Elderly Persons and Persons with Disabilities Restraining Order

This restraining order is for people 65 and older and people with disabilities. It helps keep people safe from physical, sexual, verbal, or financial abuse.

The legal name for this restraining order is the Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order. But most people call it the "EPPDAPA Restraining Order" or "EPPDAPA."

• Call 911 in an emergency;
• Contact a local domestic violence organization; or
• Call the National Domestic Violence Hotline at 800-799-7233, visit thehotline.org, or text “Start” to 88788.

You can apply for an EPPDAPA restraining order if you can answer yes to all these statements:

1. You are either:
   • A person who is 65 or older; or
   • A person with a physical or mental disability that makes it harder for you to do daily activities (such as walking, eating, sleeping, driving, reading, communicating, etc.).
2. Someone abused you in the last 180 days (do not count the time the other person was in jail or more than 100 miles away). Abuse can include:
   • Hurting you, trying to hurt you, or threatening to hurt you;
   • Calling you unkind names, saying awful things to you, or yelling at you;
   • Neglecting or abandoning you, resulting in physical harm;
   • Sexually abusing you; or
   • Financially abusing you.
3. The person who abused you is not your court-appointed legal guardian.
4. The other person is likely to abuse you again soon.
5. You or the other person live in Oregon.

Warning: You can’t get an EPPDAPA just because someone yells or cusses at you. The verbal abuse or emotional abuse must be serious. It must threaten significant emotional or physical harm.

Go to the How to Get a Restraining Order in Oregon page for information on how to get an EPPDAPA.

If someone is not able to apply for an EPPDAPA restraining order on their own, a legal guardian or guardian ad litem can help them apply. A guardian ad litem is a temporary guardian who helps protect another person’s interests in a court case.

If you need to request to be someone’s guardian ad litem, you can find court forms on Oregon's state court website.

Yes, a child with disabilities can get an EPPDAPA. But, they will need a guardian or guardian ad litem to help them apply.

If you need to request to be a child's guardian ad litem, you can find court forms to make this request on Oregon's state court website.

Maybe. The law is a little unclear. If you want to get an EPPDAPA restraining order against a minor, you may want to talk to a lawyer before you apply. Visit our Referral Database to find legal help.

Yes. You can get an EPPDAPA to stop emotional, verbal, and financial abuse. You do not have to experience physical or sexual abuse to qualify.

You can ask the court to order that the other person:

• Not contact you;
• Stay away from your home, work, or other places you go to often;
• Move out of your shared home (see next question for more information);
• Get rid of their guns and ammunition and not get new ones;
• Stop controlling your money or possessions;
• Return money or property;
• Pay you money to correct financial abuse; or
• Other custom protections necessary to keep you safe.

Every EPPDAPA restraining order is different. You can ask the judge for the protections you think you need to keep yourself safe.

If the other person does not follow your EPPDAPA restraining order, you can call the police for help.

Yes, in some situations.

A judge can order the other person to move out of your home if you can answer yes to at least one of these questions:

• Are you married to the person who is hurting you?
• Is your name on the lease or rental agreement?
• Do you own the home you are living in?

The other person can challenge the order making them move out by asking for a contested hearing. At a contested hearing, a judge will decide who gets to stay in the home. For more information on contested hearings, visit the contested hearing page.

An EPPDAPA restraining order can make someone stay away from you, stop contacting you, and stay away from your home, work, or other places. Your order protects your children when they are with you or at your home.

But an EPPDAPA restraining order cannot make someone stay away from your kids at other times.

If you have children with the other person, you may want to consider the Family Abuse Restraining Order. While this order has different eligibility rules, it does have more options to help you keep your kids safe.

No. The rules on contact only apply to the other person.

But, if a judge decides at a contested hearing that the other person gets to stay in your home, you must obey this decision.

It’s usually not a good idea to contact the other person.

Maybe. If the other side files papers saying they disagree with your restraining order, the court will schedule a contested hearing. A contested hearing is a court date where the other side and you get to present evidence to a judge.

The other side has 30 days from when they get a copy of your order (this is called getting served) to request a hearing.

At a contested hearing, you and the other person will get to talk to a judge and show evidence about what happened. You will need to provide details about your abuse. Then, a judge will decide if you get to keep your EPPDAPA restraining order.

For more information on contested hearings, visit the contested hearings page.

Maybe. The law isn’t very clear about whether you can ask for changes to your EPPDAPA order. If you need to make changes, you may want to talk to a lawyer. Visit our Referral Database to find legal help.

In general, EPPDAPA restraining orders last for one year. There are two exceptions:

1. A judge can end an EPPDAPA restraining order after a contested hearing. For more information on contested hearings, visit the contested hearing page.
2. You can end your EPPDAPA restraining order early. You can also ask to end your restraining order early by turning in a form, called a Motion to Dismiss Restraining Order and Affidavit in Support, at your local circuit court.

You can ask the court to extend your restraining order for more than one year. This is called renewing your restraining order.

To renew your restraining order, you must turn in an application, called a Petition to Renew Restraining Order, at the courthouse. A judge can renew your restraining order for one more year if they believe you still need protection.

Warning box: If you want to extend your restraining order, you must turn in an application at the court before your restraining order ends. The other side can disagree by asking for another court hearing with a judge.

You can tell the court you disagree. You must do this by asking for a court hearing within 30 days of the day you are handed a copy of the restraining order. To ask for a hearing:

1. Complete a Request for Hearing form.This form should be in the restraining order papers that were handed to you. If you don’t have that form or lost it, you can also find that form at your local circuit court.
2. Turn in your Request for Hearing form. Take or mail your Request for Hearing form to the court address listed on your court papers.
3. Wait for a hearing date. Wait for the court to contact you with a hearing date. If the court does not call you within two to three days, call the court to make sure they got your form and to see if they set a hearing yet.

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