Alabama Protection From Abuse (PFA) Orders

What are Protection From Abuse Orders:

Protection from abuse orders in Alabama are appropriate when there is evidence of abuse or an immediate and present danger of abuse. Under the Alabama Protection from Abuse Act, courts may issue temporary ex parte protection orders to protect the plaintiff or children from abuse upon a showing of good cause.

These orders are effective until the final hearing date and may be extended if the final hearing is continued  § 30-5-6. Hearings — Temporary orders., § 30-5-7. Remedies generally.

Abuse is broadly defined to include acts such as assault, harassment, stalking, and other criminal acts directed toward the plaintiff  § 5.09 Domestic Abuse., § 6.04 Spouse.

Final Protection Orders

Final protection orders may be issued after notice and a hearing, even if the defendant does not appear. These orders can include various forms of relief, such as restraining the defendant from contacting the plaintiff, removing the defendant from the residence, awarding temporary custody of children, and other measures deemed necessary for the safety and welfare of the plaintiff and children  § 30-5-7. Remedies generally., § 30-5-1. Title — Liberal construction and purposes.

The Act is designed to provide maximum protection to victims of domestic violence and is liberally construed to achieve this purpose  § 30-5-1. Title — Liberal construction and purposes., Placey v. Placey, 51 So. 3d 374.Standing to file for a protection order includes individuals who are victims of abuse or have reasonable cause to believe they are in imminent danger of abuse. Petitions must allege specific incidents of abuse and facts supporting the request for relief  § 30-5-5.

Courts have jurisdiction to issue protection orders in various contexts, including as part of pending civil or domestic relations actions, or as independent civil actions. Venue is proper where the plaintiff or defendant resides, where the plaintiff is temporarily located to avoid abuse, or where the abuse occurred  § 30-5-3. Jurisdiction — Manner of seeking and filing protective orders — Pending proceedings preclude final orders.

If you are in immediate danger call the police. If you are the victim of abuse call or email Apex Law LLC today.