Domestic Violence &
Protection from Abuse
Domestic violence under Alabama law includes assault, harassment, or any felony which occurs between current or former spouses, people who have a child together, parents and their children, relatives, or any household members.
It is important to know that an assault can be committed under Alabama law with a threat or other action that puts someone in fear of being harmed if the person intended to cause the fear and had the ability to carry out the threat. Actual physical contact or violence is not required to commit an assault.
If you have been subjected to domestic violence, we can help you get a temporary protection from abuse order and represent you at a hearing to put a Protection From Abuse Order (PFA) in place for a year, three years, or permanently if needed.
How does an Alabama Protection From Abuse Order Work?
A petitioner may request an emergency temporary order ex parte, which denies the targeted person an opportunity to appear in defense. Soon after the emergency order is issued the court will hold a hearing to determine whether a permanent order, valid for one year or until the court-determined expiration date, should be issued.
A Protection From Abuse order can require the abuser to turn in any guns or weapons, order or modify child custody or child support, including granting exclusive use of the family home or vehicle to one party alone.
Typically, once crimes are defined as domestic violence crimes, punishments tend to be more severe. Alabama laws try to protect those people perceived as domestic violence victims.
The person subject to the order can challenge the imposition of a PFA at a hearing and can be represented by an attorney.
What if I am Subject to an Alabama Protection From Abuse Order?
The person subject to an Alabama Protection From Abuse order can challenge the imposition of a protective order at a hearing and can be represented by an attorney. In addition to representing person seeking a protective order, we also represent person challenging an order when the allegation of domestic violence is based on a misunderstanding or is being purposely misused to gain an advantage in an Alabama divorce or child custody dispute.
Whether seeking or opposing a domestic violence protective order, strong, effective legal representation is key to your success. You need a lawyer who not only practices family law but also is a criminal defense attorney. Our lawyers do both exceptionally well. Contact our firm today for help.