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In the state of Oregon, there are three types of court-issued protective orders that pertain specifically to survivors of violence.
The law offers the protection of Family Abuse Protection Act (FAPA) orders to victims of domestic violence, whether or not a victim has reported the abuse to the police. A FAPA order is free, and a victim does not need an attorney to get one, although an attorney is recommended if an abuser contests the order.
FAPA orders are available in every county in Oregon. Once issued, a FAPA order is effective for one year 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.
A sheriff or another qualified person must serve the abuser with a copy of the order. After the abuser receives it he has 30 days to ask for a hearing, which must be held within 21 days of that request (5 days if a child is involved). The judge may change or cancel the order based on information received at the hearing. Changes in custody or visitation rights may be requested at any time while the order is in effect.
Police must enforce FAPA orders. An abuser who violates a FAPA order can be jailed for up to six months and fined up to $300.
If a victim and an abuser later divorce, and the provisions of the divorce decree are different from the provisions of the FAPA order, the divorce decree will take precedence.It is important to remember that a FAPA order does not guarantee safety. If you are a victim of domestic violence contact an advocate to make a safety plan.
A victim of domestic violence is eligible to obtain a FAPA order if she meets the following criteria:
A FAPA order can:
Effective January 1st, 2014, the state of Oregon will begin issuing and enforcing orders for protection ("restraining orders") to survivors who have been sexually assaulted by someone other than an intimate partner. This new civil legal provision, which has already been passed into law and successfully implemented in Washington state (among many others), bridges a major gap for many survivors whose situations do not fit the issuing criteria for Family Abuse Protection Act (FAPA) orders or Stalking Protective orders.
According to the Oregon Judicial Department and WomensLaw.org:
Under Oregon law, stalking is when:
To qualify as stalking, your situation ALSO must meet the following requirements:
Unwanted contact is when a person:
A person may obtain a Stalking Protective Order if he/she or a member of the immediate family or household has been the subject of stalking and qualifies under Oregon law. For more information on obtaining a Stalking Protection Order, visit OregonLawHelp.org.