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:
VENUE. A FAPA petition must be filed in the county where either the alleged abuser (Respondent) or alleged victim (Petitioner) resides.
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.
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:
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.
Disclaimer: The material on this website is intended for informational purposes only and does not constitute legal advice. Use of or reliance on information from this website does not create an attorney-client relationship.