Restraining Orders to Protect Elderly Persons and Persons with Disabilities – Part 2

February 21, 2020

What is an EPPDAPA Restraining Order?
 

How Do I request an EPPDAPA Restraining Order?

The Office of the State Court Administrator has prepared instructions and forms for persons seeking a restraining order under EPPDAPA. The forms can be accessed here: EPPDAPA Form.

The filing of a Petition begins the process for requesting a Restraining Order. The Petition must be filed in either the county where you live (or for Guardian Petitioners, the county where the elderly/disabled person lives) or the county where the Respondent lives. Typically, a Petition is filed by presenting the Petition to the court clerk in person.

After the Petition is filed a hearing will be scheduled. Typically, the hearing is scheduled the same day the Petition is filed. If the judge decides that you are eligible for a Restraining Order the judge will issue a Restraining Order. The Restraining Order is in effect for one year.


What Happens after the Restraining Order is Granted?


A copy of the Restraining Order must be delivered to the Respondent in person. The sheriff or another qualified person may deliver the papers to the Respondent. The Respondent may contest the Restraining Order within 30 days of receiving a copy of the Restraining Order. The Respondent must ask the court for a hearing to contest the Restraining Order and a hearing will be held within 21 days of the request.

At the hearing, the judge will decide whether to change, cancel or uphold the Restraining Order.

At Fitzwater Law, our clients' safety is our highest priority. We understand that this process is difficult and we want you to know you are not alone.  Fitzwater Law is here to assist you with the EPPDAPA restraining order process from start to finish. For any questions, please contact Attorney Daniela Holgate or call us at 503.786.8191.

Follow this link for additional information on Elder Financial Abuse Litigation.


 

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