The Family Abuse Protection Act Procedure
The court
must hold a hearing, by telephone or in person, the day or the day after a
victim files for a FAPA order.
A sheriff or
another qualified person must serve the abuser with a copy of the order. After
the abuser receives it, he has 30 days to ask for a hearing, which must be held
within 21 days of that request (five days if a child is involved). The judge may
change or cancel the order based on information received at the hearing.
Changes in custody or visitation rights may be requested at any time while the
order is in effect.
Police must
enforce FAPA orders. An abuser who violates an FAPA order can be jailed for up
to six months and fined up to $300.
If a victim
and an abuser later divorce and the provisions of the divorce decree are different
from the provisions of the FAPA order, the divorce decree will take precedence.
It is
important to remember that an FAPA order does not guarantee safety. If you are a
victim of domestic violence contact an advocate to make a safety plan.
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