How to Get an Order to Protect Elderly Persons or Persons with Disabilities from Abuse
Authored By: Legal Aid Services of Oregon
Information on how to get an Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Restraining Order in Oregon
1. Age or Disability
To be eligible for an EPPDAPA, you must be either:
- 65 years or older;
- A person with a disability. Disability is defined as having either:
- A physical or mental impairment that sub-stantially limits one or more major life ac-tivities, or
- A brain injury caused by extrinsic forces that results in loss of function for a suffi-cient time so as to affect your ability to perform activities of daily living;
- The guardian or guardian ad litem of an elderly person or person with a disability.
In the last 180 days,* the person who abused you must have:
- Caused you physical injury or inflicted pain;
- Neglected you, resulting in physical harm;
- Abandoned, neglected, or deserted you (if that person was your caregiver and had a duty to care for you);
- Threatened you, called you offensive or derog-atory names, cursed at you, made inappropri-ate sexual comments toward you, or otherwise verbally abused you, in such a way as to threat-en physical or emotional harm;
- Forced you to engage in nonconsensual sexual contact; or
- Wrongfully took money or property from you.
* Any time period when the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180 day period.
3. Continued Threat of Abuse
You also must be in immediate and present danger of further abuse.
Please see the PDF for more information