Can I Get a Financial Abuse Restraining Order in Oregon?

Question from Dee, Can I Get a Financial Abuse Restraining Order in Oregon?

Answer from AI:

If you are dealing with a situation where someone is financially abusing a disabled person in Oregon, you may be able to obtain a restraining order. Financial abuse can include actions like using someone’s property or resources without permission, which seems to be the case here. Below, we will outline the general steps and considerations for obtaining a restraining order in Oregon.

Understanding Financial Abuse

Financial abuse involves the illegal or unauthorized use of someone else’s money or property. In Oregon, this can include:

• Using someone’s property without permission
• Threatening to take over someone’s property
• Refusing to leave someone’s property

In your case, the man parking his motorhome on the disabled person’s property, using electricity without paying, and making threats could be considered financial abuse.

Types of Restraining Orders in Oregon

Oregon offers several types of restraining orders that might be relevant:

1. Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Restraining Order: This is specifically designed to protect elderly and disabled individuals from abuse, including financial abuse.
2. Stalking Protective Order: If the behavior includes stalking or threats, this type of order might be applicable.
3. General Restraining Order: This can be used in various situations where someone needs protection from another person.

Steps to Obtain a Restraining Order

To obtain a restraining order under the EPPDAPA in Oregon, you generally need to follow these steps:

1. File a Petition: Go to the local courthouse and file a petition for a restraining order. You will need to provide details about the abuse and why you need protection.
2. Temporary Restraining Order: A judge may issue a temporary restraining order (TRO) if they believe immediate protection is necessary.
3. Hearing: A hearing will be scheduled, usually within 21 days, where both parties can present their case. The judge will then decide whether to issue a permanent restraining order.

Legal Considerations and Resources

It’s important to gather evidence to support your case, such as:

• Photographs of the motorhome on the property
• Utility bills showing increased electricity usage
• Witness statements from neighbors or other individuals
• Any written or recorded threats

For more detailed information, you can refer to the [Oregon Judicial Department’s website](https://www.courts.oregon.gov/programs/family/domestic-violence/Pages/restraining.aspx) which provides resources and forms for filing restraining orders.

When to Consult a Legal Professional

While this guide provides a general overview, it’s crucial to consult with a legal professional for personalized advice. An attorney can help you navigate the legal system, gather evidence, and represent you in court. Legal aid organizations in Oregon can also provide assistance if you cannot afford an attorney.

In summary, you may be able to obtain a restraining order to protect the disabled person from financial abuse. However, each case is unique, and professional legal advice is recommended to ensure the best possible outcome.