Legal Information

This page includes a combination of information from Harriet's House and the ACADV about Alabama Law and domestic violence, resources to legal help, and information and F.A.Q.'s about Protection Orders.

Alabama law supports victims of domestic violence in several ways:

IF YOU LEAVE YOU WILL NOT LOSE YOUR RIGHTS TO YOUR CHILDREN, YOUR HOUSE, OR YOUR BELONGINGS.

Abandonment is not grounds for a divorce until you are gone for a whole year.

Take the children with you - not only for their safety, but because it might be difficult to regain physical custody later without complicated court involvement. If you do take the children with you consult an attorney immediately to determine appropriate action.

Stay with friends or relatives. or call Harriet's House. All shelters in the State of Alabama accept children with their parent.

CIVIL OPTIONS

Protection Orders

Protection Orders were created as a result of the Protection From Abuse Act. If You can demonstrate that you are in immediate danger, the court can issue a protection order which can forbid the abuser from harrassing, contacting, threatening, or hurting you, as well as forbid the abuser from stealing your money. A protection order can grant the victim temporary custody of the children, the house, and even the family car. A protection order is enforceable by law enforcement.

There are do-it-yourself forms available at the county clerk's office, so you do not need an attorney to apply for a protection order. You may be eligible for free legal assistance through Harriet's House. The Advocates at Harriet's House can tell you if you meet eligibility requirements.

If a protection order is issued by the Court:

Provide law enforcement in your area with a copy of the protection order, and keep a copy of the order with you at all times. Call the police if your abuser violates any part of the court order. An offender who violates a protection order can be arrested at the scene. Although a protection order is enforceable by law enforcement, it is generally effective only when the abuser has respect for the law. Therefore, you need to continue to take other safety measures.

CRIMINAL OPTIONS

All physical forms of domestic violence are against the law in Alabama. The criminal charges can range from simple assault to stalking, rape, or murder. Many abusive partners are also guilty of harrassing communications, menacing reckless endangerment, or criminal coercion.

There are two ways to begin a criminal action against an abuser:

The police can bring charges if probable cause exists, and the abuser can be arrested when they are callled to the scene to investigate; or

The victim can bring charges by going to the magistrate's office to swear out a warrant for the abuser's arrest.

Swearing out a warrant: Contact the city magistrate of the abuse occurred within the city limits; call the county magistrate if the abuse occurred outside of the city limits.

Collect any evidence you have regarding the abuse. Examples of evidence are photographs of physical injuries or damages to personal property, medical records evidencing injuries sustained during the abuse incident, witnesses, etc. You should also provide a copy of the police report (I/O Report) from the police department. You will need to know the names and badge numbers of the officers who investigated and the law requires that the oficers give you that information. You do not have to have a police report to swear out a warrant, but it will assist the magistrate in determining probable cause to issue the warrant.

If the abuser is arrested, it does not mean that he or she will stay in jail for long. The abuser may post bond or be released pending trial. Make sure you will be safe when he or she gets out. Call HARRIET'S HOUSE if you do not have a safe place to go. When the abuser is released from jail, the court, through law enforcement, may impose conditions of release on the abuser. Similar to a protection order, these conditions may forbid the abuser from harrassing, contacting, threatening and hurting you. A Condition of Release is enforceable by law enforcement. If the abuser violates any of the court's conditions, he or she can be arrested and returned to custody until trial.

Hearings trials, and sentencing: Once the abuser has been arrested, the court will schedule an arraignment. As the victim, you have the right to be present at any hearing you want. At the arraignment, the abuser will plead "guilty" or "not guilty". If the plea is "guilty", the abuser may be sentenced right away. If the plea is "not guilty", the court will set a hearing date.

It is important for you to understand that the abuser's arrest does not necessarily mean that there will be a trial. Criminal charges are sometimes disposed of through plea bargaining In many criminal cases, the prosecutor, the defense attorney and the defendant reach an agreement on which the defendant agrees to plead guilty, and the prosecutor agrees to request a less severe penalty.

Trial: If the abuser pleads "not guilty" at the arraignment, the court will set a trial date. Unless he or she is being tried fora a felony in circuit court, there will not be a jury. Any evidence you have collected will help the prosecution, but the most important piece of evidence is always the victims testimony. If the abuser is convicted, he or she may be jailed, fined, placed on probation, and/or ordered to attend a domestic violence intervention program.

It is important for you to cooperate with the prosecutor. If your abuser has threatened you, let the prosecutor know. Many abusers threaten their victim so that the victim will ask the court to drop the criminal charges. Domestic violence is a crime, and it is important that the abuser be held accountable for his or her actions. Doing nothing, or not following through with criminal actions sends a clear message to the abuser that domestic violence is okay, and that he or she can and will get away with it.

Many local prosecutors have adopted a "no-drop" policy in domestic violence cases. This means that you cannot drop the charges - only the prosecutor can. If you are thinking of dropping the charges in a court that does not have a no-drop policy, please call HARRIET'S HOUSE for help with safety plans and community resources before you request that the charges be dropped.

You can arrange to have a HARRIET'S HOUSE advocate accompany you to court for hearings, swearing out a warrant, and applying for a protection order. Call 289-8988 or 800-650-6522 for more information.

Stalking: Stalking has been a crime in Alabama since 1993, but it is sometimes difficult to prove. If an abuser has stalked you in spite of a protection order, he or she can be charged with an even higher level felony. If you are being stalked, call the police, and document every incident of stalking. Write down the time and date of every harassing telephone call. Note every time the stalker appears at your work or home and save any notes he or she leaves you. You may need to use all of th above as evidence to prove that you are being stalked. For your own safety, tell people that you are afraid, and set up a network of family, friends, neighbors and co-workers. Obtain a protection order.

Victim's Compensation Fund
Alabama's Victim's Compensation Act allows the state to compensate victim's of family violence for certain expenses. The Victim's Compensation Fund can help pay for things like medical expenses, physical therapy, counseling, lost wages, attorney fees, and moving expenses. A victim's eligibilty can be determined by contacting the local Victims' Service Officer or an advocate of Harriet's House.

Legal Services Corporation of Alabama: Legal services based on income eligibility. NOTE: If legal services are required for application of a Protection Order, please contact HARRIET'S HOUSE for referral to the proper Legal Services Corporation office.

Marengo and Sumter Counties are served by the Selma Regional Office at:

1114 Church Street
Selma, AL
(334) 875-3370
1-800-644-6028

Greene County is served by the Tuscaloosa Regional Office at:
1351 McFarland Blvd. East
Tuscaloosa, AL
(205) 758-7503

Lawyer Referral Service: Sponsored by the Alabama State Bar, this is a learing house where attorneys register the types of cases they handle. You will be referred to a licensed attorney who will charge a small fee for an initial interview. Call for referral.

All counties: 1-800-392-5660

The remainder of this page is a duplicate of the FAQ information available at the Alabama Coalition Against Domestic Violence's web site concerning Protection Orders. A Protection from Abuse (PFA) Order provides a legal option for someone who is being abused or threatened by an intimate partner, or former partner. If you believe you may be in danger or need assistance, call the Alabama Domestic Violence crisis line. Help is available 24 hours a day, 7 days a week.

The following is general information about Protection From Abuse Orders. Harriet's House provides this information as a service to you and does not assume legal liability for its content.

FREQUENTLY ASKED QUSESTIONS about Protection From Abuse Orders, courtesy of the Alabama Coalition Against Domestic Violence.

What is a Protection From Abuse Order?
What can the Protection Order do?
How does a PFA help me?
Who can get one?
Why would I want a PFA?
Do I have to get a divorce or sign a warrant first?
I have a restraining order. How do I know if it is a PFA?
I'm in the middle of a divorce. Can I still get a PFA?
How do I apply?
What questions do I need to answer?
What information will I need?
What if I don't have this information?
How can I keep my address a secret from my abuser?
Do I need a lawyer?
What if I want a lawyer and can't afford one?
What does it cost?
What if I am in danger? Can I try to get one right away?
What will the emergency PFA order do?
Will I automatically get an emergency PFA?
What if the judge denies my request for emergency protection?
How long does the emergency PFA order last?
What happens at the final PFA court hearing?
Will I be safe in court?
What do I need to tell the judge?
What does a permanent PFA provide?
How long does a permanent Protection Order last?
What if I leave town?
What should I do if my abuser violates my PFA order?
Will my abuser go to jail?
How long will my abuser be locked up?
Does he have to abuse me to be arrested?
What are the penalties?
Will a PFA protect my safety?

1. What is a Protection Order?
A PFA is a circuit court order which provides legal protection for a person in or just out of an abusive relationship. With a PFA order, the police can intervene before your abuser harms you. Any violation of the PFA order is a crime.

2. What can the Protection Order do?
In the PFA, the judge can grant you:

Custody of the children.
Financial support.
Possession of property, such as the house or car.

The judge can prohibit the abuser from:

Abuse
Threats
Harassment
Telephone calls
Any contact with you or the children
Destroying property

The judge can order the abuser to:

Stay away from you
Stay away from your home, work, or school
Pay child support

3. How does a PFA help me?
If you have a PFA order, an abuser does not have to assault or threaten you to be charged with a crime. If the abuser violates the PFA order in any way, such as calling you when he is ordered not to, he can be charged with violating the order, which is a crime.

4. Who can get one?
You can file for a PFA if you have one of the following relationships with an abuser:

Married, regardless of living arrangements.
Divorced or separated.
Common-law or former common-law spouse.
Have a child in common.
Present or former household member.
Parent or child of each other.

5. Why would I want a PFA?

A PFA may be granted in a speedy manner. You can seek the order without an attorney.
The order complies with federal law and must be enforced in other states.
You do not have to prove you are a resident to obtain a PFA.

6. Do I have to get a divorce or sign a warrant first?
No, you do not have to get a divorce, be divorced or sign a warrant against your abuser to petition for a PFA order.

7. I have a restraining order. How do I know if it is a PFA?
The order must say that it is entered "pursuant to a petition for protection from abuse" or that "following a hearing the court finds that there exists a history of violence or abuse."

8. I'm in the middle of a divorce. Can I still get a PFA?
Yes. A PFA is an additional remedy for protection. A PFA petition could be filed and attached to your pending civil action, such as a divorce, without paying an additional filing fee. However, if you have an attorney, you should discuss this option before filing.

9. How do I apply?
A petition for a Protection from Abuse order can be obtained from the circuit court clerk in your county. In some counties you may be required to go to family court or domestic relations court. The circuit court clerk's office is located in the county courthouse. You must complete the application form and you may be required to see a judge and explain why you need protection.

10. What questions do I need to answer?
This form will ask several questions about you and the abuse incident(s) that led you to ask for protection. Be as specific as possible about the abuse and threats of abuse, including the abuser's language, your injuries and any destroyed property. If your abuser owns a weapon and has threatened to use it, include this information on your petition. Your local shelter program can provide you with information and assistance in applying for a PFA order. To contact your local shelter, call Alabama's toll-free crisis line number.

11. What information will I need?

A current address and phone number for the abuser, and if possible a work address and phone number, so that he can be served.
If you are the spouse of the abuser, the date and place of your marriage, divorce or separation.
A copy of any other current legal process or court case/order involving you and the person who has committed the abuse.
Copies of recent police and/or medical reports on recent domestic violence incidences.

12. What if I don't have this information?
Bring what you have and seek protection anyway.

13. How can I keep my address a secret from my abuser?
You can request that the court order the omission or deletion of your address on any information that goes to the defendant.

14. Do I need a lawyer?
No. The Protection from Abuse Order is a pro se order, meaning it can be filed without a lawyer. If you are seeking custody of children or possession of the home, you may wish to consult an attorney.

15. What if I want a lawyer and can't afford one?
You can request a listing of Alabama attorneys who specialize in domestic law from the Alabama State Bar, by calling 1-800-392-5660. If you have financial difficulties, you may qualify for assistance from Legal Services Corporation of Alabama. You can also contact your local shelter program, which may be able to recommend a lawyer.

16. What does it cost?
There is a filing fee that varies from county to county. If you can not pay the fee, you can complete an Affidavit of Substantial Hardship, indicating need, which may allow you to file without the fee, or to pay after the protection order is signed. The forms are also available from the Circuit Court Clerk.

17. What if I am in danger? Can I get one right away?
Yes. You can request an ex parte--meaning emergency--order from the court. If you need immediate protection, fill out the ex parte section of the form and tell the clerk you need an emergency order. The judge will be alerted to your request and will review it before the hearing is set. Ex parte means the judge considers your request without notifying or hearing from the abuser. You should also consider whether you should seek shelter while going through this process. Call the Domestic Violence hotline, 1-800-650-6522, for shelter or assistance.

18. What will the emergency PFA order do?
The emergency or ex parte order can give you temporary custody of your children. The judge can order the abuser to:

Stop threatening or committing acts of abuse.
Stay away from you and your children at home, work and school.
Not interfere with your custody of the children.
Stay away from the family home.
Not destroy, sell or conceal joint property.

19. Will I automatically get an emergency PFA?
No. It is up to the judge hearing your petition to determine whether to grant you an emergency PFA order. It is important to use as much detail as possible in the application, and to explain to the judge the danger you are in. Give examples, if possible.

20. What if the judge denies my request for emergency protection?
You may ask the judge to consider your PFA petition through the court hearing process, after the abuser has been served with a copy of your request and has an opportunity to respond.

21. How long does the emergency PFA order last?
The ex parte or emergency order lasts until your court hearing, which should be held within 14 days.

22. What happens at the PFA court hearing?
You will be asked to testify in court about the abuse and harassment you have experienced. The abuser will also be allowed to be present and testify in the hearing. If you have an emergency PFA, it expires the day of your hearing. If the abuser does not attend, your PFA may be granted or another court hearing may be set. If the judge does not extend the Protection Order, you should request that he do so before leaving the hearing, or as soon as possible afterwards.

23. Will I be safe in court?
You should be protected while in court. The person you are seeking protection from should not be allowed to abuse you while your case is being heard. If you believe you will not be safe entering or leaving the court, you should notify the court or law enforcement agency before coming or leaving. You can also arrive in the courtroom at least 30 minutes before the hearing, and contact the bailiff about your need. Consider taking a court advocate from a shelter program, or a family or friend with you, and driving an unfamiliar car.

24. What do I need to tell the judge?
You should consider gathering the following information, if it is available. All evidence, including your testimony, may be considered by the judge:

Your statement about abuse
Police/sheriff incidence reports (certified, if possible)
Tape-recorded messages or threats
Photographs of injuries
Pictures of damage to your home
Weapons used
Medical reports of your injuries (certified, if possible)
Witnesses who have seen or heard the abuse
Dates and times of incidents, a written journal
Torn clothing or other items
Injuries or threats to children
Injuries or threats of injury to pets

25. What does a permanent PFA provide?
The judge can order all the provisions of the ex parte or emergency order and can order your abuser to:

Pay attorney's fees and court costs.
Supervised or unsupervised child visitation, if appropriate.
Give up possession of the family home.
Provide temporary support for you and the children, if appropriate.
Provide a car for your transportation.

26. How long does a permanent Protection Order last?
The Protection from Abuse Order generally lasts one year from the date it is signed by the judge, unless otherwise specified. You can apply for an extension.

IT IS VERY IMPORTANT TO CARRY YOUR PROTECTION ORDER WITH YOU AT ALL TIMES. MAKE SEVERAL COPIES. LEAVE THEM IN YOUR CAR, AT WORK, AT SCHOOL, WITH FRIENDS AND FAMILY. GIVE COPIES TO ALL AGENCIES LISTED IN THE ORDER.

27. What if I leave town?
Your protection order can be enforced throughout the state and the U.S. If you move in state, provide certified copies of the order to the local sheriff and police. If you move out of state, also notify the circuit court.

28. What should I do if my abuser violates my PFA order?
You may call the police. Show them your protection order and tell them what happened. They can arrest the abuser for violating the order. You may also apply for a warrant for the abuser's arrest for violating the PFA order. If an arrest is not made at the scene, you may report the violation to the court that issued the order. Keep a journal of all violations, documenting incidents with dates and names of witnesses.

29. Will my abuser go to jail if he violates the order?
Your abuser can be arrested and charged with violating a PFA order. He may also be found in contempt of court and fined. Violation of a PFA Order is a Class A misdemeanor that carries with it a fine and possible jail sentence. If other criminal acts are committed, they may also be punishable by law. Penalties can increase for repeat offences.

30. How long will my abuser be locked up?
Your abuser can be arrested, but may be able to post bond. He must remain in jail for 12 hours unless first taken before a judge or magistrate for bail conditions. It is important that you have a safe place to stay when he is released.

31. Does he have to abuse me to be arrested?
No. Most PFAs prohibit the abuser from any contact with you. He can be arrested for calling you, following you, or coming to the home, work or school. He does not have to physically abuse you to be arrested.

32. What are the penalties?
Violation of a PFA Order is a Class A misdemeanor that carries with it a fine and possible jail sentence, as determined by the judge. If other criminal acts are committed in addition to violating the order, that may also be punishable as provided by law. Penalties may increase for second or subsequent offenses.

33. Will a PFA protect my safety?
It is dangerous to stay in an abusive relationship. Abuse becomes more severe and more frequent over time. However, leaving an abusive relationship is also dangerous. Be aware that while a PFA order provides a legal means for you to protect yourself from your abuser, it does not provide you with physical safety. It is important to work out a safety plan for you and your children. Your local shelter program can help you.

Domestic violence is a crime.
You are entitled to legal protection.

Protection Orders offer legal remedies to women who are abused. Remember, battered women are in the most danger when leaving or separating from a relationship.

Some safety tips: Keep a copy of your protection order with you at all times. Make copies of your order and post it at work or school. Give a copy to the police departments in your community. If you feel safe, tell your boss, minister, friends and family that you have a protection order against your abuser. Call the police if your batterer violates the order. Make sure the violation is documented. Charges can be filed against your batterer for violating a Protection Order. Call your local domestic violence program if you have any questions about your Protection Order. If you don't know your local shelter, call the domestic violence hotline 1-800-650-6522 to be connected to the program in your area.