Restraining Orders
Generally, under the terms of Oregon's Family Abuse Prevention Act (FAPA), you can obtain a Physical Abuse Restraining Order against your spouse if you believe there is a genuine physical danger to you or to your children. This is something that should not be taken lightly and should be discussed with us in advance.
How to Apply for a Restraining Order
FAPA procedures are designed to be easily accessible to a party who is unrepresented by an attorney. Your local county courthouse provides free of charge instructions that explain the requirements, how to apply, and the relief that you are allowed under a FAPA restraining order.
Eligibility
The family and household members who are eligible for relief under FAPA include:
- Spouses;
- Former spouses;
- Adults related by blood, marriage, or adoption;
- Persons who are cohabiting now or who have cohabited;
- Persons who have been involved in a sexually intimate relationship with each other within the preceding two years; and
- Unmarried parents of a minor child.
Portland Restraining Order Lawyer
If you are requesting a FAPA restraining order, you must show that:
- You have been the victim of an incident of abuse within the preceding 180 days;
- You are in imminent danger of further abuse; and
- The party against whom the restraining order is sought presents a credible threat to your physical safety or the safety of your minor child.
Relief
If the court determines that you are entitled to a restraining order, possible relief includes:
- An award of temporary custody and parenting time;
- Ouster of the respondent from the family home (whether or not it is jointly owned);
- An order requiring the respondent be restrained from entering or attempting to enter a reasonable area surrounding the residence;
- An order requiring an officer to accompany the party who is leaving your home to assist in the removal of essential personal effects;
- An order restraining the respondent from intimidating, molesting, interfering with, or menacing you or your child;
- A no-contact provision; and
- Emergency monetary relief.
Relief ordered by the court lasts from one year from the date of issuance. FAPA orders may be renewed after the date of issue for an unlimited number of years so long as a petitioner is able to show to a court that the order is still warranted.
Contesting the Issuance of a FAPA order
Once a person who has had a restraining order filed against them (called the "Respondent") is served, they have 30 days in which to determine whether they wish to contest the matter and if so, file a request for hearing with the court. Respondents may contest the entire order or only portions of it such as an award of temporary custody of minor children and designated parenting time.
If a Respondent requests a hearing to contest the restraining order, the court typically holds a hearing within 21 days from the receipt of that request. In cases where temporary custody of minor children has been granted in the order, a hearing will be held within 5 days from the date of the request.
Respondents should be aware that prohibitions against the possession of firearms may occur if a request for hearing is filed with the court and the restraining order is upheld. Persons who are considering filing a request for hearing should consult with an attorney prior to filing the request if at all possible.
