124.010
Petition for relief; time limitation; information to be provided petitioner;
exception. (1)(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 to 124.040, 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 to 124.040.
(2) The
petitioner or guardian petitioner has the burden of proving a claim under ORS
124.005 to 124.040 by a preponderance of the evidence.
(3) The right to
petition for relief under ORS 124.005 to 124.040 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 to 124.040 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 to 124.040, 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, 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
to 124.040 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]
Notes of Decisions
Cited in
13
cases (
8 in the last 5 years), 2013–2026 · leading case:
Doyle v. Rohrbach
Doyle v. Rohrbach (2013)
orctapp · cites it 3×
“The abuse of the Petitioner by the Respondent occurred within the last 180 days as provided in ORS 124.010; “D. The Petitioner is in immediate danger of further abuse.”
Decker v. Klapatch (2015)
orctapp · cites it 2×
“ORS 124.010(2). The trial court is required to hold an ex parte hearing on the petition “on the day the petition is filed or on the following judicial day.”
DeHarpport v. Johnson (2015)
orctapp · cites it 3×
“” See ORS 124.010 (l)(a). Indeed, plaintiff left defendant’s home May 11 and had no contact with him whatsoever in the 42 days before defendant’s petition, when he swore to a fear of imminent and present danger of further abuse.”
A. K. F. v. Burdette (2021)
orctapp
“” ORS 124.010(1)(a). “Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the elderly person or person with a dis- ability with additional abuse.”
D. R. S. v. Baker (2019)
orctapp · cites it 3×
“The trial court found that respondent's conduct in entering petitioner's home and disturbing her personal property constituted "abuse" under ORS 124.”
State v. Arnold (2020)
orctapp · cites it 2×
“See ORS 124.010(1)(b) (an elderly person subject to abuse within the preceding 180 days may petition for relief if the abuser presents an immediate and present danger of fur- ther abuse).”
E. H. v. Byrne (2021)
orctapp
“710(1) (2013)) or an immediate and present danger of further abuse (ORS 124.010 (2013)). Audio Recording, House Committee on Judiciary, HB 2779, Mar 12, 2013, at 00:34:24 (statement of Gail Meyer), https://olis.”
K. E. H. v. Radloff (2025)
orctapp · cites it 2×
“010(1)(a) provides: “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 pre- ceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who…”
State v. Santana (2026)
orctapp
“After defendant moved out of the victim’s residence, the victim petitioned for a restraining order pursuant to ORS 124.010. The court granted the petition and issued a restraining order.”
I. R. S. v. Hanington (2022)
orctapp · cites it 4×
“The narrow range of communicative conduct that constitutes abuse under EPPDAPA will only rarely include privileged speech when compared to permissible applications of the statute, so we need not consider whether a Rangel-like narrowing construction could save it from overbreadth.”
K. E. H. v. Radloff (2025)
orctapp · cites it 2×
“010(1)(a) provides: “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 pre- ceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who…”
R. R. T. v. Reed (2025)
orctapp · cites it 2×
“Petitioner appeals from an order denying his petition for a restraining order, which he sought under the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA). ORS 124.005 - 124.”
— Or. Rev. Stat. § 124.010(1) — 1 case
R. R. T. v. Reed (2025)
orctapp
“Petitioner appeals from an order denying his petition for a restraining order, which he sought under the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA). ORS 124.005 - 124.”
— Or. Rev. Stat. § 124.010(1)(a) — 5 cases
Doyle v. Rohrbach (2013)
orctapp
“The abuse of the Petitioner by the Respondent occurred within the last 180 days as provided in ORS 124.010; “D. The Petitioner is in immediate danger of further abuse.”
A. K. F. v. Burdette (2021)
orctapp
“” ORS 124.010(1)(a). “Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the elderly person or person with a dis- ability with additional abuse.”
K. E. H. v. Radloff (2025)
orctapp
“010(1)(a) provides: “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 pre- ceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who…”
I. R. S. v. Hanington (2022)
orctapp
“The narrow range of communicative conduct that constitutes abuse under EPPDAPA will only rarely include privileged speech when compared to permissible applications of the statute, so we need not consider whether a Rangel-like narrowing construction could save it from overbreadth.”
K. E. H. v. Radloff (2025)
orctapp
“010(1)(a) provides: “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 pre- ceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who…”
— Or. Rev. Stat. § 124.010(1)(b) — 2 cases
D. R. S. v. Baker (2019)
orctapp
“The trial court found that respondent's conduct in entering petitioner's home and disturbing her personal property constituted "abuse" under ORS 124.”
State v. Arnold (2020)
orctapp
“See ORS 124.010(1)(b) (an elderly person subject to abuse within the preceding 180 days may petition for relief if the abuser presents an immediate and present danger of fur- ther abuse).”
— Or. Rev. Stat. § 124.010(1)(d) — 1 case
State v. Arnold (2020)
orctapp
“See ORS 124.010(1)(b) (an elderly person subject to abuse within the preceding 180 days may petition for relief if the abuser presents an immediate and present danger of fur- ther abuse).”
— Or. Rev. Stat. § 124.010(2) — 5 cases
Decker v. Klapatch (2015)
orctapp
“ORS 124.010(2). The trial court is required to hold an ex parte hearing on the petition “on the day the petition is filed or on the following judicial day.”
D. R. S. v. Baker (2019)
orctapp
“The trial court found that respondent's conduct in entering petitioner's home and disturbing her personal property constituted "abuse" under ORS 124.”
K. E. H. v. Radloff (2025)
orctapp
“010(1)(a) provides: “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 pre- ceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who…”
K. E. H. v. Radloff (2025)
orctapp
“010(1)(a) provides: “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 pre- ceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who…”
I. R. S. v. Hanington (2022)
orctapp
“The narrow range of communicative conduct that constitutes abuse under EPPDAPA will only rarely include privileged speech when compared to permissible applications of the statute, so we need not consider whether a Rangel-like narrowing construction could save it from overbreadth.”
— Or. Rev. Stat. § 124.010(l)(a) — 2 cases
Decker v. Klapatch (2015)
orctapp
“ORS 124.010(2). The trial court is required to hold an ex parte hearing on the petition “on the day the petition is filed or on the following judicial day.”
DeHarpport v. Johnson (2015)
orctapp
“” See ORS 124.010 (l)(a). Indeed, plaintiff left defendant’s home May 11 and had no contact with him whatsoever in the 42 days before defendant’s petition, when he swore to a fear of imminent and present danger of further abuse.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.