72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 462
(To Resolve Conflicts)
A-Engrossed
Senate Bill 37
Ordered by the House May 7
Including House Amendments dated May 7 to resolve conflicts
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary for Oregon State Bar Elder Law Section)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Modifies Elderly and Disabled Person Abuse Prevention Act to
allow guardian or guardian ad litem to file petition on behalf of
elderly or disabled person.
A BILL FOR AN ACT
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 ___, 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 ___, 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.
(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 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. + }
(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 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 ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
OF ELDERLY OR
vs. DISABLED PERSON
)
NO. ___
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
_ { +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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
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 _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
PETITIONER (you) ________
{ +
GUARDIAN PETITIONER + }
Sex ___ *Telephone # _____ { + Name ________ + }
*Residence Address ________ { + Address ________ + }
City/State/Zip __________ { + ____________ + }
County ____________ { + Telephone # _______ + }
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
*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?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner )
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
vs. )
)NO. _____
)
______
, )
Respondent )
(person to be res)rained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with
or menace petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 2. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ Petitioner's residence. ___
µ Petitioner's business or place of employment.
___
µ Petitioner's school. ___
µ Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 3. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ Contacting, or attempting to contact, petitioner by telephone.
___
µ Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 8. Respondent shall refund any payment ___
received in any form from the petitioner
after the date this order is entered by the court.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º10. No further service is necessary because ___
respondent appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, (Elderly and
Disabled Person Abuse
Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (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.
(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
{ - 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
(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 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 ___, 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 + };
(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 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. + }
{ - (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 ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
OF ELDERLY { -
PERSON - }
){ +
PERSONS + }
OR { -
PERSON - }
vs. ){ +
PERSONS + }
WITH DISABILITIES
)
NO. ___
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
_ { +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.
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).
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
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 _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
PETITIONER (you) ________
{ +
GUARDIAN PETITIONER + }
Sex ___ *Telephone # _____ { + Name ________ + }
*Residence Address ________ { + Address ________ + }
City/State/Zip __________ { + ____________ + }
County ____________ { + Telephone # _______ + }
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
*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?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner )
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
) { +
OF ELDERLY PERSONS + }
vs. ) { +
OR PERSONS WITH + }
) { +
DISABILITIES + }
)
)NO. _____
______
, )
Respondent )
(person to be res)rained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with
or menace petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 2. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ Petitioner's residence. ___
µ Petitioner's business or place of employment.
___
µ Petitioner's school. ___
µ Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 3. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ Contacting, or attempting to contact, petitioner by telephone.
___
µ Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 8. Respondent shall refund any payment ___
received in any form from the petitioner
after the date this order is entered by the court.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
µ º10. No further service is necessary because ___
respondent appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 { - 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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, (Elderly Persons and
Persons With Disabilities
Abuse Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (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.
(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
{ - 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
(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 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 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;
(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
{ + 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.
----------
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 13.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 14.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 15.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 27.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 28.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 29.