How to Get a Family Abuse Prevention Act (FAPA) Order in Oregon
Oregon FAPA protective order process explained for survivors.
Overview of Alberta’s Family and Forced Protection Act (FAPA) Orders
Who May Qualify Under FAPA
FAPA is an Alberta law that can provide court protection from family or forced (coercive) relationships where there is risk of family violence. The exact rules can change, and the court decides each case individually.
People who may qualify can include:
- Adults experiencing family violence or coercive control from a family member or intimate partner
- Some youth, depending on age and circumstances, often with an adult applying on their behalf
- People forced or pressured into a relationship, marriage, or ongoing contact
- People living with, or recently separated from, the person causing harm (including dating or common‑law relationships)
From Temporary Order to Hearing: Basic Process
1. Temporary (Emergency‑Type) Order
In many situations, a FAPA order may start as a temporary order, sometimes made without the other person present. The judge or justice of the peace looks at information about safety concerns and decides if short‑term protection should be granted.
This temporary order may be made at a regular court sitting or through special emergency procedures, depending on location and time of day.
2. Service on the Other Party
After a temporary FAPA order is granted, it normally must be “served” on the other person. This usually means the order is formally delivered so the person knows about it and the conditions they must follow.
Service is often done by police or another authorized server, not by the person seeking protection. The method of service, and what proof is needed, is set by the court.
3. Return or Review Hearing
FAPA temporary orders are usually followed by a court hearing on a set date. At this hearing:
- The judge reviews the temporary order and any new information
- The person seeking protection can explain why ongoing protection is needed
- The other person may attend and give their side, if they have been properly served
- The judge decides whether to confirm, change, extend, or end the order
In some cases, additional hearings or adjournments may be needed. The court has flexibility based on safety concerns and available information.
Types of Relief Commonly Available
A FAPA order can include different types of conditions. What is available and what a judge will grant depends on Alberta law and the details of the case.
Possible forms of relief may include:
- Ordering the other person not to contact or communicate with the person seeking protection (and sometimes others in the household)
- Setting distance or “no‑go” zones around a home, workplace, school, or other places
- Giving one person temporary exclusive possession of a shared home or certain property, while the order is in place
- Allowing police to remove the other person from the home, if ordered by the court
- Conditions around weapons, substance use, or other specific risk factors identified by the court
- Directions related to children’s contact or exchanges, where the court finds this necessary for safety
Additional support options across Canada, including information about protection orders and safety planning, can be found through resources listed at DV.Support.
Duration Overview
The length of a FAPA order can vary. In Alberta, the law sets maximum time limits, but the court chooses the specific duration within those limits.
- Temporary or emergency stage: Usually short‑term, in place only until the review or full hearing date.
- Confirmed FAPA order: May last months or, in some cases, up to a few years, depending on what the judge decides and what the legislation allows at the time.
- Extensions or changes: In some situations, a person may ask the court to extend, change, or end an order before it expires. The court will look again at current safety concerns.