Oregon Restraining Orders
In Oregon, “restraining orders” are usually known by the abbreviation FAPA. That stands for Family Abuse Prevention act. This is because FAPA orders only apply to certain, legally-defined relationships. If you feel that you need a FAPA order, or if you have been served with one that you feel is unjust, you should speak to an attorney right away.
Who can get a FAPA in Oregon?
Oregon law states that only the following relationships qualify for a FAPA order:
- Spouses
- Former spouses
- Adult persons related by blood, marriage, or adoption
- Persons who have been involved in a sexually intimate relationship with each other within the previous two years
- Unmarried parents of a child
- Persons who are cohabiting or who have cohabited with each other.
Thus, a simpler way of defining the required relationship would be to say that the two people have to be related, or have been recently sexually intimate. The last entry suggests that FAPA’s could also cover roommates, but the legislative history suggests that it actually wasn’t meant to. It’s exceedingly rare to see non-intimate roommates or housemates pursue FAPA’s.
What does a FAPA do?
In Oregon, a FAPA order prohibits / forbids one person – the “respondent” – from contacting or communicating with the other person – the “petitioner.” It’s important to note that the no-contact order only flows one way. In other words, it is only the person served with the order who is restrained from contact.
A FAPA can have serious and substantial consequences. In addition to outlawing contact, a FAPA can temporarily change child custody and parenting time. If you are dealing with a FAPA that involves children – no matter what side of the issue you’re on – you should definitely speak to an experienced lawyer.
What is required to get a Restraining Order?
In brief, to get a FAPA restraining order, the petitioner (the person seeking the order) has to fill out a Petition. In the Petition, the petitioner has to lay out facts covering the following four requirements:
- That the petitioner and the respondent fall into a required relationship category;
- That the respondent abused the petitioner within the past 180 days;
- That the petitioner is in imminent danger of further abuse; and
- That the respondent poses a credible threat to the petitioner.
The respondent doesn’t get a say on these issues up front – it’s just the petitioner talking to a judge. If a judge grants a FAPA order, it must then be served on the respondent. At that point, the respondent can request a full hearing. At the hearing, the petitioner must prove each of those four points to a judge. The respondent can argue against the petitioner and offer evidence.
Once the respondent is served, that person has 30 days to request a hearing. Once that request is made, the hearing almost always happens within 21 days of that request. If child custody is involved, the hearing usually happens within five days of the request.
Contact an Oregon FAPA Attorney
Restraining order hearings can be complex, so no matter what side you’re on, if you have an upcoming restraining order hearing or have just been served with a restraining order, having a good lawyer on your side can make a big difference. Call the experienced family law attorneys at a quality law firm today to discuss any restraining order questions you have.
Speak with an Attorney Today
To speak with an experienced family law or divorce attorney today, please contact the Hillsboro, Oregon family, divorce, and child custody attorneys at a quality law firm by calling OSBAR Referral (503) 284-3763 to schedule a consultation.