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Jackson County

Domestic Violence

PROTECTION FROM ABUSE
30-5-1, CODE OF ALABAMA

If you are a victim of domestic violence and you need assistance, please contact:

 Crisis Services of North Alabama
256-574-0345

Protection From Abuse (PFA) Orders

Protection orders are intended to provide TEMPORARY, EMERGENCY RELIEF for a victim of domestic violence. A Protection Order is a serious matter, and should not be considered lightly. There can be legal consequences for all parties who are the subject of a protection order. An order of protection may be requested against someone with the following relationship to the victim (plaintiff):

  • Spouse or former spouse, (Including common law marriage), or
  • Person with whom plaintiff has a child, or
  • Person with whom plaintiff has an intimate dating
    relationship within the last 6 months, or
  • Current or former household member, with whom plaintiff had a romantic or sexual relationship.

A Protection From Abuse Order May Include:

  • Order restraining defendant from acts of abuse or violence against plaintiff
  •  Order requiring defendant to stay away from plaintiff’s residence, workplace, school, etc.
  •  Order for law enforcement to remove defendant from residence of plaintiff
  •  Award plaintiff temporary custody of minor children if necessary for protection of the children
  • Other relief as necessary for safety and protection of plaintiff

Any Ex Parte Protection order is TEMPORARY, to provide relief until a hearing can be held, with both defendant and plaintiff present before the judge.

A Protection From Abuse Order WILL NOT:

  • Fix the problem or completely stop defendant from hurting plaintiff
  • Divorce the parties
  • Determine long term custody or visitation issues
  • Make permanent property divisions between parties
  • Be a general Restraining Order. If not domestic violence, you should consult an attorney

Plaintiff must be prepared to appear in court. You are not required to pay a filing fee to file a petition for protection; however the filing fee may be assessed later at the judge’s discretion. If you need assistance completing the forms contact Crisis Services (Janet Sage at 256-574-0345). They have two locations in Jackson County: DHR Building and the old Housing Authority office on Woods Cove Road.

How can I ask the Court for a protection order?

A Protection Order may be sought by the victim (plaintiff), if 18 years of age or older, or by a legally responsible person on behalf of a minor or incapacitated adult. A plaintiff under age 18 may file if they are, or have been married, or if they have been emancipated. While it is not necessary to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences, especially involving issues such as custody of children and property division. It is recommended that the plaintiff seek legal counsel to assist in this matter.

Standard court forms (Petitions) must be filed with the Clerk to ask for a Protection Order. These forms are available in the Clerk's office in each county courthouse.

The completed Petition should be taken to the Clerk's office. The judge may or may not issue a temporary ex-parte Protection Order and set a date for a hearing. The judge will grant or deny the petition within three business days. If any temporary orders are signed by the judge, they are good only until the final hearing unless otherwise extended by the judge. They are not permanent orders!

Where can I get a protection order?

Protection Orders may be requested in the county where the plaintiff lives, in the county where the plaintiff has temporarily relocated to avoid further abuse, or in the county where a civil matter is already pending before the court in which the plaintiff and defendant are opposing parties. If there is a pending case, then the plaintiff should file for protection in the county in which the case is pending.

Each party has the continuing duty to inform the court of any pending court proceeding in this state or any other state. Parties also should inform the court of any existing child custody or support orders.

Who is covered By a Protection Order?

Persons covered by a Protection Order include the victim, minor children of the victim, and designated household or family members. If the victim lives in Alabama, even if he or she has just moved here, he or she can petition the court for a Protection Order. A Protection Order is effective throughout the State as well as in other states. It is effective for one year, unless the judge specifies a longer or shorter time period. Also, any Protection Order issued by the court of another state shall be enforced as if it were an order of this state.

Generally, protection orders may be issued only if there have been one or more recent acts of abuse or threatened abuse. A judge may dismiss your petition if you claim that the abuse or threat occurred many months ago, or if you only think that something might happen in the future.

What Can a Protection Order Include?

After the Petition is filed, the judge must decide whether to issue a Temporary Protection Order based upon the allegations in the Petition. This temporary Protection Order may be granted by the judge without notice to the defendant and without a hearing. If an order is granted, it may include some or all of the following:

  • Order the victim's home or work address, the phone number, or other related information deleted from all records filed with the court concerning the Protection Order.
  • Restrain the defendant from committing or threatening to commit acts of abuse, or from harassing, annoying, telephoning, contacting, or otherwise communicating directly or indirectly with the victim, victim's minor children, or any other designated family or household member.
  • Order the defendant to stay away from the victim's residence and place of work, school or day care or any other specific place frequented by the victim or victim's minor children or by any other designated family or household member.
  • Award the victim temporary custody of any minor children and restrain the abuser from removing the children from the victim's custody. The order may be used to require law enforcement personnel to accompany the victim to get the children to protect the victim or the children from harm.
  • Remove the defendant from the residence, regardless of who owns the residence.
  • Prohibit the defendant from selling, disposing, destroying, hiding or mortgaging mutually owned or leased real estate or personal property.
  • Order other relief as necessary to provide for the safety and protection of the victim, victim's minor children and other designated family or household members.

Final Protection Orders

A hearing for a final protection order may be held upon the request of the defendant or within 10 days of service upon the defendant. At the hearing the plaintiff will need to prove, through testimony and evidence, that the abuse occurred. The defendant is allowed to be present and offer evidence against the allegations in the petition. Both parties may be represented by an attorney. After the hearing, the judge must decide whether to issue a Final Protection Order. If a Final Order is issued, it may contain any or all of the provisions in the Temporary Protection Order, and may also include:

  • Order specific child visitation for the defendant, which may include supervised visitation in the presence of a third party or withholding visitation completely.
  • Order the defendant to pay the plaintiff's attorney's fees and court costs.
  • Order the defendant to pay child support for the children.
  • Order the defendant to provide temporary support for the victim/spouse and grant the victim possession (not ownership) of the residence or household.
  • Order the defendant to provide the victim temporarily with a vehicle if the victim has no other means of transportation and the defendant has control of more than one vehicle or alternate means of transportation.

WHILE THE ABOVE RELIEF IS AVAILABLE, THE COURT IS NOT REQUIRED TO ORDER ALL OF IT IN EACH CASE. WHETHER THE JUDGE ENTERS AN ORDER, AND WHAT IS INCLUDED IN THE ORDER, WILL DEPEND UPON THE FACTS AND CIRCUMSTANCES OF EACH CASE. EVEN WITH A PROTECTION ORDER, THE VICTIM MAY STILL NEED TO FIND A SAFE PLACE TO LIVE. IF THE DEFENDANT VIOLATES THE TERMS OF THE PROTECTION ORDER, THE DEFENDANT MAY BE ARRESTED AND BROUGHT TO COURT.

What happens after the Judge signs the protection order?

After the judge signs a Temporary Protection Order, a date is usually set for a court hearing. The clerk's office will give to the Sheriff's Department a copy of the order signed by the judge, a copy of the PFA Petition, and a notice of the date of the court hearing. The Sheriff's Department will attempt to serve copies of these papers on the defendant. The plaintiff should ensure that the petition filed with the clerk has the defendant's work and home, day and night addresses, physical description, vehicle description, tag number of any vehicles owned by the defendant and other information that may be helpful in locating the defendant. It is necessary that the defendant be served with the court order before the court date. If not, the hearing may be postponed because the judge cannot take testimony from the plaintiff or witnesses until the defendant is officially served.

The plaintiff/victim must appear for the hearing. Failure to appear may result in your petition being dismissed, being responsible for payment of court costs or loss of child custody.

What should I expect at the hearing?

The defendant may appear and be represented by an attorney. If the plaintiff does not have an attorney, the plaintiff should be prepared to proceed with the case without one.

What happens if the Defendant violates the protection order?

Violations of a Protection Order may be punished as contempt of court and may be charged as a Class A misdemeanor for which the defendant/abuser may be arrested with or without a warrant. A Class A misdemeanor punishable by up to a year in jail and a fine up to $2,000.00.

I'm not sure I completely understand this procedure. Where can I go to get additional help?

While the plaintiff is not required to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences especially involving issues such as custody of children and property division. The Alabama State Bar Referral Service is available at 1-800-392-5660 for the names and phone numbers of attorneys who practice in the area of domestic relations. If the plaintiff cannot afford an attorney, the nearest Legal Services Office may be contacted.
 
Although a Protection Order can be an important tool in helping the police and the courts discourage domestic violence, it is a judicial order and not a shield which will stop bullets, knives or fists. Often when a defendant first gets a Protection Order served on him/her, they may seek to increase the pressure, threats and violence. It may be necessary for the victim to seek shelter or safe place or call the police. A local domestic violence shelter is available to offer assistance in developing a safety plan and in planning to leave a violent relationship. Crisis Services of North Alabama offers assistance through Hope Place. A phone call to the 24-hour crisis line number listed below can make a difference and will connect you to the shelter program in their area. For immediate assistance please call 1-800-691-8426.