Chapter 257 Oregon Laws 2003

AN ACT

SB 37

Relating to Elderly and Disabled Person Abuse Prevention Act; creating new provisions; and amending ORS 124.005, 124.010, 124.015, 124.020 and 124.030.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 124.005 is amended to read:

124.005. As used in ORS 124.005 to 124.040:

(1) “Abuse” means one or more of the following:

(a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(c) Abandonment, including desertion or willful forsaking of an elderly or disabled person or the withdrawal or neglect of duties and obligations owed an elderly or disabled person by a caregiver or other person.

(d) Willful infliction of physical pain or injury.

(e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments of such a nature as to threaten significant physical or emotional harm to the elderly or disabled person.

(f) Causing any sweepstakes promotion to be mailed to an elderly, disabled or incapacitated person who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense.

(2) “Disabled person”:

(a) Has the meaning given that term in ORS 410.040 (4) if the person meets a criterion listed in ORS 410.040 (4)(b); or

(b) Means a person described in ORS 410.715.

(3) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

(4) “Guardian petitioner” means a guardian or guardian ad litem for an elderly or disabled person who files a petition under ORS 124.005 to 124.040 on behalf of the elderly or disabled person.

[(4)] (5) “Interfere” means to interpose in a way that hinders or impedes.

[(5)] (6) “Intimidate” means to compel or deter conduct by a threat.

[(6)] (7) “Menace” means to act in a threatening manner.

[(7)] (8) “Molest” means to annoy, disturb or persecute with hostile intent or injurious effect.

(9) “Petitioner” means an elderly or disabled person who files a petition under ORS 124.005 to 124.040.

[(8)] (10) “Sweepstakes” means a procedure for awarding a prize that is based on chance. “Sweepstakes” includes any such procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize. “Sweepstakes” also includes any such procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

[(9)] (11) “Sweepstakes promotion” means an offer to participate in a sweepstakes.

SECTION 1a. If Senate Bill 118 becomes law, section 1 of this 2003 Act (amending ORS 124.005) is repealed and ORS 124.005, as amended by section 1, chapter 264, Oregon Laws 2003 (Enrolled Senate Bill 118), is amended to read:

124.005. As used in ORS 124.005 to 124.040:

(1) “Abuse” means one or more of the following:

(a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(c) Abandonment, including desertion or willful forsaking of an elderly person or a person with disabilities or the withdrawal or neglect of duties and obligations owed an elderly person or a person with disabilities by a caregiver or other person.

(d) Willful infliction of physical pain or injury.

(e) Use of 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 threaten significant physical or emotional harm to the elderly person or person with disabilities.

(f) Causing any sweepstakes promotion to be mailed to an elderly person or a person with disabilities who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense.

(2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

(3) “Guardian petitioner” means a guardian or guardian ad litem for an elderly person or a person with disabilities who files a petition under ORS 124.005 to 124.040 on behalf of the elderly person or person with disabilities.

[(3)] (4) “Interfere” means to interpose in a way that hinders or impedes.

[(4)] (5) “Intimidate” means to compel or deter conduct by a threat.

[(5)] (6) “Menace” means to act in a threatening manner.

[(6)] (7) “Molest” means to annoy, disturb or persecute with hostile intent or injurious effect.

[(7)] (8) “Person with disabilities” means a person described in:

(a) ORS 410.040 (5) if the person meets a criterion listed in ORS 410.040 (5)(b); or

(b) ORS 410.715.

(9) “Petitioner” means an elderly person or a person with disabilities who files a petition under ORS 124.005 to 124.040.

[(8)] (10) “Sweepstakes” means:

(a) A procedure for awarding a prize that is based on chance;

(b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize; or

(c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

[(9)] (11) “Sweepstakes promotion” means an offer to participate in a sweepstakes.

SECTION 2. ORS 124.010 is amended to read:

124.010. (1)(a) [Any] An elderly or disabled person who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly or disabled person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 to 124.040, if the elderly or disabled person is in immediate and present danger of further abuse from the abuser.

(b) The elderly or disabled person or the guardian or guardian ad litem of the elderly or disabled person may seek relief by filing a petition with the circuit court alleging that the elderly or disabled person is in immediate and present danger of further abuse from the respondent, alleging that the elderly or disabled person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition.

(c) A petitioner or guardian petitioner is not required to provide in the petition information regarding the relationship of the elderly or disabled person with the respondent.

(d) Allegations in the petition [shall] must be made under oath or affirmation. The circuit court [shall have] has jurisdiction over all proceedings under ORS 124.005 to 124.040.

(2) The petitioner or guardian petitioner has the burden of proving a claim under ORS 124.005 to 124.040 by a preponderance of the evidence.

(3) [An elderly or disabled person’s] The right to petition for relief under ORS 124.005 to 124.040 [shall] is not [be] affected by the fact that the elderly or disabled person has left the residence or household to avoid abuse.

(4) A petition filed under ORS 124.005 to 124.040 [shall] must disclose the existence of any Elderly and Disabled Person Abuse Prevention Act proceedings, Abuse Prevention Act proceedings, or any marital annulment, dissolution or separation proceedings, pending between the parties.

(5) Upon the filing of a petition under ORS 124.005 to 124.040, the clerk of the court shall give the [elderly or disabled person] petitioner or guardian petitioner information provided by the Department of Human Services about local adult protective services, domestic violence shelters and local legal services available.

(6) For purposes of computing the 180-day period in this section and ORS 124.020, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the [petitioner] elderly or disabled person shall not be counted as part of the 180-day period.

(7) If a guardian or guardian ad litem files a petition under this section on behalf of an elderly or disabled person, the elderly or disabled person retains the right to:

(a) Contact and retain counsel;

(b) Have access to personal records;

(c) File objections to the restraining order;

(d) Request a hearing; and

(e) Present evidence and cross-examine witnesses at any hearing.

SECTION 2a. If Senate Bill 118 becomes law, section 2 of this 2003 Act (amending ORS 124.010) is repealed and ORS 124.010, as amended by section 2, chapter 264, Oregon Laws 2003 (Enrolled Senate Bill 118), is amended to read:

124.010. (1)(a) An elderly person or a person with disabilities who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly person or a person with disabilities who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 to 124.040, if the elderly person or person with disabilities is in immediate and present danger of further abuse from the abuser.

(b) The elderly person or person with disabilities or the guardian or guardian ad litem of the elderly person or person with disabilities may seek relief by filing a petition with the circuit court alleging that the elderly person or person with disabilities is in immediate and present danger of further abuse from the respondent, alleging that the elderly person or person with disabilities has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition.

(c) A petitioner or guardian petitioner is not required to provide in the petition information regarding the relationship between the elderly person or person with disabilities and the respondent.

(d) Allegations in the petition [shall] must be made under oath or affirmation. The circuit court [shall have] has jurisdiction over all proceedings under ORS 124.005 to 124.040.

(2) The petitioner or guardian petitioner has the burden of proving a claim under ORS 124.005 to 124.040 by a preponderance of the evidence.

(3) The right [of an elderly person or a person with disabilities] to petition for relief under ORS 124.005 to 124.040 [shall] is not [be] affected by the fact that the elderly person or person with disabilities has left the residence or household to avoid abuse.

(4) A petition filed under ORS 124.005 to 124.040 [shall] must disclose the existence of any Elderly Persons and Persons With Disabilities Abuse Prevention Act proceedings, any Abuse Prevention Act proceedings or any marital annulment, dissolution or separation proceedings pending between the parties.

(5) Upon the filing of a petition under ORS 124.005 to 124.040, the clerk of the court shall give the [elderly person or person with disabilities] petitioner or guardian petitioner information provided by the Department of Human Services about local adult protective services, domestic violence shelters and local legal services available.

(6) For purposes of computing the 180-day period in this section and ORS 124.020, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the [petitioner shall] elderly person or person with disabilities is not [be] counted as part of the 180-day period.

(7) If a guardian or guardian ad litem files a petition under this section on behalf of an elderly person or a person with disabilities, the elderly person or person with disabilities retains the right to:

(a) Contact and retain counsel;

(b) Have access to personal records;

(c) File objections to the restraining order;

(d) Request a hearing; and

(e) Present evidence and cross-examine witnesses at any hearing.

SECTION 3. ORS 124.015 is amended to read:

124.015. (1) [If the respondent requests a hearing pursuant to ORS 124.020 (7),] The court shall hold [the] a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020[.] if the respondent or elderly or disabled person requests a hearing pursuant to ORS 124.020 (8).

(2) In addition to the relief granted under ORS 124.020, the court, in a hearing held pursuant to subsection (1) of this section, may:

(a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and

(b) Assess against [either] any party reasonable attorney fees and such costs as may be incurred in the hearing.

(3)(a) If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation.

(b) If the elderly or disabled person is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.

(4) The court [shall have the further power to] may approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS 124.010. An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS 124.020.

(5) [No] An order or agreement made under ORS 124.005 to 124.040 or ORS 133.310 and 133.381 [shall] may not in any manner affect title to any real property.

(6) No undertaking shall be required in any proceeding under ORS 124.005 to 124.040.

(7) Any proceeding under ORS 124.005 to 124.040 shall be in addition to and not in lieu of any other available civil or criminal remedies.

(8) Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.105 to 105.168, a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 to 124.040.

SECTION 3a. If Senate Bill 118 becomes law, section 3 of this 2003 Act (amending ORS 124.015) is repealed and ORS 124.015 is amended to read:

124.015. (1) [If the respondent requests a hearing pursuant to ORS 124.020 (7),] The court shall hold [the] a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020[.] if the respondent, elderly person or person with disabilities requests a hearing pursuant to ORS 124.020 (8).

(2) In addition to the relief granted under ORS 124.020, the court, in a hearing held pursuant to subsection (1) of this section, may:

(a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and

(b) Assess against [either] any party reasonable attorney fees and such costs as may be incurred in the hearing.

(b) If the elderly person or person with disabilities is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.

(5) [No] An order or agreement made under ORS 124.005 to 124.040 or ORS 133.310 and 133.381 [shall] may not in any manner affect title to any real property.

(6) No undertaking shall be required in any proceeding under ORS 124.005 to 124.040.

(7) Any proceeding under ORS 124.005 to 124.040 shall be in addition to and not in lieu of any other available civil or criminal remedies.

(8) Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.105 to 105.168, a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 to 124.040.

SECTION 4. ORS 124.020 is amended to read:

124.020. (1) When [an elderly or disabled person] a petitioner or guardian petitioner files a petition under ORS 124.010, 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 [petitioner] elderly or disabled person 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 [petitioner] elderly or disabled 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 [petitioner’s] residence of the elderly or disabled person, if in the sole name of the [petitioner] elderly or disabled person or if jointly owned or rented by the [petitioner] elderly or disabled 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 [petitioner] elderly or disabled person, or attempting to abuse, intimidate, molest, interfere with or menace the [petitioner] elderly or disabled 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 [petitioner] elderly or disabled person;

(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 [petitioner] elderly or disabled person any sweepstakes promotion;

(B) Required to remove the [petitioner] elderly or disabled person from the respondent’s sweepstakes promotion mailing list or place the [petitioner] elderly or disabled 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 [petitioner] elderly or disabled person after the date the order is entered by the court; or

(f) Other relief that the court considers necessary to provide for the safety and welfare of the [petitioner] elderly or disabled person.

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

(a) The [petitioner] elderly or disabled person;

(b) The guardian or guardian ad litem of the elderly or disabled person;

[(b)] (c) Witnesses to the abuse; or

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

(3) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the [petitioner] elderly or disabled person with additional abuse.

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

[(4)] (5) An instruction brochure shall be available from the clerk of the court explaining the rights set forth under ORS 124.005 to 124.040. 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 OR

vs. ) DISABLED PERSON

)

) NO. ___

____, )

Respondent )

(person to be )

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 disabled person (circle the one that describes you).

1. CHECK AND FILL OUT [THE] 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 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, disabled or incapacitated person. In the past year, I spent more than $500 on sweepstakes promotions that I received in the United States mail.

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 and Disabled Person 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).

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 other? Explain:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ________

______, )

Petitioner )

(your name) ) RESTRAINING ORDER

) TO PREVENT ABUSE

vs. )

) 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 been abused by respondent as defined by ORS 124.005;

_ The abuse of petitioner by respondent occurred within the last 180 days as provided in ORS 124.010;

_ 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 or Disabled Person and the Petition for Restraining Order to Prevent Abuse 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 and

) Disabled Person 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

______________________________________________________________________________

[(5)] (6) 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.

(A) Personally;

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

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

[(6)] (7) 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.

[(7)(a)] (8)(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 or disabled person under section 7 of this 2003 Act, the respondent or elderly or disabled person [therein] 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 [(4)] (5) of this section.

(b) If the respondent or elderly or disabled person 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 respondent’s or elderly or disabled person’s 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 [shall] is not [be] limited to the issues raised in the respondent’s or elderly or disabled person’s 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 or elderly or disabled person seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner or guardian petitioner [shall be] 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 [petitioner] elderly or disabled person from traumatic confrontation with the respondent.

SECTION 4a. If Senate Bill 118 becomes law, section 4 of this 2003 Act (amending ORS 124.020) is repealed and ORS 124.020, as amended by section 3, chapter 264, Oregon Laws 2003 (Enrolled Senate Bill 118), is amended to read:

124.020. (1) When [an elderly person or a person with disabilities] a petitioner or guardian petitioner files a petition under ORS 124.010, 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 [petitioner] elderly person or person with disabilities 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 [petitioner] elderly person or person with disabilities, 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 [petitioner’s] residence of the elderly person or person with disabilities, if in the sole name of the [petitioner] elderly person or person with disabilities or if jointly owned or rented by the [petitioner] elderly person or person with disabilities 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 [petitioner] elderly person or person with disabilities, or attempting to abuse, intimidate, molest, interfere with or menace the [petitioner] elderly person or person with disabilities;

(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 [petitioner] elderly person or person with disabilities any sweepstakes promotion;

(B) Required to remove the [petitioner] elderly person or person with disabilities from the respondent’s sweepstakes promotion mailing list or place the [petitioner] elderly person or person with disabilities 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 [petitioner] elderly person or person with disabilities after the date the order is entered by the court; or

(f) Other relief that the court considers necessary to provide for the safety and welfare of the [petitioner] elderly person or person with disabilities.

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

(a) The [petitioner] elderly person or person with disabilities;

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

[(b)] (c) Witnesses to the abuse; or

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

(3) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the [petitioner] elderly person or person with disabilities with additional abuse.

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

______________________________________________________________________________

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 [PERSON]

) PERSONS OR [PERSON]

vs. ) PERSONS WITH DISABILITIES

)

) NO. ___

____, )

Respondent )

(person to be )

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 disabilities (CIRCLE THE ONE THAT DESCRIBES YOU).

1. CHECK AND FILL OUT [THE] 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 disabilities. In the past year, I spent more than $500 on sweepstakes promotions that I received in the United States mail.

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).

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 other? 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 been abused by respondent as defined by ORS 124.005;

_ The abuse of petitioner by respondent occurred within the last 180 days as provided in ORS 124.010;

_ 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__ )

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 [and] 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

______________________________________________________________________________

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

______________________________________________________________________________

[(5)] (6) If the court orders relief:

(A) Personally;

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

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

[(6)] (7) If the county sheriff:

[(7)(a)] (8)(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 disabilities under section 7 of this 2003 Act, the respondent, elderly person or person with disabilities [therein] 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 [(4)] (5) of this section.

(b) If the respondent, elderly person or person with disabilities 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 [respondent’s] 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 [shall] is not [be] limited to the issues raised in the [respondent’s] 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 disabilities seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner or guardian petitioner [shall be] 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 [petitioner] elderly person or person with disabilities from traumatic confrontation with the respondent.

SECTION 5. ORS 124.030 is amended to read:

124.030. (1) Whenever a restraining order, as authorized by ORS 124.015 or 124.020, that includes a security amount and an expiration date pursuant to ORS 124.015 and 124.020 and this section, is issued and the person to be restrained has actual notice thereof, the clerk of the court or any other person serving the petition and order shall deliver forthwith to a county sheriff a true copy of the affidavit of proof of service on which it is stated that personal service of the petition and order was served on the respondent, a copy of the petition and a true copy of the order. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service of the order is waived and an accompanying proof of service is not necessary. Upon receipt of a true copy of proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the Department of State Police. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of such order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of such order. Such order shall be fully enforceable in any county in the state. The petitioner or guardian petitioner may elect to deliver documents personally to a county sheriff or to have them delivered by a private person for entry into the Law Enforcement Data System.

(2)(a) A restraining order shall remain in effect until the order expires or is terminated by court order.

(b) When a restraining order has been entered under ORS 124.020, the restraining order shall not be terminated upon a motion for dismissal by the petitioner or guardian petitioner unless the motion is notarized.

(3) In any situation where a restraining order described in subsection (1) of this section is terminated before the expiration date, the clerk of the court shall deliver forthwith a true copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of such termination order the county sheriff shall promptly remove the original order from the Law Enforcement Data System.

(4) Pending a contempt hearing for an alleged violation of a restraining order issued pursuant to ORS 124.015 or 124.020, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Whenever such restraining order is issued, the issuing court shall set a security amount for the violation of such order.

SECTION 6. Section 7 of this 2003 Act is added to and made a part of ORS 124.005 to 124.040.

SECTION 7. (1) A guardian petitioner must give notice of the petition, order and related forms described in ORS 124.020 (5) to the elderly or disabled person named in the petition.

(2) The guardian petitioner must also serve on the elderly or disabled person a notice that contains a statement of the rights of an elderly or disabled person as follows:

(a) The right to contact and retain counsel;

(b) The right to have access to personal records;

(c) The right to file objections to the restraining order;

(d) The right to request a hearing to contest all or part of the restraining order; and

(e) The right to present evidence and cross-examine witnesses at any hearing.

(3) Notice provided under subsection (1) of this section must be similar to the notice provided to the respondent under ORS 124.020 (5) and must contain an objection form that the elderly or disabled person may complete and mail to the court.

(4) Notice under this section must be personally served on the elderly or disabled person. The date of personal service must be not later than 72 hours after the court issues a restraining order under ORS 124.020.

(5) Proof of service under this section must be filed in the proceeding before the court holds a hearing under ORS 124.015.

SECTION 7a. If Senate Bill 118 becomes law, section 7 of this 2003 Act is amended to read:

Sec. 7. (1) A guardian petitioner must give notice of the petition, order and related forms described in ORS 124.020 (5) to the elderly person or [disabled] person with disabilities named in the petition.

(2) The guardian petitioner must also serve on the elderly person or [disabled] person with disabilities a notice that contains a statement of the rights of an elderly person or [disabled] a person with disabilities as follows:

(a) The right to contact and retain counsel;

(b) The right to have access to personal records;

(d) The right to request a hearing to contest all or part of the restraining order; and

(e) The right to present evidence and cross-examine witnesses at any hearing.

(3) Notice provided under subsection (1) of this section must be similar to the notice provided to the respondent under ORS 124.020 (5) and must contain an objection form that the elderly person or [disabled] person with disabilities may complete and mail to the court.

(4) Notice under this section must be personally served on the elderly person or [disabled] person with disabilities. The date of personal service must be not later than 72 hours after the court issues a restraining order under ORS 124.020.

(5) Proof of service under this section must be filed in the proceeding before the court holds a hearing under ORS 124.015.

Approved by the Governor Approved by the Governor June 10, 2003

Filed in the office of Secretary of State Filed in the office of Secretary of State June 11, 2003

Effective date Effective date January 1, 2004

__________