tHE BASICS OF DOMESTIC VIOLENCE RESTRAINING ORDERS

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.