Elderly Persons and Persons with Disabilities Abuse Prevention Act


ORS 124.005–124.040


TO QUALIFY


The respondent subjected the protected person to non-accidental injury; willful infliction of physical pain; neglect leading to physical harm; derogatory or inappropriate names, threats, etc.; or language of such nature as to threaten significant physical or emotional harm; or the respondent is a caretaker of the protected person and abandoned or deserted the protected person; or the respondent wrongfully took or threatened to take money or property, etc.; or subjected the protected person to sexual contact without consent.

Protected person must be in immediate and present danger of further abuse.

RELATIONSHIP

 
No qualifying relationship is necessary, but protected person must be elderly (65 or older) or a person with a disability (a person with a physical or mental impairment that substantially limits one or more major life activities).

MINORS


A guardian or guardian ad litem (GAL) must petition on behalf of minor victims. The respondent must be age 18 or older.

PROCEDURE


Civil petition. Hearing only if requested by respondent or protected person.

REMEDIES

  • Temporary custody not available.
  • Order to vacate residence available.
  • No emergency monetary relief.
  • Attorney’s fees available.

TIMEFRAME


At least one incident within the last 180 days (excluding any time the respondent was in jail or more than 100 miles away). One year order with option to renew.


OTHER ORDERS

 
Available even if other orders are in place.