Does a judge have discretion on how he rules a case where a FAPA has been violated?

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Does a judge have discretion on how he rules a case where a FAPA has been violated?

Specifically, if the violation was because she asked for help in a critical situation? There was continued contact that was not only benign, but hopeful in restoring some unity and love to our family (2 kids as well) after a year of destructive turmoil?

Asked on January 6, 2014 under Criminal Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country when there has been an alleged violation of a matter that you have written about the court has discretion in determining if there was actual intent to violate and whether the circumstances demonstrate a viable defense.


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