Restraining Orders for the Elderly and Disabled
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If you are an elderly or disabled person who is being abused, you may be able to apply for a restraining order by filing a civil action for abuse of the elderly or disabled.
Basic info and definitions
back to topWhat is a civil action for abuse of the elderly and disabled?
A civil action for abuse is a court case that can be filed to protect a person who is elderly or disabled and who is being abused. When you file the civil action, the judge can issue an order to prevent further abuse by separating you from the abuser, requiring the abuser to stay away from you, and protecting your financial resources from the abuser. The civil action can also be filed by your guardian or guardian ad litem.
back to topHow can a civil action against abuse help an elderly or disabled person?
In a civil action for abuse, the judge can:
- order the abuser to move out of a jointly owned or rented home. (The judge can also order that a peace officer accompany the abuser while s/he is removing personal property from the shared home);
- order the abuser to stay away from any premises where the victim may be found;
- order the abuser to stop abusing, intimidating, or molesting the victim
- order the abuser to return custody or control of the money or property of the victim;
- prohibit the abuser from transferring the money or property of the victim to anyone;
- order the abuser to pay the victim’s legal fees.*
* O.R.S. §§ 124.020(1), (2); 124.015(2)(b)
back to topWhat is the legal definition of “abuse” under this civil action in Oregon?
For the purpose of this section, Oregon state law defines “abuse” as:
- Physical injury or pain;
- Neglect that leads to physical harm;
- Naming calling, harassment, threats, and inappropriate sexual comments that threaten the emotional or physical wellbeing of the victim;
- Taking or threatening to take property or money rightfully belonging to the victim;
- Sexual contact with an elderly or disabled person who is unable able to consent; or
- Causing any sweepstakes promotions to be mailed an elderly or disabled person when that person spent over $500 on sweepstakes promotions the year before, and court assistance is needed to prevent the person from spending more money.*
* O.R.S. § 124.005(1)
back to topWhat is the legal definition of "elderly"?
The legal definition of an elderly person is someone 65 years and older.*
* O.R.S .§ 124.005(2)
back to topWhat is the legal definition of "disabled"?
For purposes of this restraining order, “a person with a disability” is defined as someone with a physical or mental disability who is eligible for Supplemental Security Income or for general assistance and meets one of the following:
- has a developmental disability, or is mentally or emotionally disturbed AND who lives in or needs placement in a residential program;
- is an alcohol or drug abuser AND who lives or needs placement in a residential program;
- has another type of physical or mental disability; or
- is experiencing a brain injury for a long enough time to affect that person's ability to perform activities of daily living.*
* O.R.S. §§ 124.005(8), 410.040(7), 410.715
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