What is a restraining order?
A court order that tells a person to stop doing something for a certain amount of time. Examples are FAPA (restraining) orders and stalking protective orders. This order can be vacated at the request of the petitioner (the abused party)
What is the Family Abuse Prevention Act (FAPA)?
The law that authorizes courts to issue protective orders (a special type of restraining order) when there has been violence or other forms of abuse within a family. FAPA orders may include orders for custody and parenting plans. It is a civil protection that can be modified, dismissed, or renewed once the order has been granted. The order may also be contested by the respondent (abuser) in the following ways:
- A hearing within 30 days following initial service of the restraining order on objections to the order or its specific provisions;
- An “exceptional circumstances” hearing to determine temporary custody and resolve other contested issues.
- A hearing at any time that the restraining order remains in effect, regarding modification of child custody or parenting time issues, or both, similar to any other show cause hearing on those issues.
- A hearing to challenge the basis for renewal of an order.
Violations of a restraining order require mandatory arrest and are considered contempt of court and subject to punitive sanctions under ORS 33.015(3).
What is a probation or post-prison supervision no contact order?
Persons on probation, post-prison supervision, and Interstate Compact supervision are frequently subject to "no contact" orders authorized by the adjudicating authority. "No contact" orders frequently prohibit persons on supervision from having contact with their crime victim, the victims family, and prohibits the person on supervision from being in proximity to the crime victim's work, school or residence. While a "no contact" order has features that are similar to a FAPA order they are wholly separate and have distinctly different penalties for violating the order. Violations of a "no contact" order are addressed as violations of supervision conditions and cannot be charged as new criminal acts. Consequences for violations of probation or post-prison supervision orders fall under the purview of the issuing authority and may or may not result in the arrest of the person who violates it. There is no legal mandate for mandatory arrest for a violation of a "no contact" order.
Who are the DV Unit Partners?
The Domestic Violence Unit is a component of Multnomah County coordinated community response model. The unit collaborates with district attorney's offices, law enforcement agencies, Multnomah County Family Law Court, service providers, community based victim advocates and community groups. The goal of the unit is to end the cycle of abuse through a targeted approach of domestic violence intervention, supervision, sanctions and services. The Domestic Violence Unit considers abuse to the behaviors including, but not limited to, emotional, psychological, sexual and physical abuse.