Family Abuse Prevention Act (FAPA) Restraining Orders
Jason Thompson regularly represents individuals, both petitioners and respondents involved in FAPA cases. If you have been a victim of threatened or physical abuse, it is possible you can get a restraining order under FAPA.
Under this law, you can obtain protection without having to file for a divorce or separation. If, on the other hand, you have been served with a temporary restraining order, you have a right to a hearing to challenge that order from becoming a final restraining order.
What are the requirements for a FAPA restraining order?
The petitioner must be at least 18 years old, or, if the petitioner is younger than 18:
- The respondent must be 18 or older, AND
- The petitioner must be either married to (or previously married to), or involved in (or previously involved in) a sexual relationship with the respondent.
The respondent must be:
- The petitioner’s spouse or former spouse
- An adult with whom the petitioner lives and/or has a sexual relationship
- An adult with whom the petitioner had a sexual relationship in the last 2 years
- An adult related to the petitioner by blood, marriage, or adoption, OR
- The other parent of the petitioner’s child.
In the last 180 days*, the respondent must have:
- Physically injured the petitioner or attempted to physically injure the petitioner
- Placed the petitioner in fear of imminent bodily injury, OR
- Made the petitioner have sexual relations against the petitioner’s wishes by using force or threats of force.
- * Any time period when the respondent was in jail or lived more than 100 miles from the petitioner’s home does not count as part of the 180 day period.
Continued Threat Of Abuse
The petitioner is in immediate danger of further abuse, and the respondent is a threat to the physical safety of the petitioner or the petitioner‘s children.
What can Jason Thompson do for me?
Contact the police immediately if you have recently or are currently being threatened or abused. The FAPA laws are intricate and can be misleading to the general public. Mr. Thompson regularly represents individuals involved in these cases and can help clarify any questions you may have. If you have been accused of, or would like to file a FAPA restraining order, please contact Thompson Law today to set up a consultation. Because oftentimes allegations that begin with restraining order petitions result in criminal investigations, if you have been served with a restraining order petition, you should set a consultation as soon as possible.