Know the Laws: Alabama
UPDATED September 10, 2008
Your out-of-state protective order or restraining order may be enforceable in Alabama.
- Getting your out-of-state or tribal protective order enforced in Alabama.
- Enforcing Custody Provisions in Alabama
- Registering your Out-of-State Order in Alabama
Getting your out-of-state or tribal protective order enforced in Alabama.
back to topCan I get my protection order enforced in Alabama? What are the requirements?
Yes. Your out-of-state protection order can be enforced in Alabama as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
back to topCan I have my out-of-state protection order changed, extended, or canceled in AL?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Alabama.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. Find out if this is possible in your state by calling the clerk of the court that issued your order. To find out more information about how to modify a restraining order, see the "How to Get a Restraining Order" page for the state where your order was issued.
If your order does expire while you are living in Alabama, you may be able to get a new one issued in Alabama but this may be difficult to do if no new incidents of abuse have occurred in Alabama. To find out more information on how to get a protective order in Alabama, visit our AL Restraining Order page.
back to topWhat can I do if the court that issued my order tells AL that my order has changed or is longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Alabama cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in AL. You will find information on legal assistance and domestic violence organizations in Alabama on the AL State and Local Programs page.