A Protection From Abuse Order is a court order issued based upon a petition filed under the Protection From Abuse Act (PFA) which provides for limited protection for persons who have been threatened, harassed, or physically abuse by a spouse, former spouse, common-law or former common-law spouse, parent, child, person with whom the you have a child in common, or a present or former household member.
Protection orders are orders issued by circuit courts to provide protection and relief to victims of domestic violence. Victims who need protection may go to the local circuit court and request a Petition for a Protection From Abuse Order from the circuit clerk. Victims may file this petition without costs and without assistance from an attorney. However, protection orders may involve long term legal consequences or safety issues so victims are strongly encouraged to contact a lawyer or a domestic violence advocate in their local area before filing for a Protection Order. Contact information may be found at the ACADV website, www.acadv.org or by calling the Domestic Violence Hotline 1-800-650-6522.
A victim may request an emergency temporary protection order if needed. Otherwise a final protection, if granted, is valid for one year or until the court determined expiration date.
Orders issued by Alabama Courts are enforceable under Alabama law. A willful violation of a protection order is a Class A misdemeanor and the officer may arrest without a warrant when there is probable cause that the defendant has violated a valid protection order. Victims should immediately contact local law enforcement if their order is violated.
Under the federal Violence Against Women Act and Alabama law, valid protection orders should be given full faith and credit. This means that if a protection order is issued in another state and the victim is in Alabama, Alabama will enforce the valid protection order. Violations of valid protection orders from other states are enforced as if the order were issued by an Alabama court. Law enforcement may arrest without a warrant for any violation of the valid protection order and the punishment upon conviction is a Class A misdemeanor.
Victims may register their out-of-state protection orders by taking a certified copy of the order to their local circuit clerk’s office and requesting that the order be entered into the Alabama Protection Order Database. This is NOT a requirement for enforcement. However, victims should always keep a copy of their protection order with them at ALL times to prove the existence of the order if the defendant violates it. Victims may also choose to give copies of the protection order to their local city police and sheriff departments.
If you need assistance with obtaining a protection order you may contact your local domestic violence program but please be aware that most domestic violence programs do not have attorneys on staff and are prohibited by law from giving legal advice. If you have children or have other legal needs please contact your local Legal Services office.