Siletz news /, December 01, 2014, Page 5, Image 5

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State of Oregon—Protective Orders 101
Domestic Violence - Family Abuse Protection Act
(FAPA) Orders
Sexual Abuse Protective Orders (SAPO)
Who can obtain a FAPA order?
A victim of domestic violence is eligible to obtain a FAPA order if she
or he meets the following criteria:
S/he was the victim of abuse within the past six months; or s/he
was the victim of abuse more than six months ago, and the
abuser has been in prison or jail or has lived more than 100
miles from her in the past six months
The abuse was bodily injury, attempted bodily injury, the threat
of immediate serious bodily injury, or sexual abuse, or rape
S/he is related to or intimately involved with the abuser-- a
spouse or former spouse, the abuser's in-law or relative, or is in
a sexually intimate relationship with the abuser, or is the
biological co-parent (with the abuser) of a minor child
S/he is at least 18 years old, is an "emancipated" minor, or is
younger than 18 but married to or sexually intimate with an
abuser who is 18 or older.
Stalking Protection Orders
Effective January 1st, 2014, the state of Oregon began issuing and
The law offers the protection of Family Abuse Protection Act (FAPA) enforcing orders for protection to survivors who have been sexually
orders to victims of domestic violence, whether or not a victim has assaulted by someone other than an intimate partner. This new civil
reported the abuse to the police. A FAPA order is free, and a victim legal provision bridges a major gap for many survivors whose
situations do not fit the issuing criteria for Family Abuse Protection
does not need an attorney to get one, although an attorney is
Act (FAPA) orders or Stalking Protective orders.
recommended if an abuser contests the order.
Available to minor* as well as adult petitioners (12 yo and older
Once issued, a FAPA order is effective for one year unless the
can file on own petition; parent or lawful guardian can petition
court terminates or extends the order.
for person under 18, but must file petition for person under 12)
The court must hold a hearing, by telephone or in person, the
Petitioner and respondent must NOT be “family or household
day or the day after a victim files for a FAPA order.
members” (defined by ORS 107.705)
A sheriff or another qualified person must serve the abuser with
Respondent must NOT be subject to another protective order
a copy of the order. After the abuser receives it he has 30 days
One incident of sexual abuse required
to ask for a hearing. The judge may change or cancel the order
Petitioner must reasonably fear for their safety with respect to
based on information received at the hearing. Changes in
respondent
custody or visitation rights may be requested at any time while
Abuse must have taken place within last 180 days (unless
the order is in effect.
respondent is in jail or more than 100 miles away or was subject
Police must enforce FAPA orders. An abuser who violates a FAPA
to a restraining, protective or no contact order)
order can be jailed for up to 6 months & fined up to $300.
Under Oregon law, stalking is when:
A person makes you afraid by engaging in repeated and
unwanted contact, OR
A person makes an immediate family (or household) member
afraid by engaging in repeated and unwanted contact.
To qualify as stalking, your situation ALSO must meet the following
requirements:
A reasonable person in your situation would have been alarmed
or coerced by the contact, and
The repeated [at least two] and unwanted contact causes you or
a member of your immediate family (or household) to
reasonably fear for their physical safety
Unwanted contact is when a person: Comes near you or into
your sight; Follows you; Waits outside your home, workplace, or
school; Communicates with you in any way (mail, email, phone, or
through another person); or damages your home, workplace, or
school.
What a FAPA order can do
Require an abuser to stop abusing, threatening, or interfering
with a victim and with children in her custody;
A person may obtain a Stalking Protective Order if he/she or a
Forbid an abuser to enter a victim's home, school, place of
member of the immediate family or household has been the subject
business, or other specified place;
Order an abuser out of the home if a victim is sole or part owner of stalking and qualifies under Oregon law.
of the home;
Require police to stand guard while the person leaving the home
removes personal belongings;
Give a victim temporary legal custody of the children if the
Thurs 25th: Christmas—Office Closed
children are in her physical custody or, if they are not, grant her
visitation rights.
Fri 26th: Office Closed
CALENDAR
December 2014
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Siletz฀News฀
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