D. R. S. v. Baker

“An elderly person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief, if the person is in immediate and present danger of further abuse from the abuse.” ORS 124.010.

Respondent appealed an order continuing a restraining order issued against her under the Elderly Persons and Persons with Disabilities Abuse Prevention Act. On appeal, Respondent argued that she did not pose an “immediate and present danger of further abuse” to Petitioner. In response, Petitioner alleged that within the previous 180 days, Respondent had broken into Petitioner’s home and disrupted some of her personal belongings, constituting “abuse” under ORS 124.005(1). “An elderly person who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief, if the person is in immediate and present danger of further abuse from the abuse.” ORS 124.010. The Court found that the record lacked evidence to support a finding that Respondent made recent threats of additional abuse before the trial court’s order and did not present an “immediate and present danger of further abuse” to Petitioner. Reversed.