124.005
Definitions for ORS 124.005 to 124.040. As used in ORS 124.005 to 124.040:
(1) “Abuse” means
one or more of the following:
(a) Any physical
injury caused by other than accidental means, or that appears to be at variance
with the explanation given of the injury.
(b) Neglect that
leads to physical harm through withholding of services necessary to maintain
health and well-being.
(c) Abandonment,
including desertion or willful forsaking of an elderly person or a person with
a disability or the withdrawal or neglect of duties and obligations owed an
elderly person or a person with a disability by a caregiver or other person.
(d) Willful
infliction of physical pain or injury.
(e) Use of
derogatory or inappropriate names, phrases or profanity, ridicule, harassment,
coercion, threats, cursing, intimidation or inappropriate sexual comments or
conduct of such a nature as to threaten significant physical or emotional harm
to the elderly person or person with a disability.
(f) Causing any
sweepstakes promotion to be mailed to an elderly person or a person with a
disability who had received sweepstakes promotional material in the United
States mail, spent more than $500 in the preceding year on any sweepstakes
promotions, or any combination of sweepstakes promotions from the same service,
regardless of the identities of the originators of the sweepstakes promotion
and who represented to the court that the person felt the need for the court’s
assistance to prevent the person from incurring further expense.
(g) Wrongfully
taking or appropriating money or property, or knowingly subjecting an elderly
person or person with a disability to alarm by conveying a threat to wrongfully
take or appropriate money or property, which threat reasonably would be
expected to cause the elderly person or person with a disability to believe
that the threat will be carried out.
(h) Sexual
contact with a nonconsenting elderly person or person with a disability or with
an elderly person or person with a disability considered incapable of
consenting to a sexual act as described in ORS 163.315. As used in this
paragraph, “sexual contact” has the meaning given that term in ORS 163.305.
(2) “Declaration
under penalty of perjury” means a declaration under penalty of perjury in the
form required by ORCP 1 E.
(3) “Elderly
person” means any person 65 years of age or older.
(4) “Guardian
petitioner” means a guardian or guardian ad litem for an elderly person or a
person with a disability who files a petition under ORS 124.005 to 124.040 on
behalf of the elderly person or person with a disability.
(5) “Interfere”
means to interpose in a way that hinders or impedes.
(6) “Intimidate”
means to compel or deter conduct by a threat.
(7) “Menace”
means to act in a threatening manner.
(8) “Molest”
means to annoy, disturb or persecute with hostile intent or injurious effect.
(9) “Person with
a disability” means a person described in:
(a) ORS 410.040
(7); or
(b) ORS 410.715.
(10) “Petitioner”
means an elderly person or a person with a disability who files a petition
under ORS 124.005 to 124.040.
(11) “Sweepstakes”
means:
(a) A procedure
for awarding a prize that is based on chance;
(b) A procedure
in which a person is required to purchase anything, pay anything of value or
make a donation as a condition of winning a prize or of receiving or obtaining
information about a prize; or
(c) A procedure
that is advertised in a way that creates a reasonable impression that a payment
of anything of value, purchase of anything or making a donation is a condition
of winning a prize or receiving or obtaining information about a prize.
(12) “Sweepstakes
promotion” means an offer to participate in a sweepstakes. [1995 c.666 §§3,3a;
1999 c.738 §1; 1999 c.875 §6; 2003 c.257 §1a; 2003 c.264 §1; 2005 c.671 §1;
2007 c.70 §24; 2011 c.36 §2; 2015 c.121 §17; 2019 c.93 §1]
Notes of Decisions
Cited in
17
cases (
7 in the last 5 years), 1996–2025 · leading case:
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
· cites it 10× “Respondent argues, among other things, that the record was insufficient to establish that petitioner qualified as a “person with a disability” under the EPPDAPA definition found in ORS 124.005(9). Specifically, respondent argues that there was insufficient evidence to find that,…”
Doyle v. Rohrbach, 306 P.3d 789 (Or. Ct. App. 2013).
· cites it 3× “PER CURIAM Respondent 1 appeals the trial court’s continuance of the restraining order issued against her under the Elderly Persons and Persons with Disabilities Abuse Prevention Act (the Act), ORS 124.005 to 124.040. Respondent argues, inter alia, that the trial court erred in…”
DeHarpport v. Johnson, 348 P.3d 1192 (Or. Ct. App. 2015).
· cites it 5× “Two days later, on June 22, defendant petitioned for a restraining order against plaintiff, invoking ORS 124.005 to 124.040, the Elderly Persons and Persons with Disabilities Abuse Prevention Act (Abuse Prevention Act or Act).”
State v. Tryon, 255 P.3d 498 (Or. Ct. App. 2011).
“065; ORS 124.005 -124.040. She asserts that the trial court erred by admitting into evidence the return of service of the restraining order, in violation of her right of confrontation under the Oregon and federal constitutions.”
Johnson v. Captain, 384 P.3d 532 (Or. Ct. App. 2016).
“Petitioner sought and received a temporary restraining order in the trial court against respondent pursuant to the Elderly Persons and Persons With Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040. Respondent appeals from the entry of that order.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
· cites it 9× “Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to ORS 124.040,1 as well as the continuance of that order following a contested hearing.”
Decker v. Klapatch, 365 P.3d 1169 (Or. Ct. App. 2015).
“Petitioner appeals an order dismissing a restraining order that he had obtained under the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040, against respondent.”
State v. Arnold, 458 P.3d 725 (Or. Ct. App. 2020).
· cites it 3× “Defendant argues that the trial court erred in denying her motion for judgment of acquittal and finding that she “willfully” violated the restraining order, as is required for a finding of contempt under ORS 33.”
D. R. S. v. Baker, 437 P.3d 1213 (Or. Ct. App. 2019).
· cites it 2× “*97 Respondent appeals an order continuing for one year a restraining order issued against her under the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040. Because it is dispositive, we address only the second of respondent's…”
State v. Aguilera, 526 P.3d 1206 (Or. Ct. App. 2023).
“705, or by a person upon an elderly person or a person with a dis- ability as defined in ORS 124.005 and the crime was: “(A) Assault in the fourth degree under ORS 163.”
I. R. S. v. Hanington, 512 P.3d 817 (Or. Ct. App. 2022).
· cites it 18× “Respondent appeals a restraining order that prohibited him from “abusing, intimidating, molesting, interfering with, or menacing” petitioner, asserting that the offending conduct was speech that failed to meet the height- ened standard of proof required to avoid an overbreadth…”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
· cites it 9× “Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040,1 as well as the continuance of that order following a contested hearing.”
— Or. Rev. Stat. § 124.005(1) — 5 cases
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to ORS 124.040,1 as well as the continuance of that order following a contested hearing.”
D. R. S. v. Baker, 437 P.3d 1213 (Or. Ct. App. 2019).
“*97 Respondent appeals an order continuing for one year a restraining order issued against her under the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040. Because it is dispositive, we address only the second of respondent's…”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040,1 as well as the continuance of that order following a contested hearing.”
— Or. Rev. Stat. § 124.005(1)(d) — 2 cases
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to ORS 124.040,1 as well as the continuance of that order following a contested hearing.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040,1 as well as the continuance of that order following a contested hearing.”
— Or. Rev. Stat. § 124.005(1)(e) — 3 cases
I. R. S. v. Hanington, 512 P.3d 817 (Or. Ct. App. 2022).
“Respondent appeals a restraining order that prohibited him from “abusing, intimidating, molesting, interfering with, or menacing” petitioner, asserting that the offending conduct was speech that failed to meet the height- ened standard of proof required to avoid an overbreadth…”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to ORS 124.040,1 as well as the continuance of that order following a contested hearing.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040,1 as well as the continuance of that order following a contested hearing.”
— Or. Rev. Stat. § 124.005(9) — 3 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“Respondent argues, among other things, that the record was insufficient to establish that petitioner qualified as a “person with a disability” under the EPPDAPA definition found in ORS 124.005(9). Specifically, respondent argues that there was insufficient evidence to find that,…”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to ORS 124.040,1 as well as the continuance of that order following a contested hearing.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“Respondent appeals from an order granting an ex parte restraining order pursuant to the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), ORS 124.005 to 124.040,1 as well as the continuance of that order following a contested hearing.”
— Or. Rev. Stat. § 124.005(l)(d) — 1 case
DeHarpport v. Johnson, 348 P.3d 1192 (Or. Ct. App. 2015).
“Two days later, on June 22, defendant petitioned for a restraining order against plaintiff, invoking ORS 124.005 to 124.040, the Elderly Persons and Persons with Disabilities Abuse Prevention Act (Abuse Prevention Act or Act).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.