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tHE BASICS OF DOMESTIC VIOLENCE RESTRAINING ORDERS

3/7/2019

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If you have been a victim of domestic violence, you may be able to obtain a Family Abuse Prevention Act (FAPA) restraining order in the event your situation falls within the following criteria: 
  1. VENUE. A FAPA petition must be filed in the county where either the alleged abuser (Respondent) or alleged victim (Petitioner) resides.
  2. AGE. A person under the age of 18 years may request a FAPA order only if: (1) the Respondent is 18 years or older; and (2) Petitioner is either the spouse of Respondent, former spouse of Respondent, or a person who has been in a sexually intimate relationship with Respondent. 
  3. LEGAL BURDEN. The Petitioner must prove by that: (1) "abuse" has occurred in the past 180 days between "family or household members;" (2) Petitioner is in imminent danger of further abuse by Respondent; and (3) Respondent represents a credible threat to the safety of Petitioner and/or Petitioner's child or children.  
"Abuse" is the occurrence of one or more of the following acts:
  • Attempting to cause of intentionally, knowingly, or recklessly causing bodily injury;
  • intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury; or
  • causing another to engage in involuntary sexual relations by force or threat of force.
"Family or household members" means:
  • spouses;
  • former spouses;
  • adult persons related by blood, marriage, or adoption;
  • persons who are cohabiting or have cohabited;
  • persons who have been in a sexually intimate relationship in the past 2 years; or
  • unmarried parents of a child.
If granted, a restraining order is effective for one year. However, the Respondent must be served with the restraining order, and has 30 days from the date of service to request a hearing in order to contest the restraining order. If a hearing is not requested within the 30 day time frame, the restraining order will stay in place for the entire year. If a Petitioner reasonably fears additional acts of abuse, the restraining order may be renewed prior to the end of the one year period. 
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