Birmingham Domestic Violence Lawyer

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At Alabama Divorce & Family Lawyers, LLC, we are highly experienced in handling all civil matters regarding restraining orders in Alabama. Contact us online or call (205) 255-1155 to request a free consultation. There is no risk in speaking to a Birmingham family lawyer about your options.

If you are not ready to call an attorney, yet you have questions, do not hesitate to submit them to our discussion forum where you can receive answers from Alabama residents and attorneys.

A Domestic Violence Attorney Can Help Obtain or Defend Against a Restraining Order

If you or your children have been harmed by a family member, spouse, or person with whom you have a romantic or sexual relationship, then you should seriously consider speaking with a lawyer about getting a restraining order. At Alabama Divorce & Family Layers, LLC, we have helped many men and women protect their health and safety by representing them in domestic violence cases.

Our lawyers can help you by:

  • Reviewing your situation for eligibility for a restraining order;
  • Analyzing the appropriate jurisdiction to file for a restraining order;
  • Handling the paperwork and filing requirements for an emergency or long-term restraining order;
  • Representing you during all court hearings;
  • Preparing you for testifying in court regarding your experience;
  • Asking the judge to order the defendant from refraining from certain types of conduct that you are most afraid of;
  • Representing you in enforcing a restraining order;
  • Representing you in asking the court to extend a restraining order.

Our domestic abuse lawyers at Alabama Divorce & Family Lawyers, LLC can also help when you are on the other side of the situation. Restraining orders are serious, legally binding court orders that can damage your personal and professional reputation. If children are involved in the situation, it could impact your child custody and visitation rights. If you are going through a divorce, your spouse may use a restraining order to gain a financial advantage. There are far too many reasons for someone to wrongfully accuse you of domestic violence.

If you are falsely accused of abuse, contact us right away. We will thoroughly investigate your situation, gather evidence that you did not commit abuse, and build you a strong defense in court. Even if the other party was able to obtain an emergency court order against you, there is still an opportunity to defend against a long-term restraining order.

Whenever you have questions about restraining orders in Alabama or how an attorney at Alabama Divorce & Family Lawyers, LLC can help, feel free to post a question on our community discussion forum or request a free initial consultation.

Protective Order vs. Restraining Order

Through movies and television shows, or friends and family throughout the U.S., you may hear about restraining orders. This is a generic term for a court order that requires someone to stay away from and not contact you. If you have one or more children, they may be included in the restraining order.

Alabama does not use the term restraining order. Instead, a court order to keep someone away from your child and you is called a protection from abuse (PFA) order or a protective order. However, you will see many law firms and attorneys refer to these orders as restraining orders for simplicity’s sake.

If you have any questions about restraining orders in Alabama, do not hesitate to contact a domestic abuse lawyer at Alabama Divorce & Family Lawyers, LLC. You can also submit your questions to our discussion forum where you may receive answers from other individuals and attorneys.

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Reasons to Get a Restraining Order

The most prominent reasons to obtain a restraining order in Alabama is to try and keep yourself and your children safe. A PFA order is intended to dissuade another person from continuing their harmful and criminal conduct toward you or your children. You may seek a long-term or emergency protection order when you or your children have been the victim of domestic abuse.

Under Ala. Code 30-5-2, acts of domestic violence include:

To be domestic abuse, the conduct must occur between you and someone with whom you have a personal relationship with or had a personal relationship with in the past.

Domestic violence can occur between individuals who:

If you were victimized and harmed by your parent or stepparent, child or stepchild, boyfriend or girlfriend, spouse, domestic partner, other parent of your child, or a family member of your live-in partner, then you should speak with a domestic violence lawyer right away. You may have the right to go to court an obtain a domestic violence restraining order.

Can You Get a Restraining Order for Harassment?

Yes, you can get a harassment restraining order if you have been the victim of harassment, which has made you fear for your safety and well-being.

Harassment is defined in Ala. Code 13A-11-8 as: A person, with the intent to harass, annoy, or alarm another:

Harassment also includes any verbal or non-verbal threat, made with the intent to carry out the threat, which would cause any reasonable person who is the target of the threat to fear for their safety. Harassment can be conducted through communications in person, over the phone, through mail, or through any other form of written or electronic communication. In this day and age, it is very common for harassment to take place online, through text message, and through mobile apps.

If you have been the victim of harassment online, contact Alabama Divorce & Family Lawyers, LLC to discuss electronic harassment protection. We can seek a restraining order for you and ask the judge to prohibit the defendant from contacting you through any electronic means.

How to Seek a Protection Order in Alabama

If you are interested in obtaining a protective order for you and/or your children, you should speak with a domestic violence lawyer. An attorney at Alabama Divorce & Family Lawyers, LLC will review your situation and advise you on the likelihood of obtaining an emergency or long-term PFA order.

If we believe you have a case for a restraining order, we will review the appropriate jurisdiction to file the petition. You can file in the county where you or the other party lives, you temporarily reside because you left your residence due to abuse, the abuse occurred, or a relevant civil matter is pending.

When you fear for your safety right now, we will immediately file a petition in court for an emergency protective order. We will also work with you and community resources to ensure you get to a safe place, and if necessary, receive medical care. If you were the victim of a crime, we can contact the police on your behalf.

Going through an emergency PFA order hearing can be challenging, which is why it is best to have an experienced and supportive lawyer by your side. The petition we file must contain a description of the abuse you have suffered and information on why you remain in fear of the defendant. You may be required to testify regarding the abuse to the judge. In an emergency situation, the court can conduct an ex parte hearing in which the defendant is not present. However, if you wish to obtain a long-term restraining order, you will need to attend a hearing in which the defendant is present and has the right to argue against the protective order.

The overall process for obtaining a PFA order in Alabama includes:

While you can go through this process alone, we do not recommend it. Instead, contact a Birmingham domestic violence lawyer to improve your chances of obtaining a restraining order.

Defending Against a Protective Order

At Alabama Divorce & Family Lawyers, LLC, we believe in both the importance of protective orders for domestic abuse victims and due process for those accused of violence. If you have been falsely accused of domestic violence and have received notice that another person is requesting a restraining order against you, contact us right away about defending against a protective order. We have a number of strategies we can utilize to prove the plaintiff’s accusations are false. We may utilize your own testimony, witness testimony, and character references to establish that you have never been physically or psychologically abusive. Also, we will cross examine the plaintiff during the PFA order hearing, and we may be able to demonstrate that person’s lies, misrepresentations, or inconsistencies for the court.

Child Abuse by Someone You Trusted

All too often we are contacted about restraining orders for children. It is not the adult who is in fear for their safety. Instead, a parent is afraid for their child due to clergy, teacher, or other institutional abuse.

If you have learned that your child has suffered physical, psychological, and/or sexual abuse at the hands of a teacher, school employee, tutor, coach, religious leader, or medical or mental health professional, contact our domestic violence lawyers immediately.

We will help you work with the police to ensure the person who harmed your child is appropriately investigated and charged with a crime. We can also represent you in a civil lawsuit against the perpetrator through which you can seek compensation for your child’s physical and emotional injuries.

During these types of criminal and civil cases, the courts are often concerned with serving the child’s best interests. To protect a minor and determine what is best for them, the court may appoint a guardian ad litem. This is a professional legal advocate for minors.

Do Not Hesitate to Contact Alabama Divorce & Family Lawyers, LLC for Help

If you believe you need a restraining order to protect yourself or your child, or if someone is wrongly attempting to gain a protective order against you, contact us immediately. As family law attorneys and criminal defense attorneys, we are highly experienced in handling civil protection order matters or restraining orders related to criminal charges. Call us at (205) 255-1155 or use the online contact form to schedule an initial consultation.

At Alabama Divorce & Family Lawyers, LLC, we believe it is vital for you and other Alabama residents to have access to accurate legal information. That is why we created the discussion forum. You can submit questions and receive answers from residents and attorneys.

Additionally, if your domestic violence matter is related to a divorce, we recommend contacting us regarding representation for your divorce. We also offer an automated divorce self-help system for a small fee, which gives you access to legal information, forms, and legal help throughout the divorce process.