Legal Question in Family Law in Oregon

If you were hit with a FAPA restraining order you have the right to contest the order and challenge the allegations made within it. The person who filed the restraining order will have to prove 1) that you either lived together or had sexual relations; 2) that "abuse" has occurred within the prior 180 days; 3) the person has an objectively reasonable subjective fear for their safety; and 4) that you represent a credible threat to that persons future safety. FAPA's are often issued and later dismissed as most judges would rather be safe then sorry when the filing individual requests an order for their safety. The problem is that when FAPA's are issued the requesting party is not cross-examined on any of their statements and other party does not get an opportunity to tell their side of the story. If you were served with a FAPA you should have also been given the form to request a hearing to contest the order. If you wish to contest the FAPA you need to fill out that form, send one to the other party, and file the original with the court. Alternatively, if you choose to hire an attorney they can help you with the response and setting of an evidentiary hearing. It is always better to have an attorney if you can afford one. Good luck.

Jeffrey K. Traylor

Portland Restraining Order Lawyer

www.multnomahlegal.com