What Must Be Proven at the Hearing (For FAPA Restraining Order Hearing)

At a FAPA (Family Abuse Prevention Act) restraining order hearing, the petitioner bears the burden of proving two essential elements:

1. That they have a reasonable fear of further abuse; and

2. That you pose a credible threat to their physical safety.

These are not mere formalities. Many restraining orders are dismissed once both parties have the opportunity to be heard because the court must look beyond the initial allegations and evaluate the totality of the circumstances. This includes the parties’ conduct before and after the alleged incidents, the nature of their communications, and each party’s overall credibility.

A strong defense attacks both prongs of the petitioner’s burden: the sufficiency of the evidence and the reasonableness of the alleged fear.

Real Case Examples:

Our firm has represented clients throughout Southern Oregon facing FAPA restraining orders based on incomplete, exaggerated, or misleading claims. Once the evidence is fully developed, the court often sees a very different picture than what was portrayed in the initial petition.

Example 1:

In one recent case, the petitioner alleged multiple incidents of abuse. However, in the days following the alleged events, she continued to send affectionate messages to our client — professing love, seeking reconciliation, and expressing no fear whatsoever. At the hearing, we introduced these communications to demonstrate that her professed fear was not reasonable. The judge agreed and dismissed the restraining order in its entirety.

Example 2:

In another matter, our client was limited to video-only contact with her child based on allegations of alcohol abuse and unsafe behavior. We rapidly assembled evidence disproving those claims and established that the restraining order had been obtained under false pretenses. After hearing the full evidence, the court lifted all restrictions and restored our client’s full parenting time.

These cases underscore a critical truth: once a restraining order is issued, the burden shifts to you. You may have only one opportunity to challenge the order — and the outcome often depends on how quickly and effectively you respond.

Tight Deadlines Mean You Must Move Quickly

The FAPA process moves on an accelerated timeline:

• If custody is involved, the hearing must be set within five business days of your request.

• In all other cases, hearings are typically scheduled within 21 days.

This means your attorney has only days — not weeks — to:

• Analyze the petition,

• Identify factual weaknesses,

• Gather supporting evidence,

• Subpoena witnesses if necessary, and

• Prepare you to testify with clarity and confidence.

Failure to act promptly can result in a temporary order becoming permanent, even when the allegations lack merit.

How We Approach These Cases

When our firm is contacted about a new FAPA restraining order, we move immediately. Our first priorities include:

• Conducting a line-by-line analysis of the petition to identify contradictions, exaggerations, and omissions;

• Collecting critical evidence — including texts, emails, call records, social media messages, photographs, and witness statements;

• Challenging credibility by comparing the petitioner’s narrative with their actual behavior and communications;

• Preparing thoroughly for the hearing, ensuring our client is ready to testify calmly, clearly, and persuasively;

• Acting with urgency to meet the tight statutory deadlines and fully protect our client’s rights.

We recognize that these cases are not just about legal filings — they are about safeguarding your reputation, your relationships, and your future.

Why It Matters — and Why Timing Is Everything

A restraining order has immediate and far-reaching consequences. Once entered, it can affect employment opportunities, housing, firearm rights, and — most significantly — parenting time. Even after dismissal, an unjustified restraining order can leave a lasting footprint.

For these reasons, it is essential to have counsel who understands how to dismantle an unfounded petition and prevent a temporary order from becoming permanent.

Our experience has shown, time and again, that quick action and meticulous preparation can turn the tide, overturn an unfair order, and restore a client’s rights and peace of mind.