Information for Respondents in a FAPA Restraining Order
Authored By: Oregon Law Center and Legal Aid Services of Oregon
If you have recently been served with a Family Abuse Prevention Act (FAPA) Restraining Order, the first thing you should do is read the order carefully. Each provision (part) of the order must be obeyed.
What is a restraining order?
A restraining order is an order from the court used to protect a person in a situation involving domestic violence, harassment, sexual assault, or stalking.
A restraining order affects your rights and may include orders regarding custody and parenting time of your children. It is a serious matter.
As a result of this order, or any order continuing or changing this order, it may be unlawful for you to possess or purchase a firearm or ammunition based on state and federal law. If you have any questions about whether this law applies to you, you should consult an attorney.
What rights do you have?
If you disagree with the allegations in the restraining order, you believe the order is not necessary, or you disagree with any of the terms of the order, including custody or parenting time, you have the right to contest (object) to the restraining order. To do this, you must fill out the Request for Hearing form. This form should have been served on you along with the other restraining order paperwork. To learn more about how to contest a restraining order, see the “Contesting (objecting to) the Restraining Order” section.
What if you choose not to contest the restraining order?
If you do not object to the Restraining Order, it will continue for one year from the date the judge signed it. It can also be renewed (extended) at the request of the petitioner. Even if you do not object to the order, you can still request to modify certain portions of the restraining order at a later date (see brochure for more information).
What happens if you violate the order?
The petitioner (the person who got the restraining order against you) may call the police to report violations of the restraining order. A police officer or sheriff who believes that you have violated any part of a restraining order must arrest you (ORS 133.310(3)).