Alabama Protective Orders Laws
Last updated 12/16/2019
Domestic violence is a serious problem across the country. Alabama courts address domestic violence by providing victims a legal way to prevent further abuse. Although a protection order is, in a literal sense, nothing but a piece of paper, it provides the protected person the ability to call the police if an abuser violates the order. The person accused of abuse will then be arrested, tried for violating the order, and probably sent to jail for a short time, thus hopefully preventing future harm.
The table below details the main aspects of Alabama protection order laws.
|Code Sections||Alabama Code Title 30: Marital and Domestic Relations, Chapters 5: Protection From Abuse Act, 5A: Family Violence Protection Order Enforcement Act, and 5B: Uniform Interstate Enforcement of Domestic Violence Protection Orders Act|
|Activity Addressed by Protection Order||The court can include any of the following provisions, as needed, in a protection order:
|Who Can Apply for an Order?||An adult for themselves or for another person who is prevented by physical or mental incapacities or on behalf of minor children.|
|Who's Protected by the Order?||The order protects the victim, his or her minor children, and any other close family or household members (excluding non-romantic or non-intimate co-residents) that may be living with the victim or were also threatened by the abuser due to their relationship with the victim.|
|Duration of Order||The final protection order or consent agreement is for one year or less unless the court expressly orders it for a longer time. The protected party can return to court to request the protection order be amended and extended for another year or more if he or she can show a reason it needs to be extended.|
|Penalty for a Violation of Order||
|Can Fees Be Waived?||Yes, if the victim can show that he or she has inadequate funds to pay for the protection order legal costs.|
|Order Transmission to Law Enforcement||A copy of the protection order is issued to law enforcement officials with jurisdiction to enforce the order or agreement. Also, a protection order is effective even if the victim moves to a new state because all states will enforce valid protection orders from any other state.|
If your spouse, partner, or lover is hurting you, please reach out to the Alabama Coalition Against Domestic Violence Hotline at 1-800-650-6522 for help. If you've been abused and need a protection order, contact an experienced Alabama family law attorney or your local legal aid organization for help requesting one.
Note: Because state laws change constantly, it's important to verify the laws you're researching by conducting your own legal research or contacting a knowledgeable Alabama attorney.
- Domestic Violence Section
- Alabama Legal Services Domestic Violence Self-Help Information
- Alabama Legal Requirements for Divorce
Questions About Protective Orders? An Attorney Can Help
Violating an Alabama protective order is not something to take lightly because you can risk jail time and fines. If you are facing these charges, you should consult with a criminal defense attorney who can compile evidence and mount a solid defense on your behalf. Get started today and contact an Alabama criminal defense attorney in your area.
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