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What are Family Abuse Prevention Act restraining orders?

| Jan 13, 2017 | Family Law |

When Oregon couples are not getting along, arguments might be frequent, and could even escalate to a point where someone calls the police. The state’s law enforcement agencies and the courts take allegations of domestic violence seriously. If necessary, Family Abuse Prevention Act (FAPA) restraining orders could be issued.

A FAPA restraining order prohibits the accused party from having any contact with the alleged victim and/or the victim’s children. If the couple lives together, this means that the party against whom the restraining order is issued could be ordered to move out of the family home, at least temporarily. Violating the order could result in arrest. The alleged abuser could contest the issuance of the restraining order, and a hearing would be scheduled.

Undoubtedly, there are legitimate cases of domestic violence here in Oregon, and the abused party deserves protection. However, in some cases, the accuser “cries wolf” in order to gain the upper hand in a custody battle or some other court proceeding. At the hearing regarding the restraining order, evidence can be presented to clear you of the domestic abuse allegations.

Whether you are the alleged abuser or the victim, being represented by an Oregon family law attorney is essential. If you were abused, you need someone to advocate on your behalf in order to help guarantee your safety. If you were falsely accused, you need someone to help clear your name since many of your civil rights are curtailed for the duration of these restraining orders, and anyone who does a background check on you will see that you once had a restraining order filed against you.

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