards,

birth certificates, identification and tools of the trade.

[ ] 6. Beginning on a date not less than 150 _____

days from the date of this order, the respondent shall

not mail the petitioner any further sweepstakes promotions.

[ ] 7. Respondent shall remove the petitioner from _____

the respondent’s sweepstakes promotion mailing list or

shall place the petitioner on the respondent’s list of

persons to whom sweepstakes promotions may not be mailed.

[ ] 8. Respondent shall refund any payment received _____

in any form from the petitioner after the date

this order is entered by the court.

[ ] 9. Other relief:________________________ _____

______________________________

______________________________

[ ] 10. No further service is necessary because respondent _____

appeared in person before the Court.

IT IS FURTHER ORDERED that:

SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000 unless otherwise specified.

Other Amount ($ )

THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR SUPERSEDED, WHICHEVER OCCURS FIRST.

DATED this _____ day of _______________, 2___.

______________________

CIRCUIT COURT JUDGE (signature)

______________________

CIRCUIT COURT JUDGE (printed)

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _________

)

______, ) NO. _____

Petitioner, )

vs. ) AFFIDAVIT OF PROOF

______, ) OF SERVICE

Respondent. )

)

)

STATE OF )

OREGON )

) ss.

County of ___ )

I am a resident of the State of Oregon. I am a competent person 18 years of age or older. I am not an attorney for or a party to this case, or an officer, director or employee of any party to this case.

On the _____ day of ______, 2___, I served the Restraining Order to Prevent Abuse of Elderly Persons or Persons With Disabilities and the Petition for Restraining Order to Prevent Abuse of Elderly Persons or Persons With Disabilities in this case personally upon the above-named respondent in _________ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original.

______________________

Signature of ____________

SUBSCRIBED AND SWORN TO before me this _____ day of ______, 2___.

_____________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: ______

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _________

)

______, ) NO. _____

Petitioner, )

vs. ) MOTION AND ORDER

______, ) OF DISMISSAL

Respondent. )

)

Comes now petitioner, ________, and moves this Court for an order allowing the voluntary withdrawal and dismissal of the Restraining Order on file herein.

__________________

Petitioner

SUBSCRIBED AND SWORN TO before me this _____ day of ______, 2___.

_____________________

NOTARY PUBLIC FOR OREGON

My Commission Expires: ______

IT IS SO ORDERED this _____ day of ______, 2___.

__________________

JUDGE

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _________

______, )

(D.O.B._____) ) NOTICE TO RESPONDENT

Petitioner, ) (Elderly Persons and

) Persons With Disabilities

) Abuse Prevention Act)

)

and ) NO. _____

)

______, )

(D.O.B._____) )

Respondent. )

THIS FORM MUST BE

ATTACHED TO SERVICE COPY

OF RESTRAINING ORDER

TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL OR DELIVER IT TO:

REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT’S TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.

Keep in mind that this order remains in effect until the court that issued the order modifies or dismisses it. If you are arrested for violating this order, the security amount (bail) is $5,000, unless a different amount is ordered by the court. Violation of this order constitutes contempt of court and is punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, a jail term of up to six months, or both. Other sanctions may be imposed.

______________________________________________________________________________

REQUEST FOR HEARING

I am the Respondent in the above-referenced action and I request a hearing to contest all or part of the order as follows (mark one or more):

__ The order restraining me from contacting, or attempting to contact, the petitioner.

__ Other _______________

I (will) (will not) be represented by an attorney at the hearing.

Notice of the time and place of the hearing can be mailed to me at the address below my signature.

Date: _______________

______________________

SIGNATURE OF RESPONDENT

______________________

______________________

ADDRESS

______________________

TELEPHONE NUMBER

______________________________________________________________________________

(7) If the court orders relief:

(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court.

(b) The county sheriff shall serve the respondent personally unless the petitioner or guardian petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 124.030 (Proof of service of restraining order to be delivered to sheriff).

(c) A respondent accused of committing abuse by means of a sweepstakes promotion may be served:

(A) Personally;

(B) By mailing certified true copies of the petition and order by certified mail to the address to which the elderly person or person with a disability would have sent the payment for goods or services promoted in the sweepstakes promotion had the elderly person or person with a disability been ordering the goods or services; or

(C) In the manner directed by the court.

(d) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title).

(8) If the county sheriff:

(a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, of the error or omission.

(b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, that the documents have not been served. If the petitioner or guardian petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(9)(a) Within 30 days after a restraining order is served on the respondent under this section or within 30 days after notice is served on the elderly person or person with a disability under ORS 124.024 (Notice to be given by guardian petitioner), the respondent, elderly person or person with a disability may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court and shall be in substantially the form provided in subsection (6) of this section.

(b) If the respondent, elderly person or person with a disability requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner or guardian petitioner of the date and time of such hearing, and shall supply the petitioner or guardian petitioner with a copy of the request for a hearing. The petitioner or guardian petitioner shall give to the clerk of the court information sufficient to allow such notification.

(c) The hearing is not limited to the issues raised in the request for hearing form and may include testimony from witnesses to the abuse and adult protective services workers. The hearing may be held in person or by telephone. If the respondent, elderly person or person with a disability seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner or guardian petitioner is entitled to a reasonable continuance for the purpose of preparing a response to the issue.

(d) The court shall exercise its discretion in a manner that protects the elderly person or person with a disability from traumatic confrontation with the respondent. [1995 c.666 §§6,6a; 1997 c.249 §40; 1997 c.863 §5; 1999 c.738 §3; 1999 c.875 §7; 2003 c.257 §4a; 2003 c.264 §3; 2005 c.22 §97; 2005 c.671 §3; 2007 c.70 §27]

1 Legislative Counsel Committee, CHAPTER 124—Abuse Prevention and Reporting; Civil Action for Abuse, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors124.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information