73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 610
Senate Bill 106
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 Governor Theodore R.
Kulongoski for Office of the Governor)
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 as
introduced.
Requires firefighters and emergency medical technicians to
report abuse of elderly persons. Modifies definition of 'abuse '
for Elderly Persons and Persons with Disabilities Abuse
Prevention Act. Modifies definition of 'abuse' for reporting
abuse of elderly persons.
Establishes rules governing passage of property from elderly
and incapacitated persons who suffer physical or financial abuse
that results in felony conviction of abuser. Provides that if
abused person dies within five years after abuse occurs, property
that would have passed from abused person to abuser by intestate
succession, by will or by trust passes as if abuser had
predeceased abused person.
A BILL FOR AN ACT
Relating to abuse of vulnerable persons; creating new provisions;
and amending ORS 112.455, 112.465, 112.475, 112.485, 112.495,
112.505, 112.515, 112.525, 112.535, 112.545, 124.005, 124.010,
124.020, 124.050 and 124.075.
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 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.
{ + (g) Wrongfully taking or appropriating money or property,
or threatening to wrongfully take or appropriate money or
property.
(h) Sexual contact with a nonconsenting elderly person or
person with disabilities or with an elderly person or person with
disabilities considered incapable of consenting to a sexual act
as described in ORS 163.315. As used in this paragraph, 'sexual
contact' has the meaning given that term in ORS 163.305. + }
(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.
(4) 'Interfere' means to interpose in a way that hinders or
impedes.
(5) 'Intimidate' means to compel or deter conduct by a threat.
(6) 'Menace' means to act in a threatening manner.
(7) 'Molest' means to annoy, disturb or persecute with hostile
intent or injurious effect.
(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.
(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.
(11) 'Sweepstakes promotion' means an offer to participate in a
sweepstakes.
SECTION 2. ORS 124.010 is amended to read:
124.010. (1)(a) { + Except as provided in subsection (8) of
this section, + } 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 must be made under oath or
affirmation. The circuit court 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 to petition for relief under ORS 124.005 to
124.040 is not 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 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 { + or any protective proceedings under ORS chapter
125 + }.
(5) Upon the filing of a petition under ORS 124.005 to 124.040,
the clerk of the court shall give the 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 elderly person or person with
disabilities is not 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.
{ + (8) An elderly person or a person with disabilities may
not file a petition under ORS 124.005 to 124.040 against a
guardian or conservator for the elderly person or the person with
disabilities. + }
SECTION 3. ORS 124.020 is amended to read:
124.020. (1) When 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 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
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 residence
of the elderly person or person with disabilities, if in the sole
name of the elderly person or person with disabilities or if
jointly owned or rented by the 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 elderly
person or person with disabilities, or attempting to abuse,
intimidate, molest, interfere with or menace the 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 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 elderly person or person
with disabilities any sweepstakes promotion;
(B) Required to remove the elderly person or person with
disabilities from the respondent's sweepstakes promotion mailing
list or place the 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 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 elderly person or person with
disabilities.
(2) The showing required under subsection (1) of this section
may be made by testimony of:
(a) The elderly person or person with disabilities;
(b) The guardian or guardian ad litem of the elderly person or
person with disabilities;
(c) Witnesses to the abuse; or
(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 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 { + about + } the guardian
petitioner where the petition, order or related forms described
in subsection (5) of this section require information about the
petitioner.
(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
PERSONS OR
PERSONS WITH
vs. 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 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.
{ +H._ Wrongfully taken or appropriated my money or property, or
threatened to wrongfully take or appropriate my money or
property. + }
{ +I._ Had nonconsensual sexual contact with me or sexual
contact to which I was incapable of consenting. + }
NOTICE TO PETITIONER: Sweepstakes companies are allowed up to
150 days to stop sending you sweepstakes entry materials. For a
time after the court issues a restraining order, you may receive
additional solicitations from respondent. However, beginning on
the date the restraining order is issued, the respondent must
immediately reject any further orders from you and must return
any money you send to the company after the date the restraining
order is issued.
3. Any period of time after the abuse occurred during which
respondent was incarcerated (in jail or prison) or lived more
than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a
restraining order.
Respondent was incarcerated from _______, __(year),
to ______, __(year).
Respondent lived more than 100 miles from my home
from _____, __(year), to _____, __(year).
4. Did the abuse happen within the last 180 days not including
the times respondent was incarcerated (in jail or prison) or
lived more than 100 miles from your home? Yes No
Date and location of abuse:
_______________
_______________
How did respondent injure or threaten to injure you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent injured or threatened to injure
you? If yes, explain:
_______________
_______________
_______________
6. The abuse I am complaining about was witnessed by
______ (affidavit attached). Other persons with knowledge of
the abuse are ______ (affidavit attached).
7. I am in immediate and present danger of further abuse by
respondent because:
_______________
_______________
_______________
8. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions,
explain:
_______________
_______________
9. A. There (is) (is not) another Elderly Persons and Persons
With Disabilities Abuse Prevention Act or Abuse
Prevention Act proceeding pending between respondent and
me. It is filed in ____ (County), ____ (State), and I am
(Petitioner) or (Respondent) in that case.
The case number of the case is: __________
B. There (is) (is not) another lawsuit pending between
respondent and me for divorce, annulment or legal
separation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
{ +There (is) (is not) a protective proceeding filed
in _____ (County), _____ (State). + }
10. Respondent may be required to move from your residence if it
is in your sole name, or if it is jointly owned or rented by
you and respondent, or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE '
PETITIONER'S REQUEST' COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
_________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
____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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? Petitioner's residence. ___
? Petitioner's business or place of employment.
___
? Petitioner's school. ___
? Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? Contacting, or attempting to contact, petitioner by telephone.
___
? 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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? ? 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.
_______________________________________________________________
? ? 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ?10. 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 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
____________________________________________________________
_________________________________________________________________
(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 elderly person or
person with disabilities would have sent the payment for goods or
services promoted in the sweepstakes promotion had the elderly
person or person with disabilities been ordering the goods or
services; or
(C) In the manner directed by the court.
(d) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
124.005 to 124.040.
(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.
(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
ORS 124.024, the respondent, elderly person or person with
disabilities 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 (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 request for a hearing. The petitioner or guardian petitioner
shall give to the clerk of the court information sufficient to
allow such notification.
(c) The hearing is not limited to the issues raised in the
request for hearing form and may include testimony from witnesses
to the abuse and adult protective services workers. The hearing
may be held in person or by telephone. If the respondent, elderly
person or person with disabilities seeks to raise an issue at the
hearing not previously raised in the request for hearing form,
the petitioner or guardian petitioner is entitled to a reasonable
continuance for the purpose of preparing a response to the issue.
(d) The court shall exercise its discretion in a manner that
protects the elderly person or person with disabilities from
traumatic confrontation with the respondent.
SECTION 4. ORS 124.050 is amended to read:
124.050. As used in ORS 124.050 to 124.095:
(1) 'Abuse' means one or more of the following:
(a) Any physical injury caused by other than accidental means,
or which appears to be at variance with the explanation given of
the injury.
(b) Neglect which 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 the withdrawal or neglect of duties and
obligations owed an elderly person by a caretaker or other
person.
(d) Willful infliction of physical pain or injury.
{ + (e) An act that constitutes a crime under ORS 163.375,
163.405, 163.411, 163.415, 163.425, 163.427, 163.465 or
163.467. + }
{ + (f) Wrongfully taking or appropriating money or property,
or threatening to wrongfully take or appropriate money or
property. + }
{ - (2) 'Department' means the Department of Human
Services. - }
{ - (3) - } { + (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.
{ - (4) - } { + (3) + } 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) Any district attorney.
{ - (5) - } { + (4) + } 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
chiropractor or podiatric physician and surgeon, including any
intern or resident.
(b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service.
(c) Employee of the Department of Human Services, county health
department or community mental health and developmental
disabilities program.
(d) Peace officer.
(e) Member of the clergy.
(f) Licensed clinical social worker.
(g) Physical, speech or occupational therapists.
(h) Senior center employee.
(i) Information and referral or outreach worker.
(j) Licensed professional counselor or licensed marriage and
family therapist.
(k) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
{ + (L) Firefighter or emergency medical technician. + }
SECTION 5. ORS 124.075 is amended to read:
124.075. (1) Anyone participating in good faith in the making
of a report { - pursuant to ORS 124.050 to 124.070 - } { + of
elder abuse + } and who has reasonable grounds for the making
{ - thereof, - } { + the report + } shall have immunity from
any civil liability that might otherwise be incurred or imposed
with respect to the making or content of such report. Any such
participant shall have the same immunity with respect to
participating in any judicial proceeding resulting from such
report.
(2) The identity of the person making the report shall be
treated as confidential information and shall be disclosed only
with the consent of that person or by judicial process, or as
required to perform the functions under ORS 124.070.
SECTION 6. { + Section 7 of this 2005 Act is added to and made
a part of ORS 112.455 to 112.555. + }
SECTION 7. { + ORS 112.455 to 112.555 apply to an abuser only
if the decedent dies within five years after the abuser is
convicted of a felony by reason of conduct that constitutes
physical abuse of the decedent, as described in ORS 124.105, or
financial abuse of the decedent, as described in ORS 124.110. + }
SECTION 8. ORS 112.455 is amended to read:
112.455. As used in ORS 112.455 to 112.555:
{ + (1) 'Abuser' means a person who is convicted of a felony
by reason of conduct that constitutes physical abuse as described
in ORS 124.105 or financial abuse as described in ORS
124.110. + }
{ - (1) - } { + (2) + } 'Decedent' means { + :
(a) + } A person whose life is taken by a slayer { + ; or
(b) A person who dies after an abuser engages in conduct
against the person that constitutes physical abuse as described
in ORS 124.105 or financial abuse as described in ORS
124.110 + }.
{ - (2) - } { + (3) + } 'Slayer' means a person who, with
felonious intent, takes or procures the taking of the life of
{ - another - } { + a decedent + }.
SECTION 9. ORS 112.465 is amended to read:
112.465. Property that would have passed { + by intestate
succession, by will or by trust + } from { - the - } { +
a + } decedent or the estate of the decedent to { - the
slayer - } { + a person who was a slayer or an abuser of the
decedent, passes and vests + } { - by intestate succession, by
will or by trust shall pass and be vested - } as if the slayer
{ + or abuser + } had predeceased the decedent.
SECTION 10. ORS 112.475 is amended to read:
112.475. If { - the - } { + a + } slayer { + of a
decedent + } and the decedent { + , or an abuser of a decedent
and the decedent, + } owned property as tenants by the entirety
or with a right of survivorship, upon the death of the decedent
an undivided one-half interest { - shall remain - } { +
remains + } in the slayer { + or abuser + } for the lifetime of
the slayer { + or abuser + } and { - , - } subject
{ - thereto, - } { + to that interest + } the property
{ - shall pass to and be - } { + passes to and is + } vested
in the heirs or devisees of the decedent other than the
slayer { + or abuser + }.
SECTION 11. ORS 112.485 is amended to read:
112.485. If { - the - } { + a + } slayer { + of a
decedent + }, the decedent and
{ - another or others - } { + one or more other persons + }
owned property with a right of survivorship, { + or if an abuser
of a decedent, the decedent and one more other persons owned
property with a right of survivorship, + } upon the death of the
decedent the interest of the slayer { + or abuser + }
{ - shall remain - } { + remains + } as an undivided interest
in the slayer { + or abuser + } for the lifetime of the slayer
{ + or abuser + } and { - , - } subject { - thereto, - }
{ + to that interest + } the property { - shall pass to and
be - } { + passes to and is + } vested in the other surviving
owner or owners.
SECTION 12. ORS 112.495 is amended to read:
112.495. (1) Property in which { - the - } { + a + }
slayer { + of a decedent, or an abuser of a decedent, + }owns a
reversion or vested remainder subject to an estate for the
lifetime of { + the + } decedent { - shall pass - } { +
passes + } to the heirs or devisees of the decedent for a period
of time equal to the normal life expectancy of a person of the
sex and age of the decedent at the time of death. If the
particular estate is owned by a third person for the lifetime of
the decedent, { - it shall continue - } { + the estate
continues + } in { - such - } { + the third + } person for a
period of time equal to the normal life expectancy of a person of
the sex and age of the decedent at the time of death.
(2) As to a contingent remainder or executory or other future
interest owned by { - the - } { + a + } slayer { + of a
decedent or an abuser of a decedent + } { - subject to
become - } { + that becomes + } vested in the slayer { + or
abuser + } or increased in any way for the slayer { + or
abuser + } upon { - the condition of - } the death of the
decedent:
(a) If the interest would not have { + increased or + } become
vested
{ - or increased - } if the slayer { + or abuser + } had
predeceased the decedent, the slayer { + or abuser + }
{ - shall be - } { + is + } considered to have
{ - so - } predeceased the decedent; and
(b) In any case, the interest shall not be so vested or
increased during a period of time equal to the normal life
expectancy of a person of the sex and age of the decedent at the
time of death.
SECTION 13. ORS 112.505 is amended to read:
112.505. (1) Property appointed by the will of the decedent to
or for the benefit of { - the - } { + a + } slayer { + of a
decedent or an abuser of a decedent + } { - shall be - } { +
is + } distributed as if the slayer { + or abuser + } had
predeceased the decedent.
(2) Property owned either presently or in remainder by
{ - the - } { + a + } slayer { + of a decedent or an abuser
of a decedent + }, subject to be divested by the exercise by the
decedent of a power of revocation or a general power of
appointment, { - shall pass to and be - } { + passes to and
is + } vested in the heirs or devisees of the decedent other than
the slayer { + or abuser + }. Property so owned by the
slayer { + or abuser + }, subject to be divested by the exercise
by the decedent of a power of appointment to a particular person
or persons or to a class of persons, { - shall pass to such - }
{ + passes to the + } person or persons or in equal shares to
the members of { - such - } { + the + } class of persons to
the exclusion of the slayer { + or abuser + }.
SECTION 14. ORS 112.515 is amended to read:
112.515. Proceeds payable to or for the benefit of
{ - the - } { + a + } slayer { + of a decedent or an abuser
of a decedent + } as beneficiary or assignee of the decedent of
the following interests shall be paid to the secondary
beneficiary, or if there is no secondary beneficiary, to the
personal representative of the decedent's estate:
(1) A policy or certificate of insurance on the life of the
decedent.
(2) A certificate of membership in any benevolent association
or organization on the life of the decedent.
(3) Rights of the decedent as survivor of a joint life policy.
(4) Proceeds under any pension, profit-sharing or other plan.
SECTION 15. ORS 112.525 is amended to read:
112.525. If { - the - } { + a + } decedent is beneficiary
or assignee of any policy or certificate of insurance on the life
of { - the - } { + a + } slayer { + of the decedent or an
abuser of the decedent + }, the proceeds shall be paid to the
personal representative of the decedent's estate unless:
(1) The policy or certificate names some person other than the
slayer { + or abuser, + } or the personal representative of the
slayer { + or abuser, + } as the secondary beneficiary.
(2) The slayer { + or abuser + }, by naming a new beneficiary
or assignee, performs an act which would have deprived the
decedent of the interest of the decedent if the decedent had been
living.
SECTION 16. ORS 112.535 is amended to read:
112.535. Any insurance company making payment according to the
terms of its policy, or any financial institution, trustee or
other person performing an obligation to { - the - } { +
a + } slayer { + of a decedent or an abuser of a decedent + }
{ - shall not be subjected - } { + is not subject + } to
additional liability because of ORS 112.455 to 112.555 if the
payment or performance is made without written notice by a
claimant of a claim arising under those sections. Upon receipt of
written notice the person to whom it is directed may withhold any
disposition of the property pending determination of the duties
of the person.
SECTION 17. ORS 112.545 is amended to read:
112.545. ORS 112.455 to 112.555 do not affect the rights of any
person who for value and without notice purchases or agrees to
purchase property that { - the - } { + a + } slayer { + of a
decedent or an abuser of a decedent + } would have acquired
except for { - those sections - } { + ORS 112.455 to
112.555 + }, but all proceeds received by the slayer { + or
abuser + } from the sale shall be held by the slayer { + or
abuser + } in trust for the persons entitled to the property as
provided in
{ - those sections - } { + ORS 112.455 to 112.555 + }. The
slayer { - shall be - } { + or abuser is + } liable for any
portion of the proceeds of the sale that the slayer { - may
have expended - } { + or abuser spends + } and for the
difference, if any, between the amount received from the sale and
the actual value of the property.
SECTION 18. { + (1) Except as provided by subsection (2) of
this section, the amendments to ORS 112.455, 112.465, 112.475,
112.485, 112.495, 112.505, 112.515, 112.525, 112.535 and 112.545
by sections 8 to 17 of this 2005 Act apply to all conduct that
constitutes physical abuse as described in ORS 124.105 or
financial abuse as described in ORS 124.110, whether occurring
before, on or after the effective date of this 2005 Act.
(2) The amendments to ORS 112.455, 112.465, 112.475, 112.485,
112.495, 112.505, 112.515, 112.525, 112.535 and 112.545 by
sections 8 to 17 of this 2005 Act do not apply to persons who die
before the effective date of this 2005 Act. + }
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