Domestic Violence

Restraining Orders

There is no cost associated with filing or serving a Family Abuse Prevention Act (FAPA) Restraining Order

FAPA restraining orders expire one year from the date they were issued.

Who May Apply

Must Have Been

Abuse Is

Application Process (At the Courthouse)

The Order Will

Service of Restraining Order

Once the Order is Served

Petitioners Should

Petitioners Should Not

Violate the terms of the restraining order themselves. Petitioners are no subject to arrest if they violate the terms of the restraining order but if the respondent contests the restraining order, the Petitioner will have to explain to the court why he/she violated the restraining order. Violations of a restraining order by a Petitioner impact their credibility in court.

Respondents Should

Request a hearing on the restraining order within 30 days of being served with the order. If he/she does not request a hearing within 30 days of being served, the order will remain in effect for one year. Before requesting a hearing a Respondent should consult with an attorney. Contested restraining order hearings can effect a Respondent's ability to possess a firearm.

Respondents Should Not

Violate the terms of the restrainin order. If a restraining order says you are to have no contact with the opposing party by telephone, do not answer your phone if the Petitioner calls you; don not open your door if he/she fhows up at your house. Contact under these circumstances is still a violation of the restraining order. Even if the Petitioner initiates contact with the Respondent, Respondent can be charged with violating the restraining order. The fact that the Petitioner initiated the contact is not a defense to a contempt charge.

Renewal of Restraining Order

Petitioners may request that their restraining orders be renewed for a year. The request for renewal must be made before the original Order expires.
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