Alabama courts play an important role in deterring domestic violence. In appropriate cases, a court can issue an Alabama restraining order that is designed to deter an abuser from committing violence and similar actions. Because it is a crime to violate this kind of protective order, it is easier to get the police involved and press charges for domestic violence and other abusive behavior. Victims should act as quickly as possible to increase their legal options for stopping the inappropriate and criminal acts of an abuser.
While many states seem to be expanding their availability of judicial protective orders, Alabama is going in the other direction. According to WomensLaw, the state no longer grants Alabama restraining orders (“protection from abuse” orders) unless there is or was an intimate relationship between the victim and abuser.
Now, this does not mean that you have no recourse. In many cases, you can still press criminal charges for acts of violence or threats of violence. Call the police every time there is an occurrence of such activity so you can establish that there is a pattern of conduct by an abuser. This is the best way to protect yourself if you do not qualify for an Alabama restraining order (PFA order).
With that said, you can still file a petition for an Alabama protective order against a current spouse, former spouse, person with whom you have a child, current cohabitant if a romantic or sexual relationship exists, and anyone else whom you have dated within the six months before the filing of the Alabama restraining order.
To request an order, go to your county courthouse and find the clerk. Ask about filing for an Alabama temporary restraining order for protection against an abuser. There is no fee for filing for such an order.
Fill out and return the filing forms. A judge will then decide whether you are entitled to an Alabama TRO. The general rule is that you can get a temporary order if you are in immediate danger and fear for your safety.
Now, the abuser must be served notice for the restraining order to take effect. Speak to the court staff about how to do this.
Next, you are typically scheduled for a hearing a few days after requesting the Alabama TRO. You will have to testify again at that hearing to get a regular Alabama restraining order. Note that the abuser has a right to appear and be heard at this hearing. Take any evidence and witnesses that you have to ensure that you present a strong case of abuse and fear to the judge.
At that hearing, you will generally receive your regular Alabama restraining order. Use it to your advantage by informing the police if the abuser violates the order. The value of a protective order is that it is a crime to violate the order, making it easier to deter the abuser and bring criminal charges for violent or harassing behavior.
Resources:
WomensLaw: Can I get a protection from abuse (PFA) order?
