When a relationship has become abusive, or there is the threat of abuse, the Alabama courts have the ability to grant a restraining order. If you find that you are on the receiving end of abusive or threatening behavior, you have the right and are encouraged to seek this legal protection.
A restraining order is a legal document issued by the Alabama courts that orders one party to stay away from another. Also referred to as a protective order, this mandates that the person named refrain from contacting you and stay a certain physical distance away from you at all times.
In Alabama, any adult can request a protective order on their own behalf or on behalf of minor children. The person named in the order can be a current or former romantic partner, family member, or another household member. The order itself will protect you from further harm from the perpetrator.
A restraining order is designed to protect victims of abuse from further harm by prohibiting the abuser from engaging in certain behaviors. Depending on the type of restraining order issued, the abuser may be prohibited from contacting the victim in any way; coming near their home, workplace, school, or other places they frequent; possessing firearms; and more.
The process of filing for a restraining order varies depending on where you live and what type of protection order you are seeking. Generally speaking, however, there are four steps involved in filing for a restraining order:
Fill out paperwork at your local courthouse: You will need to fill out paperwork at your local courthouse that outlines why you need protection and what type of protection you are seeking (e.g., temporary vs permanent).
Attend a hearing: Once your paperwork has been filed with the court, you will need to attend a hearing before a judge who will decide whether or not to grant your request for protection. At this hearing, both parties will have an opportunity to present evidence and make arguments about why they should or should not receive protection under the law.
Receive notification: After the hearing has concluded, the judge will issue an official ruling on whether or not to grant your request for protection and notify both parties of their decision via mail or email.
Follow up: Once your request has been granted by the court, it is important that you follow up with law enforcement if necessary and take any additional steps needed to ensure that your safety is protected (e.g., changing locks at home).
If granted, it is important to understand what rights come with having a restraining order against someone else. Generally speaking these rights include being able to stay away from each other and not communicate with one another either directly or indirectly through third parties such as friends or family members; not being allowed within certain distances from each other; not being allowed near places such as workplaces; not being allowed near children; and/or not being allowed access to shared property such as cars or homes.
It is also important to note that violating a restraining order can result in serious consequences including fines and/or jail time depending on the severity of the violation. Therefore it is important for both parties involved to understand their rights under the law so that they do not inadvertently violate any terms set forth by the court when granting them protection under a restraining order.
Filing for a restraining order against an abusive individual can be intimidating but it is often necessary in order to protect yourself from further harm and abuse. In cases of financial abuse, you might need to talk to a local bankruptcy attorney in Alabaster. By understanding who is eligible for a restraining order and how to file one correctly, victims of abuse can take action towards protecting themselves and ensuring their safety going forward.