P. et al v. Petersen

Filing 16

Temporary Restraining Order. Signed on 08/19/2013 by Judge Anna J. Brown. (bb)

Daniel E. Thenell, OSB #97 I 655
Email: [e-mail]
Robert Bletko, OSB #79 I 608
Email: [e-mail]
Thenell Law Group, P.C.
12909 SW 68 1h Parkway, Suite 320
Portland, OR 97223
Telephone: [phone]
Facsimile: 503-372-6496
Of Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JODY P., and E.P., by and through her
Guardian ad Litem Marla D.,
Plaintiffs,
vs.
ROBERT GARY PETERSEN,

)
) Case No. 3:13-cv-01321-PK
)
) [P.JtfWOSEt;)] ORDER GRANTING
) PLAINTIFFS' TEMPORARY
) RESTRAINING ORDER
)
)
)
)

Defendant.
______________________)

This matter came before the Court on August 15,2013, on Plaintiffs' motion for a
Temporary Restraining Order. Plaintiffs appeared through their attorney, Daniel E. Thenell,
Defendant appeared telephonically without counsel, and Linda Lee Petersen appeared
through her attorneys Arthur Knauss and Bradley Lechman-Su. The Comi having reviewed
the records on file herein, and heard oral arguments from all parties, and now being fully
advised, finds that:

Ill
Page I -

(~]

ORDER GRANTING PLAINTIFFS' TEMPORARY RESTRAINING ORDER
2013-111

THENELL LAW GROUP, P.C.
12909 SW 681h Parkway, Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]

1.

This Court has jurisdiction over this matter based on 28 USC 1332;

2.

Defendant Robert Gary Petersen is currently incarcerated with the Oregon

Department of Corrections at the Two Rivers Correctional Institution in Umatilla County,
Oregon, having been sentenced to seven years for Sexual Abuse I and Invasion of
Privacy, and that Plaintiffs, therefore, are likely to prevail on the merits of this action;
3.

There is good cause to believe that immediate and irreparable damage to the

Co uti's ability to grant effective final relief in the form of monetary restitution will occur
from the sale, transfer, or other disposition or concealment by Defendant of his assets,
unless Defendant is immediately restrained and enjoined by Order of this Court; and
4.

That the security bond is waived due to no likelihood of harm to Defendant,

and Plaintiffs' likelihood of success on the merits.
DEFINITIONS

For the purpose of this Temporary Restraining Order ("Order"), the following
definitions shall apply:

1.

"Defendant" means Robert Gary Petersen.

2.

"Attorney in Fact" means Dr. James G. Petersen.

3.

"Assets" means any legal or equitable interest in, right to, or claim to, any real

and personal property, including but not limited to, "goods," "instruments," "equipment,"
"fixtures," "general intangibles," "inventory," "checks," "notes" (as defined in the
Uniform Commercial Code), and all chattel, leaseholds, contracts, mail or other
deliveries, shares of stock, lists of consumer names, accounts, credits, premises,
receivables, funds, and cash, wherever located.

Ill
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Page 2- [~]ORDER GRANTING PLAINTIFFS' TEMPORARY RESTRAINING ORDER
2013-111

THENELL LAW GROUP, P.C.
12909 SW 681h Parkway, Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]

ORDER
IT IS HEREBY ORDERED that Defendant and Attorney in Fact shall

hereby comply with the te1ms and conditions of the temporary restraining order granted
by the Clackamas County Circuit Court, dated May 22, 2013, Case No. DRI3050728,
attached herein as Exhibit A.
IT IS FURTHER ORDERED that Defendant and Attorney in Fact are
hereby temporarily restrained and enjoined for ten (1 0) days following the expiration,
stay, vacate, and/or termination of the Clackamas County Circuit Court order from:
I.

Transferring, converting, encumbering, selling, concealing, dissipating,

disbursing, assigning, spending, withdrawing, perfecting a security interest in, or
otherwise disposing of any funds, real or personal property, accounts, contracts, shares of
stock, or other assets that are:
a.

owned or controlled by, or held for the benefit of- directly or

indirectly- Defendant;
b.
c.
2.

owned or controlled by the Attorney in Fact; and
held by an agent with notice of Defendant.

This Order does not apply to prevent Defendant of expenses necessary to

provide for his safety or welfare.
IT IS FURTHER HEREBY ORDERED that Plaintiffs shall serve and provide

notice of this Order to Defendant and Attorney in Fact.

Ill
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Page 3- [~]ORDER GRANTING PLAINTIFFS' TEMPORARY RESTRAINING ORDER
2013-111

TIIENELL LAW GROUP, P.C.
111

12909 SW 68 Parkway, Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]

IT IS SO ORDERED

DATEDthis~ayof ~013.

UN~

JUDGE

Respectfully Submitted by:
By:
Is/ Daniel E. Thenell
Daniel E. Thenell, OSB #971655
Email: [e-mail]
Robert Bletko, OSB #791608
Email: [e-mail]
Thenell Law Group, P.C.
12909 SW 68 1h Parkway, Suite 320
Portland, OR 97223
Telephone: [phone]
Facsimile: 503-372-6496
Of Attorneys for Plaintiffs
Agreed to form by:
By:

Is/ Arthur B. Knauss
Arthur B. Knauss

By:

Is/ Bradley C. Lechman-Su
Bradley C. Lechman-Su

Page 4- [;!'IIDPesEI'l) ORDER GRANTING PLAINTIFFS' TEMPORARY RESTRAINING ORDER
2013-111

THENELL LAW GROUP, P.C.
12909 SW 68t., Parkway, Suite 320
Portland, Oregon 97223
Telephone: {503) 372-6450
Facsimile: [phone]

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

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FOR THE COUNTY OF CLACKAMAS

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In The Matter Of The Marriage Of

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LINDA LEE PETERSEN,
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Petitioner,

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and

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ROBERT GARY PETERSEN,

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Respondent.

NO.

DR13050728

EX PARTE TEMPORARY
RESTRAINING ORDERS

This matter came before the Court on Petitioner's Motion for certain

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ex parte orders, and the Court having reviewed the records on file herein and

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finding good cause therefore, and being fully advised in the premises; now,

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therefore,
The Court makes the following findings:

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Petitioner shall hereafter be referred to as "Wife." Respondent shall

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hereafter be referred to as "Husband."

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2.

The parties have two children, who are emancipated.

3.

Entry of an Ex Parte Order is authorized by ORS 107.096.

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1.

EX PARTE TEMPORARY RESTRAINING ORDERS
A~ruUR

a. KNA!ISS

A(liJroey Ut Llilv
2,0-1 Wuner Milne Rulld

Or~on

Olflve:

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City, Orq,IJil- -97045

659-$337 fax: [phone]
EMail: ~~!'_aJt'!.!!ttf@.1!1

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IT IS HEREBY ORDllJRED that pending further order of the CoUJ.i;:
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1.

Restraining Insurances: Husband and wife should be restrained

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from canceling, modifYing, terminating or allowing to lapse for non·payment of
premiums any policy of health insurance, homeowner or renter insurance, or

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insurance that one party maintains to provide coverage for the other

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party, or any life insurance policy that names either of the parties, or any life

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insurance policy, ORS 107.093(2)(b).

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2.

Changing Insurance Beneficiari.111!: Husband and wife should be

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restrained from changing.bencficiaries or covered parties under any policy of

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health insurance, homeowners or renter insurance, or automobile insurance that

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one party maintains to provide coverage for the other party,or any life insurance

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policy. ORS 107.09S(2)(b)

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3.

Restraining Assets: Husband and wife should be restrained from

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transferring, encumbering, concealing, o:r disposing of property in which the
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othe.r party haa an interest, in any manner, without written consent of the other

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party or un order of the Court, except in the usual course of business or for

zo necessities of life. ORS 107.093(2)(c). Thie paragraph does not apply to prevent
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by either party ot.
a,

b.

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Real estate and income taxes;

c.

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Attorney fees in this action;

Mental health therapy expense~ for either party; or

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Page

2.

EX PARTE TEMPORARY RESTRAINING ORDERS
ARJIIUR. B.l<tJAUSS
Attornt~Y ut LU~

294 Waner Milne floucl

9704-Q
Oregon Clty. Oregoli _
Fax: (503)65fl.OS67

onrco: [phone]

F.maih ~rf@a&knauli~J!Y!.~~

Exhibit A
Page 2 of 4

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d.

Expenses necessary to provide for the safety and welfare of a

party.

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Extraordinary Exnenditures: Husband and wife should be

4.

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restrained from making extraordinary expenditures without providing written

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notice an,d an accounting of the extraordinary expenditures to the other.

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ORS 107.093(2)(d),

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(5.

Asset Restraint: Husband and wife should be restrained from

encumbering or disposing of any real or personal property of either or both of the
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parties, except as the Court may order. ORS 107.095(l)(e).
6.

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Restraining Joint_ Credit: Husband and wife should be prohibited

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from charging upon the credit of the other without specific permission to do so,

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All outstanding credit cards which are in the names of both parties should be

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immediately returned to the issuing creditor with instructions to close the

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account. Neither party should be required to take any action regarding a credit
card f(lr which only that party is responsible.

7.

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Retirement Plane: Husband and wife should be· restrained from

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changing any bene.liciary designation any of the parties' pension, profit sharing,

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PERS or other retirement plans, UlSs, or any other retirement·type assets

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without first obtaining court approval or the written consent of the other party.

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8.

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Distribution From Retir!)ment-'J.):pe Assets: Husbaud and wife

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Poge

3.

EX PARTE TEMPORARY RESTRAINING ORDERS
AHTI(ULl B. K.~JlOSS

A!(oilley at law
¥.!91 Warnflr \1{£[\~ R~

Ortgo_tt cuy;=or~n _9_7045
Offl••• (~03) 669-~33? fOJa (603) 6&1l<1367

EJ:ttatfr p.r!~!Wkmmt>$1ttfy.t.om

Exhibit A

Page3 of4

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should be restrained from making any distribution from any of the parties'

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retirement·type asset without first obtaining court approval or the written

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consent of the other party,
DATED this Z.Z. day of __j/&i.;;~.

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· ,2013.
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CIRCUIT COURT JUDGE
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YOUR FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER
MAY SUBJECT YOU TO THE STATUTORY PENALTIES DESCRIBED
IN ORS 83.105 AS WELL AS SUCH OTHER PENALTIES AS THE
COURT MAY IMPOSE.

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.StJBMITTED J}¥!• ARTHUR B. KNAUSS OSB#731700

Attorney for Petitioner

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4. EX PARTE TEMPORARY RESTRAlNlNG ORDERS
ARJilUR D. KNAUSS
Attorney a( LaW
29-f Wul"n~r-Mifttc RMrl
OraiZ1,1q City, O~uh 97045'

OHioe< (503) 659:5337 ""-"

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050.0867

Email; ~knausWffico_m

Exhibit A
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