124.020 Ex
parte hearing; required findings; judicial relief; forms; request by respondent
for hearing. (1)
When a petitioner or guardian petitioner files a petition under ORS 124.010,
the circuit court shall hold an ex parte hearing in person or by telephone on
the day the petition is filed or on the following judicial day. Upon a showing
that the elderly person or person with a disability named in the petition has
been the victim of abuse committed by the respondent within 180 days preceding
the filing of the petition and that there is an immediate and present danger of
further abuse to the person, the court shall, if requested by the petitioner or
guardian petitioner, order, for a period of one year or until the order is
withdrawn or amended, whichever is sooner:
(a) That the
respondent be required to move from the residence of the elderly person or
person with a disability, if in the sole name of the person or if jointly owned
or rented by the person and the respondent, or if the parties are married to
each other;
(b) That a peace
officer accompany the party who is leaving or has left the parties’ residence
to remove essential personal effects of the party;
(c) That the
respondent be restrained from abusing, intimidating, molesting, interfering
with or menacing the elderly person or person with a disability, or attempting
to abuse, intimidate, molest, interfere with or menace the person;
(d) That the
respondent be restrained from entering, or attempting to enter, on any premises
when it appears to the court that such restraint is necessary to prevent the
respondent from abusing, intimidating, molesting, interfering with or menacing
the elderly person or person with a disability;
(e) That the
respondent be:
(A) Restrained,
effective on a date not less than 150 days from the date of the order, from
mailing the elderly person or person with a disability any sweepstakes
promotion;
(B) Required to
remove the elderly person or person with a disability from the respondent’s
sweepstakes promotion mailing list or place the person on a list of persons to
whom sweepstakes promotions may not be mailed; and
(C) Required to
promptly refund any payment received in any form from the elderly person or
person with a disability after the date the order is entered by the court; or
(f) Except as provided
in subsection (2) of this section, other relief that the court considers
necessary to provide for the safety and welfare of the elderly person or person
with a disability.
(2)(a) If the
court finds that the elderly person or person with a disability has been the
victim of abuse as defined in ORS 124.005 (1)(g), the court may order only
relief that the court considers necessary to prevent or remedy the wrongful
taking or appropriation of the money or property of the person, including but
not limited to:
(A) Directing the
respondent to refrain from exercising control over the money or property of the
person;
(B) Requiring the
respondent to return custody or control of the money or property of the person
to the person;
(C) Requiring the
respondent to follow the instructions of the guardian or conservator of the
person; or
(D) Prohibiting
the respondent from transferring the money or property of the elderly person or
person with a disability to any person other than the elderly person or person
with a disability.
(b) The court may
not use a restraining order issued under ORS 124.005 to 124.040:
(A) To allow any
person other than the elderly person or person with a disability to assume
responsibility for managing any of the money or property of the elderly person
or person with a disability; or
(B) For relief
that is more appropriately obtained in a protective proceeding filed under ORS
chapter 125 including, but not limited to, giving control and management of the
financial accounts or property of the elderly person or person with a
disability for any purpose other than the relief granted under paragraph (a) of
this subsection.
(3) The showing
required under subsection (1) of this section may be made by testimony of:
(a) The elderly
person or person with a disability;
(b) The guardian
or guardian ad litem of the elderly person or person with a disability;
(c) Witnesses to
the abuse; or
(d) Adult
protective services workers who have conducted an investigation.
(4) 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 disability with additional abuse.
(5) When a
guardian petitioner files a petition on behalf of an elderly person or a person
with a disability, the guardian petitioner shall provide information about the
person and not about the guardian petitioner where the petition, order or
related forms prescribed under subsection (6) of this section require
information about the petitioner.
(6) The State
Court Administrator shall prescribe the content and form of the petition, order
and related forms for use under ORS 124.005 to 124.040. The clerk of the court
shall make available the forms and an instruction brochure.
(7) If the court
orders relief:
(a) The clerk of
the court shall provide without charge the number of certified true copies of
the petition and order necessary to effect service and shall have a true copy
of the petition and order delivered to the county sheriff for service upon the
respondent, unless the court finds that further service is unnecessary because
the respondent appeared in person before the court.
(b) The county
sheriff shall serve the respondent personally unless the petitioner or guardian
petitioner elects to have the respondent served personally by a private party
or by a peace officer who is called to the scene of a domestic disturbance at
which the respondent is present, and who is able to obtain a copy of the order
within a reasonable amount of time. Proof of service shall be made in
accordance with ORS 124.030.
(c) A respondent
accused of committing abuse by means of a sweepstakes promotion may be served:
(A) Personally;
(B) By mailing
certified true copies of the petition and order by certified mail to the
address to which the elderly person or person with a disability would have sent
the payment for goods or services promoted in the sweepstakes promotion had the
elderly person or person with a disability been ordering the goods or services;
or
(C) In the manner
directed by the court.
(d) No filing
fee, service fee or hearing fee shall be charged for proceedings seeking only
the relief provided under ORS 124.005 to 124.040.
(8) If the county
sheriff:
(a) Determines
that the order and petition are incomplete, the order and petition shall be
returned to the clerk of the court. The clerk of the court shall notify the
petitioner or guardian petitioner, at the address provided by the petitioner or
guardian petitioner, of the error or omission.
(b) After
accepting the order and petition, cannot complete service within 10 days, the
sheriff shall notify the petitioner or guardian petitioner, at the address
provided by the petitioner or guardian petitioner, that the documents have not
been served. If the petitioner or guardian petitioner does not respond within
10 days, the county sheriff shall hold the order and petition for future
service and file a return to the clerk of the court showing that service was
not completed.
(9)(a) Within 30
days after a restraining order is served on the respondent under this section
or within 30 days after notice is served on the elderly person or person with a
disability under ORS 124.024, the respondent, elderly person or person with a disability
may request a court hearing upon any relief granted. The hearing request form
shall be available from the clerk of the court in the form prescribed by the
State Court Administrator.
(b) If the
respondent, elderly person or person with a disability requests a hearing under
paragraph (a) of this subsection, the clerk of the court shall notify the
petitioner or guardian petitioner of the date and time of such hearing, and
shall supply the petitioner or guardian petitioner with a copy of the request
for a hearing. The petitioner or guardian petitioner shall give to the clerk of
the court information sufficient to allow such notification.
(c) The hearing
is not limited to the issues raised in the request for hearing form and may
include testimony from witnesses to the abuse and adult protective services
workers. The hearing may be held in person or by telephone. If the respondent,
elderly person or person with a disability seeks to raise an issue at the
hearing not previously raised in the request for hearing form, the petitioner
or guardian petitioner is entitled to a reasonable continuance for the purpose
of preparing a response to the issue.
(d) The court
shall exercise its discretion in a manner that protects the elderly person or
person with a disability from traumatic confrontation with the respondent. [1995
c.666 §§6,6a; 1997 c.249 §40; 1997 c.863 §5; 1999 c.738 §3; 1999 c.875 §7; 2003
c.257 §4a; 2003 c.264 §3; 2005 c.22 §97; 2005 c.671 §3; 2007 c.70 §27; 2015
c.119 §5; 2015 c.121 §19]
Notes of Decisions
Cited in
16
cases (
4 in the last 5 years), 2011–2025 · leading case:
State v. Tryon, 255 P.3d 498 (Or. Ct. App. 2011).
State v. Tryon, 255 P.3d 498 (Or. Ct. App. 2011).
· cites it 5× “*56 Further, unlike in Melendez-Diaz, the statutes that required production of the return of service in this case, ORS 124.020(7)(b) and ORS 124.030(1), demonstrate that the statement contained in the return of service was made for the purpose of “administration of an entity’s…”
Decker v. Klapatch, 365 P.3d 1169 (Or. Ct. App. 2015).
· cites it 7× “” ORS 124.020(1). Upon a showing that the person with a disability has been the “victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse [,]” the court shall, if requested…”
Doyle v. Rohrbach, 306 P.3d 789 (Or. Ct. App. 2013).
· cites it 5× “After hearing testimony, the trial court ordered “that the Restraining Order is continued in its entirety and all provisions in the order remain in effect.” On a printed form, the court initialed the following statements, labeled “findings”: “A.”
Johnson v. Captain, 384 P.3d 532 (Or. Ct. App. 2016).
· cites it 3× “Petitioner sought, and received, a restraining order in an ex parte hearing, as provided for in ORS 124.020(1). Respondent requested a hearing to contest the restraining order, which was held over two days.”
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
· cites it 4× “An order issued under the EPPDAPA is effective for one year or until the order is withdrawn or amended, whichever is sooner, ORS 124.020(1), unless it is terminated, ORS 124.”
Bates v. Bankers Life & Cas. Co., 993 F. Supp. 2d 1318 (D. Or. 2014).
“(c)WTien a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020. Or.Rev.Stat. 124.110(1). “A claim is stated under [Section 124.”
State v. Arnold, 458 P.3d 725 (Or. Ct. App. 2020).
· cites it 6× “022(1) (“A sheriff may serve a restrain- ing order issued under ORS 124.020[.]”). When Leahy served defendant with the restraining order, he provided defendant with a copy of the restraining order, the restraining order petition, and a notice to defendant that she could request…”
D. R. S. v. Baker, 437 P.3d 1213 (Or. Ct. App. 2019).
· cites it 3× “Following an ex parte hearing on October 9, 2017, the trial court issued a temporary restraining order under ORS 124.020(1)(c). Respondent requested a hearing to contest the order.”
Bishop v. Waters, 380 P.3d 1114 (Or. Ct. App. 2016).
“e reasonable steps to make the money or property readily available to the vulnerable person when: “(A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable…”
DeHarpport v. Johnson, 348 P.3d 1192 (Or. Ct. App. 2015).
“As provided in ORS 124.020(1), defendant’s petition was granted ex parte, and a restraining order was served upon plaintiff.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“ORS 124.020(4) provides that “[i]mmediate and present danger under this section includes but is not limited to situations in which the respondent has recently threat- ened the person with a disability with additional abuse.”
Bates v. Bankers Life & Cas. Co. (Or. 2018).
“110(1)(a)—which is not the basis for plaintiffs’ claim—allows a financial abuse action 4 The third circumstance, set out in ORS 124.”
— Or. Rev. Stat. § 124.020(1) — 5 cases
Decker v. Klapatch, 365 P.3d 1169 (Or. Ct. App. 2015).
“” ORS 124.020(1). Upon a showing that the person with a disability has been the “victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse [,]” the court shall, if requested…”
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“An order issued under the EPPDAPA is effective for one year or until the order is withdrawn or amended, whichever is sooner, ORS 124.020(1), unless it is terminated, ORS 124.”
Doyle v. Rohrbach, 306 P.3d 789 (Or. Ct. App. 2013).
“After hearing testimony, the trial court ordered “that the Restraining Order is continued in its entirety and all provisions in the order remain in effect.” On a printed form, the court initialed the following statements, labeled “findings”: “A.”
Johnson v. Captain, 384 P.3d 532 (Or. Ct. App. 2016).
“Petitioner sought, and received, a restraining order in an ex parte hearing, as provided for in ORS 124.020(1). Respondent requested a hearing to contest the restraining order, which was held over two days.”
DeHarpport v. Johnson, 348 P.3d 1192 (Or. Ct. App. 2015).
“As provided in ORS 124.020(1), defendant’s petition was granted ex parte, and a restraining order was served upon plaintiff.”
— Or. Rev. Stat. § 124.020(1)(c) — 2 cases
D. R. S. v. Baker, 437 P.3d 1213 (Or. Ct. App. 2019).
“Following an ex parte hearing on October 9, 2017, the trial court issued a temporary restraining order under ORS 124.020(1)(c). Respondent requested a hearing to contest the order.”
— Or. Rev. Stat. § 124.020(3)(c) — 1 case
Decker v. Klapatch, 365 P.3d 1169 (Or. Ct. App. 2015).
“” ORS 124.020(1). Upon a showing that the person with a disability has been the “victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse [,]” the court shall, if requested…”
— Or. Rev. Stat. § 124.020(4) — 5 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“An order issued under the EPPDAPA is effective for one year or until the order is withdrawn or amended, whichever is sooner, ORS 124.020(1), unless it is terminated, ORS 124.”
Doyle v. Rohrbach, 306 P.3d 789 (Or. Ct. App. 2013).
“After hearing testimony, the trial court ordered “that the Restraining Order is continued in its entirety and all provisions in the order remain in effect.” On a printed form, the court initialed the following statements, labeled “findings”: “A.”
D. R. S. v. Baker, 437 P.3d 1213 (Or. Ct. App. 2019).
“Following an ex parte hearing on October 9, 2017, the trial court issued a temporary restraining order under ORS 124.020(1)(c). Respondent requested a hearing to contest the order.”
K. E. H. v. Radloff, 345 Or. App. 599 (Or. Ct. App. 2025).
“ORS 124.020(4) provides that “[i]mmediate and present danger under this section includes but is not limited to situations in which the respondent has recently threat- ened the person with a disability with additional abuse.”
— Or. Rev. Stat. § 124.020(7)(b) — 1 case
State v. Tryon, 255 P.3d 498 (Or. Ct. App. 2011).
“*56 Further, unlike in Melendez-Diaz, the statutes that required production of the return of service in this case, ORS 124.020(7)(b) and ORS 124.030(1), demonstrate that the statement contained in the return of service was made for the purpose of “administration of an entity’s…”
— Or. Rev. Stat. § 124.020(9) — 4 cases
Doyle v. Rohrbach, 306 P.3d 789 (Or. Ct. App. 2013).
“After hearing testimony, the trial court ordered “that the Restraining Order is continued in its entirety and all provisions in the order remain in effect.” On a printed form, the court initialed the following statements, labeled “findings”: “A.”
Decker v. Klapatch, 365 P.3d 1169 (Or. Ct. App. 2015).
“” ORS 124.020(1). Upon a showing that the person with a disability has been the “victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse [,]” the court shall, if requested…”
State v. Arnold, 458 P.3d 725 (Or. Ct. App. 2020).
“022(1) (“A sheriff may serve a restrain- ing order issued under ORS 124.020[.]”). When Leahy served defendant with the restraining order, he provided defendant with a copy of the restraining order, the restraining order petition, and a notice to defendant that she could request…”
D. R. S. v. Baker, 437 P.3d 1213 (Or. Ct. App. 2019).
“Following an ex parte hearing on October 9, 2017, the trial court issued a temporary restraining order under ORS 124.020(1)(c). Respondent requested a hearing to contest the order.”
— Or. Rev. Stat. § 124.020(9)(a) — 3 cases
A. K. F. v. Burdette, 484 P.3d 362 (Or. Ct. App. 2021).
“An order issued under the EPPDAPA is effective for one year or until the order is withdrawn or amended, whichever is sooner, ORS 124.020(1), unless it is terminated, ORS 124.”
Decker v. Klapatch, 365 P.3d 1169 (Or. Ct. App. 2015).
“” ORS 124.020(1). Upon a showing that the person with a disability has been the “victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse [,]” the court shall, if requested…”
State v. Arnold, 458 P.3d 725 (Or. Ct. App. 2020).
“022(1) (“A sheriff may serve a restrain- ing order issued under ORS 124.020[.]”). When Leahy served defendant with the restraining order, he provided defendant with a copy of the restraining order, the restraining order petition, and a notice to defendant that she could request…”
— Or. Rev. Stat. § 124.020(9)(d) — 1 case
Johnson v. Captain, 384 P.3d 532 (Or. Ct. App. 2016).
“Petitioner sought, and received, a restraining order in an ex parte hearing, as provided for in ORS 124.020(1). Respondent requested a hearing to contest the restraining order, which was held over two days.”
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