Restraining Orders in Oregon are technically called “Family Abuse Prevention Act” (FAPA) Orders. FAPA orders are serious business – and the Judge’s decision to uphold or dismiss a contested FAPA order depends not only on what you say in Court, but how your case is presented and what evidence is allowed or not allowed into evidence.
The rules of evidence and court procedures apply in FAPA cases – whether you have an attorney on your side or not.
The rules of evidence control which testimony and documents are allowed into evidence, and which are not. I have seen cases won or lost based on the application of these rules, irrespective of what other evidence might have existed. This is why if you are serious about seeking or defending against a FAPA order, you should retain a qualified and experienced trial attorney like myself.
FAPA orders are not just about being prohibited from contacting someone. It is not uncommon for people to tell me that they believe there is no reason to fight a FAPA order against them since they don’t want to communicate with the other person anyways. There are many other reasons why you do not want a FAPA upheld against you. These can be called “collateral consequences,” and can impact your Constitutional rights under Oregon and Federal Law, affect your ability to rent an apartment and jeopardize employment opportunities. Give me a call if you’d like to discuss this further
