Who 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.1 There are no relationship requirements between the victim and abuser; the abuser can be anyone who is abusing an elderly or disabled person.2
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.3
1 O.R.S. § 124.010(1)(a)
2 O.R.S. § 124.010(1)(c)
3 O.R.S. § 124.010(6)
How long does the Elderly Persons and Persons with Disabilities Act order last?
An order can last for one year, or until it is changed by the court or withdrawn by the person who filed it.1
1 O.R.S. § 124.020(1)
My 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;
- request a hearing; and
- present witnesses and evidence at the hearing.1
To find a lawyer in your area, go to our OR Finding a Lawyer page.
1 O.R.S. § 124.010(7)
Can the Elderly Persons and Persons with Disabilities Act order be renewed?
A judge can renew your order even if there has not been a further act of abuse.1
1 O.R.S. § 124.035
How much does it cost to file for an order?
There is no fee to file for an order.1
1 O.R.S. § 124.020(7)(d)