Oregon Statutes 124.015 – Hearing upon request of respondent; relief; settlement; effect of proceedings
(1) The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS § 124.020 if the respondent, elderly person or person with a disability requests a hearing pursuant to ORS § 124.020 (9).
Terms Used In Oregon Statutes 124.015
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- person with a disability: means any person who:
(a) Has a physical or mental impairment which substantially limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment. See Oregon Statutes 174.107
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) In addition to the relief granted under ORS § 124.020, the court, in a hearing held pursuant to subsection (1) of this section, may:
(a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and
(b) Assess against any party reasonable attorney fees and such costs as may be incurred in the hearing.
(3)(a) If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation.
(b) If the elderly person or person with a disability is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation.
(4) The court may approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS § 124.010. An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS § 124.020.
(5) An order or agreement made under ORS § 124.005 to 124.040 or ORS § 133.310 and 133.381 may not in any manner affect title to any real property.
(6) No undertaking shall be required in any proceeding under ORS § 124.005 to 124.040.
(7) Any proceeding under ORS § 124.005 to 124.040 shall be in addition to and not in lieu of any other available civil or criminal remedies.
(8) Notwithstanding any right or remedy established in ORS Chapter 90 or ORS § 105.100 to 105.168, a petitioner or guardian petitioner may enforce an order issued under ORS § 124.005 to 124.040. [1995 c.666 5,5a; 2003 c.257 § 3a; 2005 c.671 § 9; 2007 c.70 § 26]