Feibleman Case Attorneys at Law - Family Law, Divorce, Estate Planning, Personal Injury, Alternative Dispute Resolution attorneys / lawyers in Oregon

Family Abuse & Restraining Orders:

Gil Feibleman chaired the legislative committee that drafted most of the existing Family Abuse Protection Act and our office is well versed in this special statute.

The purpose of the act is to provide emergency relief when there is a genuine physical danger to you or to your children. It is not to be utilized to gain some advantage over your spouse. The choice to seek or not seek a Family Abuse Restraining Order is a very significant decision which can impact your relationship with your spouse for years to come. Always discuss this issue with us prior to taking action.

No attorney is required to obtain a Restraining Order. Your local county courthouse provides instructions that explain the requirements, how to apply, and the relief that you are allowed. If you are requesting a FAPA restraining order, you must show that you have been the victim of an incident of abuse within the preceding 180 days; you are in imminent danger of further abuse; and the other party presents a credible threat to your physical safety or the safety of your minor child.

You cannot get a FAPA restraining order against just anyone, only against spouses; former spouses; adults related by blood, marriage, or adoption; persons who are cohabiting now or who have cohabited; persons who have been involved in a sexually intimate relationship with each other within the preceding two years; and unmarried parents of a minor child. If the other party does not meet those, qualifications you may have to consider a stalking order which has different and more stringent requirements.

The court can award temporary custody, temporary parenting time, move the other party from the family home, restrain the other party from entering a reasonable area surrounding the residence; require a police officer to assist in the other party’s removal of essential personal effects; restraining the other party from intimidating, molesting, interfering with, or menacing you or your child at home, work or school; and to provide emergency support.

***Feibleman and Case P.C. provides the above information as a service to potential and current clients as well as continuing education to other lawyers. A person's accessing the information contained in this web site, is not considered as retaining Feibleman & Case P.C. for any case nor is it considered as providing legal advice. Feibleman and Case P.C. cannot guarantee the outcome of any case.