Step 4: Service of process
For the Elderly Persons and Persons with Disabilities Act order to be enforceable, the respondent must receive notice that a petition for the action has been filed. When the judge grants the order, the court clerk will provide, without charge, the copies of the petition and order necessary to serve the respondent.1 The county sheriff will serve the respondent personally.2 Do not serve the respondent yourself.
Once the respondent has been served, s/he has the right to request a hearing where s/he will be able to tell his/her side of the story. The petitioner also has the right to request a hearing once the respondent has been served. In either case, the hearing must be requested within 30 days.3 You can get the hearing request form from the court clerk.
The court will hold a hearing within 21 days following the request.4
1 O.R.S. § 124.020(7)(a)
2 O.R.S. § 124.020(7)(b)
3 O.R.S. § 124.020(9)
4 O.R.S. § 124.015(1)
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?