PORTLAND DOMESTIC VIOLENCE LAWYER

Family Abuse Protection Act

The Family Abuse Protection Act (FAPA) was enacted to protect family members who have been subject to abuse within the relationship or are suffering from.

How to Get a Family Abuse Protection Act Restraining Order

To receive a FAPA restraining order, a person, also known as the petitioner, must file a petition with the court that states they are a victim of abuse, the abuse occurred within the last 180 days, the person is in imminent danger of abuse from the abuser, and that they are a family or household member of the abuser. ORS 107.710. The Oregon Statutes regulating FAPA’s, ORS 107.700 – 107.735, define family or household member as:

• Spouses
• Former spouses
• Adult persons related by blood, marriage or adoption,
• Persons who are cohabitating or who have cohabited with each other
• Individuals who have been involved in a sexually intimate relationship with each other within the two year period immediately preceding the filing of the FAPA petition, and
• Unmarried parents of a child.

While the courts define abuse broadly, the petition needs to include enough information about the abuse so that the court can make a determination of whether it can, or should, award the FAPA Order. While the initial filing of the petitioner occurs without the presence of the alleged abuser, the petitioner must list facts that allow the court to make the determination. Additionally, if the matter is contested, the Petitioner, because it requested the restraining order, has the burden of proof and must prove the claim by a preponderance of the evidence. This basically means that it is more likely than not, that the claimed abuse occurred.

Once a party has a court signed restraining order, the order is not effective against the respondent until the respondent is properly served with a copy of the order. In most circumstances, the county sheriff’s office will facilitate service of the order at no charge. ORS 107.723.  Additionally, the petition must be filed with the court in the county in which the petitioner or respondent reside.  ORS 107.728.

Family Abuse Protection Act  – When Children are Involved

When there has been domestic violence in the relationship, the Family Abuse Protection Act also allows the abused party to request custody of any child to the relationship. If the court grants the petition and allows the FAPA Order, the court can include a number of additional items in the Order that prohibits the alleged abuser, the respondent, from contacting the victim of abuse. These additional items include award of custody to one party, an order establishing a parenting plan with provisions to protect the abused party and the children of the relationship, and awarding exclusive use of the family home to the petitioner.

A restraining order is a valuable tool to help prevent domestic violence. The Portland Family Law attorney at Gzik Law, PC is skilled in helping petitioner’s weight the option of filing a FAPA, the consequences of filing a FAPA, and how the order will impact any other legal proceedings the parties are currently dealing with. This includes helping victims of abuse maintain restraining orders and, if needed, defending or having dismissed restraining orders that were wrongfully obtained.

Contesting the FAPA Order

Oregon restraining order pursuant to the FAPA statutes have strict guidelines regulating when and how a party must file a request for hearing to contest the validity of the FAPA after being served. A party that is contesting the order must request a hearing and specifically state if they are contesting all or part of the restraining order.

Like all things, sometimes a spouse or partner uses the protection of a FAPA in an attempt to gain some unfair advantage during a divorce or just before filing for a divorce. If you believe your spouse or partner is using a FAPA order in an attempt to gain custody, parenting time, or some other advantage in your pending divorce, the Portland Family Law attorney at Gzik Law, PC can help in vigorously contesting and defending the FAPA Order.

Modifying a FAPA Order

At any time after the court has issued a domestic violence restraining order the court can modify the terms of the order that relate to (1) custody and parenting time of the children, (2) respondent’s removal from the family home, (3) respondent’s restriction from any other premise or location, or (4)  respondent’s ability to contact petitioner in-person, by telephone, or by mail (including email). ORS 107.730. Typically, the modification is called a motion for less restrictive terms. The person requesting the modification holds the burden of showing that “good cause” exists for the requested change. The burden is significantly different than the preponderance of the evidence needed to contest the initial FAPA and is highly fact based. Additionally the court has the express authority to assess against either party a reasonable attorney fee that may be incurred in the modification proceeding. ORS 107.730(7). The FAPA attorney at Gzik Law, PC is skilled at handling modification hearings and will be able to assist with protecting your interests while requesting a modification for less restrictive terms of an existing restraining order.

Resources to Meet Client’s Needs

Divorce and other family law matters can become overwhelming and emotionally draining, at any stage of the process. The attorneys at Gzik Law, PC understand the complexities of a restraining order and the impact it can have on a divorce, custody dispute, or modification proceeding. We are able to help at every step of the matter.