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FAPA orders are available in every county in Oregon. Once issued, a FAPA order is effective for 12 months, unless the court terminates or extends the order. The court must hold a hearing, by telephone or in person, the day or the day after a victim files for a FAPA order.
? Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.
A temporary restraining order is available in every county in Oregon. Once issued, it is effective throughout the state for one year unless the petitioner wants the order ended earlier or wants it renewed. Police are required to enforce a restraining order.
In general, a restraining order will last for two years. The court may extend that period if they wish, but they must present evidence that this is necessary to protect those who requested the restraining order. If a victim wants to reapply for a restraining order after the first order expires, they can do so.
This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.) You must be in ongoing danger of abuse very soon (?imminent danger?). The respondent must be a threat to the physical safety of you or your children.
A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren't grounds upon which the restraining order can stand.
Violation of the Restraining Order may result in civil and/or criminal penalties, including a jail sentence of up to 6 months and a fine of $500 or 1% of your annual gross income, whichever is more. If you have any questions about the Restraining Order or your rights, you should consult an attorney.
An emergency protective order can last only five business days or seven calendar days (whichever is shorter). An emergency protective order is supposed to give you time to go to court to ask for a domestic violence restraining order, which lasts longer.
To obtain a Restraining Order in Oregon under the Family Abuse Prevention Act (FAPA), you must file a form, called a ?Petition? with the court in the county in which you or the alleged abuser lives. There is no cost to file the Petition.
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.