Oregon F.A.P.A. Order Attorneys based out of Portland Oregon
Commonly called “restraining orders,” F.A.P.A. orders (Family Abuse Prevention Act) are one of the most common Oregon protective orders sought for physical abuse or threatened physical or sexual abuse within the last 6 months involving family or household members.
The attorneys at Clark Law and Associates, LLC understand that anyone reading this may be experiencing intense stress, which can cause a person to think less clearly and make poor choices. If you need someone to walk you through this stressful time in your life, our attorneys are here to help you. Our goal is to secure the best resolution possible under the circumstances. It is important to have a lawyer who understands the difficult emotional and legal issues you are facing who will work with you to you explore your options, objectively evaluate the evidence and develop the best strategy based upon the law, the evidence, and your needs. For more information on the process click: Getting a Protective Order
Non-contested FAPA orders: If no hearing is requested within 30 days after the respondent is served with the temporary F.A.P.A. order, the F.A.P.A. order will remain in place for one year after the judge signed the order requested by the petitioner.
Settlement: Not all cases need to go to trial. Sometimes all parties benefit from a uniquely crafted settlement agreement that minimizes the risk and stress of trial for both parties, rather than risking that a judge imposes a “solution” that neither party likes.
Trial: One should promptly seek legal counsel because the court is required to hold a hearing within 21 days after the respondent requests a trial or within 5 days if the respondent contests the order granting temporary child custody to the petitioner. (See ORS 107.716(1)) . After the F.A.P.A. is served, the respondent only has 30 days to request a trial. (ORS 107.718(10)) Even an experienced attorney needs adequate preparation time.
Frequently Asked Questions About Oregon F.A.P.A. laws
(Commonly known as Restraining Orders)
What is needed to obtain a protective order under the Family Abuse Prevention Act (F.A.P.A.) in Oregon?
To qualify for a FAPA restraining order, the petitioner must prove the following by a preponderance of the evidence* (*See ORS 107.710(2):
• The petitioner has been a victim of abuse by the respondent within 180 days of the petition; and
• The petitioner is in imminent danger of further abuse from the abuser. See ORS 107.710(1).
Can FAPA order be sought against a complete stranger? No. A restraining order can only be sought against a family or household member.
Who can the petitioner seek a FAPA order against? A family or household member. See ORS 107.705(4).
What constitutes a family or household member? Spouses, former spouses, adult persons related by blood, marriage, or adoption, persons who are cohabitating or have cohabited with each other, persons who have been involved in a sexually intimate relationship with each other within the last two years before a petition for a F.A.P.A. order is filed, unmarried parents of a child. (See ORS 107.705(4))
What is considered abuse for purposes of an Oregon F.A.P.A. order?
Abuse” means attempting to cause or intentionally, knowingly or recklessly causing bodily injury or placing the petitioner in fear of imminent bodily injury. It also means causing another to engage in involuntary sexual relations by force or threat of force. See ORS 107.705(1).
How long do F.A.P.A. orders last in the state of Oregon? One year after the judge signs the initial order. (See ORS 107.718(3))
Where do the attorneys at Clark Law and Associates, LLC accepts Oregon restraining order cases? Counties: Multnomah, Clackamas, and Washington Counties. Cities: Portland, Milwaukie, Oregon City, Beaverton, Hillsboro, Lake Oswego, and Gresham. Legally, we can handle a restraining order case anywhere in Oregon. However, because multiple court appearances are required, long-distance travel may be cost-prohibitive for the client. So, we recommend that clients find counsel near their location.