In divorce situations, stress runs high and emotions can turn destructive. An otherwise rational person may reach his or her breaking point and act in a way that harms or threatens to harm you. You may be involved in an abusive relationship and need some form of legal protection for you and your children.
In Alabama, Protection from Abuse Orders (PFA) can be helpful to aid those who are abused. It acts much like a restraining order.
If you believe you are in immediate danger, call your local police agency or 911. Be prepared to provide the officer an account of the abuser's actions, and why you are afraid.
If you feel threatened or intimidated by your spouse or significant other, or are in an abusive relationship, you may file an action for a Protection From Abuse Order (PFA) through the courts. If you are in a crisis, Alabama domestic violence laws allows you to get a Protection From Abuse Order on your own on an emergency basis. This is called an ex parte order. When you file for an ex parte protection order, you do not have to provide notice to the other person first. A judge will hear your side of the events and decide whether or not to grant a temporary Protection From Abuse Order. If the temporary order is granted, tehn the court will notify the other person that you have filed for a Protection From Abuse Order and will hold a hearing, usually within 10 days. At that hearing, the judge will determine whether the order is necessary.
Protection from Abuse Order can require the person you want restrained to stop threatening you or causing physical or mental harm to you and your children. Most Protection From Abuse Orders requires the person to stay away from your home and work place, move out, stop calling, restrain them from removing a minor child, limit their visitation, give up their firearm, release or return certain property, or pay some or all of your attorney's fees.
A Protection From Abuse Order is enforceable throughout Alabama once it is signed by the judge. Once it is served, it is enforceable in any state in the U.S. You can ask any police officer or law enforcement officer to make the person do what the court order says.
If domestic violence has occurred during your marriage or during the breakdown of your marriage, it may be wise to coordinate the filing of a Protectoin From Abuse Order along with the filing of your divorce.
If you have good reason to fear for your or your children's safety, please call our office and schedule a consultation. I am here to help you understand your options, counsel you about the ramifications that Protection From Abuse Orders have on you and the other party, and to advise you on issues concerning Alabama domestic violence laws.
Contact us today for an initial consultation for your Protection From Abuse or Domestic Violence matter.