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ELDERLY PERSONS AND PERSONS WITH DISABILITIES ABUSE PREVENTION ACT INSTRUCTIONS AND FORMS FOR OBTAINING A RESTRAINING ORDER PACKET E1 Office of the State Court Administrator Salem, Oregon Revised
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The person on whom the Order is sought should not take the action described in the Order. A Restraining Order is not a criminal, civil or administrative remedy; it seeks an involuntary and permanent protection against future harms to the protected party. A Restraining Order is a more civil tool to address the abuse of a disabled person than a criminal law to protect the defendant from being found guilty of criminal conduct. A Restraining Order is an order to prevent harm to the protected party and is in lieu of a court proceeding. It is necessary to obtain a Restraining Order to have any substantive legal rights or remedies, as a matter of law. In some cases you may also want to obtain a Restraining Order if you have experienced emotional abuse or a serious threat of harm to an Elderly Person or Person With Autism. If you are interested in obtaining a Restraining Order in Oregon, you should contact the Office of the State Court Administrator to make an appointment to complete the forms. Packet 1- Acknowledgment of Rights and Waivers To be signed by the person against whom a Restraining Order is requested, an Elderly Person (Age 18 or older) or Child (Age 13 or under) must be served with a copy of the above document on an individual residing in their home. A person may serve himself or herself or, if there is another adult residing at the same address, the other party. A person may be served on behalf of another person. The person against which the Restraining Order is obtained must be served on an individual located at a different address. The person requesting the Restraining Order must file the form and must have no reason to believe that the other party is not aware of the contents of this packet. Packet 2- Consent by the Elderly Person or Child to a Restraining Order An Elderly Person or Child must sign a Request of Consent to a Restraining Order form. The consent must be witnessed by the other party by signature or by the authorized agent. A third-party agent may witness the signature by signing the consent. You can use this form for both your and the other party. This form may be completed at your home, and you do not need to personally prepare it. It is sufficient to prepare the requested written documents provided the information in the forms is true to the best of your knowledge. The forms may be notarized in the presence of the designated notary or notary public and submitted to the Clerk of the Court for filing at the Register of Deeds Office.

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