Parenng me in
your Family Abuse
Prevenon Act
restraining order.
This brochure is provided by Legal Aid Services of Oregon for
general informaonal use only. It is not a substute for indi-
vidual legal advice. Consult an aorney for more informaon
or for advice. The informaon in this brochure is accurate as
of August 2017.
Legal Aid Services of Oregon
& Oregon Law Center
(Connued from inside...)
Visitaon supervisors
If you decide to ask the judge for supervised
parenng me, you need to let the judge
know how oen the visits should happen and
who the supervisor will be. You can name a
friend or relave as the supervisor, if they
agree to take on that responsibility. You can
also ask that a professional supervise
visitaons, but you may be charged for this
service.
Modifying a parenng me order
If there are problems with your parenng plan,
for example your work schedule has changed
and the current parenng me schedule no
longer works, you or the respondent can ask
the court to modify (change) the order. To
request a modicaon, ask the court sta at
your local courthouse for the modicaon
packet or you can nd the modicaon
paperwork online at: hp://
www.courts.oregon.
gov/programs/family/domesc-violence/
Pages/restraining.aspx.
If you, as the peoner, are requesng that
the Respondent gets more parenng me or
unsupervised parenng me, the judge may
sign an order granng the request without a
hearing.
If either party requests to reduce the amount
of parenng me the other party gets or
requests supervised parenng me, the other
party has a right to a hearing so they can
object to the proposed changes.
Addional Resources for Parents
Domesc violence shelters and centers
The Oregon Coalion Against Domesc &
Sexual Violence website has a list of domesc
violence shelters and other domesc violence
resources in your area. Visit: ocadsv.org/
nd-help.
Legal assistance
If you can aord an aorney, the Oregon State
Bar Lawyer Referral Service can refer you to an
aorney in your area who may be able to help
you. Call 503-684-3763 or 800-452-7636.
If you cannot aord an aorney, your local
legal aid oce may be able to provide you
with legal assistance for free. Visit
oregonlawhelp.org to nd a legal aid oce
near you.
Child support assistance
The Oregon Department of Jusce Child
Support Division can help you establish a child
support order, make changes to an exisng
order, coordinate health care coverage for a
child, determine the amount of past due child
support, collect child support payments, and
collect spousal support payments when
spousal support is part of a child support
order. Call 1-800- 850-0228 or go to
www.oregonchildsupport.gov.
The opinions, ndings, and conclusions or recommendaons
expressed in this publicaon are those of the author(s) and do
not necessarily reect the views of the Department of Jusce or
grant-making component. This project was supported by Award
No. VOCA-OT-2016-LASO-00069 awarded by the Oce for Vic-
ms of Crime, Department of Jusce.
What is a parenng me order?
If you are applying for a Family Abuse
Prevenon Act (FAPA) restraining order
against the other parent of your children, you
can ask for temporary custody of your children
as part of that order. If the judge awards you
temporary custody, the other parent will
usually get reasonable parenng me
(visitaon), unless the judge believes it is not
in the best interests of the children.
When you ll out your FAPA peon, you can
set out the parenng me schedule that you
think is appropriate for your children. Make
sure to let the judge know of any safety
concerns you have for yourself or your
children regarding parenng me. If the judge
grants your FAPA order at the ex parte
hearing, the judge will usually order the
parenng me you have requested. The
parenng me may be changed at a later date,
if the respondent requests a hearing.
You must comply with the parenng me
ordered by the court. You should not withhold
parenng me from the other party. If you do,
the Respondent may le an acon to enforce
the parenng me or to hold you in contempt
of court.
Filling out a parenng me order
There are a number of things to think about
when deciding what kind of parenng me to
request. However, the most important
consideraon is you and your children’s safety.
Before lling anything out, read over the enre
"Parenng Time" secon of the restraining
order forms. The printed opons on the form
are just suggesons. You can customize the
parenng me schedule to t your family’s
needs.
Here are some things to consider when seng
the parenng me schedule:
If you’re already separated, are you follow-
ing a parenng plan and is it working?
How old are your children?
Are your children comfortable with the
respondent?
Do you have concerns about your children
staying overnight at Respondent’s place?
Will the children be safe if they are alone
with the respondent?
Is the Respondent an unsafe or unreliable
parent due to drug or alcohol use or an un-
treated mental illness?
If the respondent picks up your children at
your home, are there likely to be problems?
Will you be safe?
Would it be safer for you or the children if
the respondent picked the children up at a
neutral locaon? (For example, at a local
restaurant or the police staon)
Would it be safer for you or the children to
have someone other than the respondent
pick up and drop o the children for visits?
Be detailed in your parenng me order
Be sure to ask the judge to include as many
details as possible in the parenng me order.
For example:
The exact days and mes the respondent
will have parenng me.
The place where your children will be
picked up and dropped o.
Who will pick up and drop o your children.
Sample parenng plans
The Oregon Judicial Department website has
sample parenng plans that you may wish to
look at in developing your own parenng plan.
There are basic parenng plans, safety-focused
plans, and plans for children ages birth to
three. The plans are available at: hp://
www.courts.oregon.gov/programs/family/
children/Pages/parenng-plans.aspx.
When to ask for no parenng me or
supervised parenng me
It may be appropriate to ask the judge to order
that the respondent not get any parenng
me or have supervised parenng me if:
Parenng me would put you or your chil-
dren in danger of further abuse.
The respondent has abused you in front of
the children.
The respondent has access to guns and has
used them in the past against you or any-
one else.
The respondent has stalked you or anyone
else, or has threatened to kill you or anyone
else.
The respondent fails to properly supervise
your children or keep them safe.
The respondent has a drug or alcohol prob-
lem or mental illness that aects his or her
ability to care for your children.
The respondent has hidden your children
from you in the past or is threatening to
hide the children from you now.
Be sure to tell the judge about these incidents
when explaining why you are requesng no
parenng me or supervised parenng me.
(Connued on back…)
