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Know the Laws: Oregon

UPDATED October 25, 2016

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.  The order, which is technically called an Elderly Persons and Persons with Disabilities Abuse Prevention Act order is often abbreviated as an "EPPDAPA."

Who can file for an Elderly Persons and Persons with Disabilities Act order

back to topWho is eligible to file an Elderly Persons and Persons with Disabilities Act order?

Any person who is elderly (65 or older) or a person of any age with a disability who has been the victim of abuse within the last 180 days is eligible.  Also, a guardian or guardian ad litem of the abused person may petition for an order if the abused person is in immediate and present danger of further abuse.*  There are no relationship requirements between the victim and abuser; the abuser can be anyone who is abusing an elderly or disabled person.**

Note: Any time during which the abuser is incarcerated or lives more than 100 miles from the victim is not counted as part of the 180-day period.***

* O.R.S. § 124.010(1)(a)
** O.R.S. § 124.010(1)(c)
*** O.R.S. § 124.010(6)

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back to topHow long does the Elderly Persons and Persons with Disabilities Act order last?

A order can last for 1 year, or until it is changed by the court or withdrawn by the person who filed it.*

* O.R.S. § 124.020(1)

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back to topMy guardian filed an action on my behalf without my agreement. Is there anything I can do?

If your guardian filed for a petition an Elderly Persons and Persons with Disabilities Abuse Prevention Act ("EPPDAPA") order without your consent, you can try to fight against the action by doing any or all of the following:

  • Get a lawyer;
  • Request a copy of your personal records;
  • File legal objections to it; and
  • Request a hearing; and present witnesses and evidence at the hearing.*

To find a lawyer in your area, go to our OR Finding a Lawyer page.

* O.R.S. § 124.010(7)

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back to topCan the Elderly Persons and Persons with Disabilities Act order be renewed?

Yes. A judge can renew the order even if there has not been a further act of abuse.*

* O.R.S. § 124.035

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back to topHow much does it cost to file for an order?

Nothing. There is no fee to file.*

* O.R.S. § 124.020(7)(d)

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