Experienced Hunstville Family Law Attorney Aids with Protective Orders
Decisive representation for petitioners and respondents
No one should have to live in fear. If you have been the victim of domestic violence or have a reasonable fear of imminent harm, Alabama law provides protection. At Sree B. Ravi, P.C., Attorney at Law, we help victims get orders of protection for themselves and their families. However, in ten years of family law practice, we have also seen protective orders used by petitioners who make false allegations of abuse to get the upper hand in divorce and child custody litigation. For this reason, we believe every person who is made the target of a protective order deserves a day in court. Therefore, we provide determined defense counsel as well.
What is a protective order?
Alabama’s Protection From Abuse Act provides limited protection for persons who have been threatened, harassed, or physically abused by a person with whom they have or have had a domestic relationship. Victims of domestic violence or stalking can file a petition for a Protection from Abuse Order, known informally as a protective order or restraining order. Targets of a protective order can include a:
- Spouse or former spouse
- Common-law or former common-law spouse
- Person with whom the petitioner has a child in common
- Present or former household member
The petitioner can formally request the following relief:
- Order restraining threats or actual abuse, and harassing, annoying, telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner and/or other persons
- Order restricting the defendant from approaching or entering the petitioner’s residence, place of work, or other designated locations
- Award of temporary custody of any minor children and restraint on the targeted person’s contact with the children
- Award child and spousal support
- Removal of the targeted person from the residence, regardless of who owns the premises
- Freezing any mutually owned or leased real estate or personal property
- Other relief as necessary to provide safety and protection
A petitioner may request an emergency temporary order ex parte, which denies the targeted person an opportunity to appear in defense. Soon after the issuance of the emergency order, the court holds a hearing to determine whether a permanent order, valid for one year or until the court-determined expiration date, should be issued.
Enforcement of protective orders in Alabama
When a court issues a protective order, it has the force of law behind it. Targeted persons who violate the provisions of a protective order face Class A misdemeanor charges, which can lead to a year in county jail and a $6,000 fine. An officer may arrest a targeted person without a warrant if there is probable cause to believe a violation has occurred. Orders validly issued from out-of-state courts are enforceable in Alabama.
How to get a protective order
You must go to family law court to get a protective order, but it is not a criminal matter, so you do not have to file charges. In your petition and your statement to the court, you must give specific details about alleged threats and/or abuse, including statements the targeted person made, property damage done, and injuries inflicted. It is generally helpful to have witnesses corroborate your testimony to the court.
The process for getting a restraining order is not complex, but it is emotionally trying. We provide the legal and emotional support you need to get through the process.
Contact a Huntsville family law attorney with protective order experience
If you are living in fear for yourself or your children, it is time to act. An order of protection can effectively deny an abuser access to your home, your place of business, and to you. Call Sree B. Ravi, P.C., Attorney at Law at 256-937-1540 today or contact us online to schedule a consultation at our Huntsville office.