ORS 124.010
Petition for relief

  • time limitation
  • information to be provided petitioner
  • exception

(1)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (8) of this section, an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title), if the person is in immediate and present danger of further abuse from the abuser.

(b)

The elderly person or person with a disability or the guardian or guardian ad litem of the person may seek relief by filing a petition with the circuit court alleging that the person is in immediate and present danger of further abuse from the respondent, alleging that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition.

(c)

A petitioner or guardian petitioner is not required to provide in the petition information regarding the relationship between the elderly person or person with a disability and the respondent.

(d)

The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. The circuit court has jurisdiction over all proceedings under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title).

(2)

The petitioner or guardian petitioner has the burden of proving a claim under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) by a preponderance of the evidence.

(3)

The right to petition for relief under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) is not affected by the fact that the elderly person or person with a disability has left the residence or household to avoid abuse.

(4)

A petition filed under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) must disclose the existence of any Elderly Persons and Persons With Disabilities Abuse Prevention Act proceedings, any Abuse Prevention Act proceedings, any marital annulment, dissolution or separation proceedings pending between the parties or any protective proceedings under ORS chapter 125.

(5)

Upon the filing of a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title), the clerk of the court shall give the petitioner or guardian petitioner information provided by the Department of Human Services about local adult protective services, domestic violence shelters and local legal services available.

(6)

For purposes of computing the 180-day period in this section and ORS 124.020 (Ex parte hearing), any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the elderly person or person with a disability is not counted as part of the 180-day period.

(7)

If a guardian or guardian ad litem files a petition under this section on behalf of an elderly person or a person with a disability, the elderly person or person with a disability retains the right to:

(a)

Contact and retain counsel;

(b)

Have access to personal records;

(c)

File objections to the restraining order;

(d)

Request a hearing; and

(e)

Present evidence and cross-examine witnesses at any hearing.

(8)

An elderly person or a person with a disability may not file a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) against a guardian or conservator for the person. [1995 c.666 §4; 1999 c.738 §2; 1999 c.1052 §11; 2003 c.257 §2a; 2003 c.264 §2; 2005 c.671 §2; 2007 c.70 §25; 2015 c.121 §18]

Source: Section 124.010 — Petition for relief; time limitation; information to be provided petitioner; exception, https://www.­oregonlegislature.­gov/bills_laws/ors/ors124.­html.

124.005
Definitions for ORS 124.005 to 124.040
124.010
Petition for relief
124.012
Filing of petitions
124.015
Hearing upon request of respondent
124.020
Ex parte hearing
124.022
Service of restraining order by sheriff
124.024
Notice to be given by guardian petitioner
124.025
Removal of personal effects
124.030
Proof of service of restraining order to be delivered to sheriff
124.035
Renewal of restraining order
124.040
Short title
124.050
Definitions for ORS 124.050 to 124.095
124.055
Policy
124.060
Duty of officials to report
124.065
Method of reporting
124.070
Duty to investigate
124.071
Deadline to complete abuse investigation
124.072
Required disclosure of protected health information to law enforcement agency
124.073
Training for abuse investigators
124.075
Immunity of person making report in good faith
124.077
Immunity for disclosure to prospective employer
124.080
Photographing of victim
124.085
Catalog of abuse records
124.087
Policies and guidelines to plan for development and standardization of certain resources and technologies
124.088
Certain privileges not grounds for excluding evidence in court proceedings
124.090
Confidentiality of records
124.095
Spiritual treatment not abuse
124.100
Definitions for ORS 124.100 to 124.140
124.105
Physical abuse subject to action
124.110
Financial abuse subject to action
124.115
Persons not subject to action
124.120
Relief available
124.125
Action by Attorney General, Department of Human Services, other agency or district attorney
124.130
Statute of limitation
124.135
Remedies not exclusive
124.140
Estoppel based on criminal conviction
124.990
Criminal penalty
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