Domestic violence is considered a serious offense in Alabama. Violence against your partner is a crime that falls under Alabama’s Protection from Abuse Act. A protective order is issued by the circuit court in your area to provide relief to the victim.
All the victim needs to do is go to the local circuit court and obtain a Petition for a Protection from Abuse order. Generally, it should be in force for a year and the petitioner will not need the help of an attorney and should not incur costs.
The order protects the spouse or partner, children, in-laws, and any person living with the victim from arson, assault, child abuse, criminal coercion, criminal trespass, harassment, kidnapping, menacing reckless endangerment, sexual abuse, stalking, theft, or unlawful imprisonment.
While it is just a piece of paper, with a protective order in place, if violated the victim calls the police and the order will result in the alleged abused being arrested, charged with violating the order, and possibly jailed.
If you have violated an Alabama protective order and are facing charges, you should not take this lightly. The court has the option to alter your life that may include taking away your ability to see the children, fines and jail time.
Meeting with an experienced Alabama defense attorney will help you map out your options including, but not limited to, gathering the evidence needed to present your best defense. Please do not hesitate to call Darley Law at 251- 732-7058 so we can begin that conversation.
What Does a Protective Order Say?
It’s not a perfect system in that the abuser has to violate the order first before action can be taken. But the document can be very specific on the movements the alleged abuser can or cannot take.
- The abuser is restricted from threatening, visiting, or communicating with the victim and any minor children.
- The abuser must stay a certain specified distance away from the victim, at home, school, work, and any children.
- The protective order may award the children under the age of 18 to the victim and award temporary child support.
- The order may require the accused abuser to move out of the house.
- The order may prevent the accused from taking the children from school or having visitation outside of the scheduled times.
- Under the order, the abuser will be prevented from hiding or selling jointly owned property.
- Under the order, the abuser may be required to pay the victim’s legal fees and court costs.
- The protective order may give the victim use of the abuser’s vehicle if she has no other vehicle.
- Under the order, not only the victim but other living in his or her household will also be protected.
- The court can order actions such as deleting the victim’s home and work address, phone number, and other information that can identify the whereabouts of her or him.
The final order is granted for one year or with an option of extending it by the court or by the protected party. The orders are enforceable under Alabama law and if an order is violated the defendant could face a doubling of the jail time as well as a hefty fine.
What are the Penalties for Violating a Protective Order?
In the case of a violation, the alleged abuser is facing a Class A misdemeanor and is subject to arrest without a warrant. The victim just has to call law enforcement if there is a violation and those orders will be enforced.
If the protective order, also known as a restraining order, is issued outside of Alabama, our state will enforce the order. Under the federal Violence Against Women Act as well as Alabama law, orders are widely enforced. The temporary order may become permanent after a hearing before the judge.
Now is not the time to go it alone. Without representation you could find yourself jailed, facing heavy fines, and kept from your children without supervision.
Darley Law has the experience helping defendants present the evidence that puts their case in the best possible light. Let our experience help you fight to preserve your rights to gain the best possible outcome for your case. Call our office at (251) 732-7058 so we can begin to map out a plan.