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.
- The family and household members who are eligible for relief under FAPA include:
- 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.
If you are requesting a FAPA reestraining 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.
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 last from one year from the date of issuance.