Hillsboro Oregon Elder Abuse Prevention Act - EAPA Instructions for Obtaining a Restraining Order

State:
Oregon
City:
Hillsboro
Control #:
OR-8811R
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This is an Oregon court form for use in domestic litigation, an Elder Abuse Prevention Act (EAPA) Instructions for Obtaining a Restraining Order. Available in Word format.

The Hillsboro Oregon Elder Abuse Prevention Act, also known as APA, is a crucial piece of legislation designed to safeguard vulnerable older adults in the Hillsboro area from various forms of abuse. This act not only provides a framework to prevent elder abuse but also outlines the necessary steps for obtaining a restraining order in cases where abuse has occurred or is imminent. To ensure the safety and well-being of older adults, individuals seeking a restraining order under the Hillsboro Oregon Elder Abuse Prevention Act must follow specific instructions. These instructions are crucial in navigating the legal process and protecting older adults from further harm. It is essential to understand the different types of restraining orders available under the APA to choose the most appropriate one for each situation. 1. Emergency Restraining Order: — As a victim or concerned party, it is important to take immediate action when elder abuse poses an immediate threat. — An emergency restraining order can be obtained by contacting local law enforcement or the Hillsboro Elder Abuse Prevention Department. — Provide detailed evidence, facts, and specific incidents of elder abuse to support the request. — The emergency restraining order offers immediate protection and can be issued swiftly to ensure the elderly person's safety. 2. Temporary Restraining Order: — To obtain a temporary restraining order, individuals must visit the Hillsboro County Courthouse and file a petition with the Elder Abuse Prevention Department. — The petitioner needs to provide a detailed account of elder abuse incidents, present evidence, and demonstrate the need for immediate protection. — Upon review of the petition, a judge will determine whether to grant a temporary restraining order, which is typically valid for a specified duration, providing essential protection until a hearing can be held. 3. Permanent Restraining Order: — In cases where the abusive behavior is ongoing or prolonged, individuals can seek a permanent restraining order. — Fill out the necessary paperwork at the Hillsboro County Courthouse to request a permanent restraining order, including a detailed account of the abuse suffered by the older adult. — Attend a scheduled court hearing where evidence, witness testimonies, and the victim's statement are presented. — A judge will evaluate the evidence and determine whether a permanent restraining order should be granted, providing long-term protection for the elderly individual. By familiarizing oneself with the Hillsboro Oregon Elder Abuse Prevention Act and adhering to the specific instructions for obtaining a restraining order, individuals can play an active role in protecting older adults from abuse. Remember, seeking prompt legal assistance is crucial when elder abuse is suspected to ensure the safety and well-being of our elderly community members.

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FAQ

The categories of abuse and neglect that must be reported by mandated parties now include: physical, sexual, financial, isolation, abandonment, abduction, neglect, mental suffering, and self-neglect. 326.1.

The order is effective for one year. However, the abuser may request a hearing within 30 days after he or she was served with the order. If the abuser does not do that, then the restraining order will remain effective.

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

The law says elder or dependent adult abuse is: Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; OR.

Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.

A DVRO is a domestic violence restraining order. The courts issue DVROs to protect people against abuse or violence from a family member or significant other residing in the same household. That might include a current or former spouse, boyfriend or girlfriend, or the other parent of a child.

Family Abuse Prevention Act (FAPA) Restraining Orders. Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA)

WHERE DO I FILE FOR A RESTRAINING ORDER? File in the county where either you or the respondent lives. File at the Circuit Court courthouse. Go to to find court contact information.

A temporary restraining order is available in every county in Oregon. Once issued, it is effective throughout the state for one year unless the petitioner wants the order ended earlier or wants it renewed. Police are required to enforce a restraining order.

This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.) You must be in ongoing danger of abuse very soon (?imminent danger?). The respondent must be a threat to the physical safety of you or your children.

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Hillsboro Oregon Elder Abuse Prevention Act - EAPA Instructions for Obtaining a Restraining Order