ALABAMA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Alabama law defines "domestic abuse" as the occurrence (actual or attempted) of one or more of the following acts between "family or household members":
You can apply for protective orders against:
Note: In Alabama, you may apply for a PFA against a current or former same-sex partner. Please note the decision is up to each individual judge, and some may not grant these.
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Emergency/Ex Parte Protection from Abuse orders (Emergency PFA)
Those in immediate danger of abuse can obtain an Emergency PFA without a full court hearing. An Emergency PFA grants protection from the time you file for the final order until your full court hearing takes place. The full court hearing usually occurs within 2 weeks of your filing date.
The advantage of an Emergency PFA is that you can get one without your abuser present. You can apply for an Emergency PFA by going to the circuit court clerk in the county courthouse in your area. In some counties, you may be required to go to family court or domestic relations court. You might be required to see a judge and explain why a PFA is necessary.
If it is determined that a "clear and present danger" exists for yourself or your family, a PFA will be issued. If the judge denies your request for an Emergency PFA, you may still ask the judge to consider your PFA petition through a full hearing. This means your abuser will be served with a copy of your request and will have an opportunity to respond.
Final Protection from Abuse orders (Final PFA)
A Final PFA can be issued only after a full court hearing where you and your abuser both tell your sides of the story to a judge. Final PFA's are usually good for up to one year. You may also apply to have your PFA extended.
Unless requested for a later time, you will have a full court hearing within two weeks after you file your application for a PFA. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. If your abuser does not show up to that hearing, the judge may grant a Final PFA or s/he may set a new hearing date. If you have an Emergency PFA, make sure the judge extends it so that it is effective until the new hearing date.
Temporary Restraining Order (TRO)
If you do not qualify for a PFA (which happens most often because your relationship to the abuser does not fall within the definition of those qualified - for example, if your relationship is that of simple dating), you may still be able to get a Temporary Restraining Order (TRO). A TRO can provide many of the same protections as a PFA, including ordering someone to stay away from you, your family, your home, etc.
Options for obtaining one are as follows:
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It is dangerous to stay in an abusive relationship. Over time, the abuse often becomes more frequent and more severe. Leaving an abusive relationship, however, is also dangerous. Although a PFA order does provide legal means to protect yourself from an abuser, it does not provide you with physical protection.
In an Emergency (Ex Parte) Protection from Abuse order, a judge may grant you:
The judge can order the abuser to:
In a permanent Protection from Abuse order, a judge may order all the protections of the emergency (ex parte) order. In addition, a judge can grant you:
The judge can order your abuser to:
While a protection order is out against a person, per federal law, he or she is not allowed to keep or buy a firearm.
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There is no fee for filing a PFA in Alabama. If you have financial problems and can't afford your own representation, you may qualify for assistance from Legal Services Corporation of Alabama. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a PFA. Although you do not need legal counsel to file for a PFA, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.
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Call the police immediately if you believe your PFA has been violated. It is a crime and civil contempt of court if the abuser knowingly violates the order in any way. Any failure to observe all provisions of the order constitutes a violation on the part of your abuser. In such an instance, call the police immediately; tell them that you have an order and that your abuser is in violation of it. It is very important that you keep a copy of the order with you at all times. Allowing your abuser access to your residence, place of employment or anywhere the PFA Order prohibits him/her from going may result in the loss of right to enforce the order.
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