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 that 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.