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Know the Laws: Alabama

UPDATED July 23, 2013

Protection from Abuse Orders

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A protection from abuse order (PFA) is a civil order that protects you from abuse by a current or former intimate partner.  You cannot get a PFA against family members or household members who are not intimate partners.

Basic information

back to topWhat is the legal definition of domestic abuse in Alabama?

For the purpose of getting a protection from abuse order, Alabama law defines "domestic abuse" as the occurrence (actual or attempted) of one or more of the following acts between a current or former intimate partner:

You will notice that the petition for a PFA doesn't include "harassment" as a box to check off - however, if you read the legal definition of harassment, you can see how else you may be able to indicate harassment in one of the available check boxes on the petition.

* Ala.Code § 30-5-2(1)(a)-(i),(k)-(o)
* Ala.Code § 30-5-2(1)(j)

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back to topWhat types of protection from abuse (PFA) orders are there? How long do they last?

There are two types of orders:

Temporary (ex parte) protection from abuse orders. 
You can get a temporary ex parte protection order if the judge believes it is necessary to protect you or your children from abuse, or from the immediate and present danger of abuse.  You can get an emergency PFA without having to go through a full court hearing.  An emergency PFA can protect you from the time you file for the final order until your full court hearing can take place.  (However, by law, the judge can take three business days to decide whether or not to grant you an ex parte temporary order.) The full court hearing usually takes place within 10 days of your filing date.*

The advantage of an emergency PFA is that you can get one without the abuser present (known as an ex parte order). You can apply for an emergency PFA by going to the circuit court clerk in the county courthouse in your area. In some counties, you may be required to go to family court or domestic relations court. Tell the clerk you want to apply for an emergency PFA. You must complete the application form and you may be required to see a judge and explain why you need protection.

If the judge denies your request for an emergency PFA, you may still ask the judge to consider your PFA petition through the full court hearing process.  At the hearing, you would have a chance to present evidence and witnesses to prove that you were abused and the abuser has a chance to present the same to prove you were not abused.

Final protection from abuse orders. 
A final PFA can be issued at a hearing where the abuser is given notice of the hearing and has the right to be present.  At the hearing, both you and the abuser present evidence (tell your sides of the story) to a judge.  Final PFAs can be permanent (have no expiration date) unless the judge says otherwise or the order is later modified (changed).**

Once the hearing date is set for the final PFA, you must attend that hearing or else your temporary order may expire and you will have to start the process over.  If the abuser does not show up to that hearing, the judge may grant a final PFA or s/he may set a new hearing date.  If the judge sets a new hearing date, and you had an emergency PFA, make sure the judge extends the emergency PFA so that it is effective until the new hearing date.

Note: You may also want to think about seeking shelter while going through the PFA process. You can call the Alabama Domestic Violence hotline, 1-800-650-6522, or contact one of the AL State and Local Programs listed under the Where to Find Help tab at the top of this page.

* Ala. Code § 30-5-6(a),(b)
** Ala. Code § 30-5-7(d)(2)

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back to topHow can a PFA order help me?

In an emergency (ex parte) protection from abuse order, a judge may grant you:

  • Temporary custody of the children
  • Give you possession of a car and/or other personal items, regardless of ownership
  • Note: You can ask for a police escort to go with you to the home to remove your children or belongings from the home
  • Any other relief that is necessary to provide for the safety and protection of the victim, victim's minor children and other designated family or household members.

The judge can order the abuser to:

  • Stop committing (or threatening to commit) acts of abuse against you, your children and anyone else included in the order
  • Stop harassing, annoying, and stalking you and your children
  • Stop calling or contacting you and your children directly or indirectly (through a third party, for example)
  • Stop any conduct (or threatening any conduct) that puts you or your children in reasonably fear or physical injury
  • Stay away from your home, work, children's school and any other specific place that you go to often (assuming the defendant has no good reason to be there)
  • Be removed from your home, regardless of who owns the home
  • Not interfere with the custody of your children
  • Not destroy, sell, or conceal joint property.*

In a permanent protection from abuse order, a judge may order all of the protections of the emergency (ex parte) order listed above.  In addition, a judge can order the abuser to:

  • Give you possession (not ownership) of the family home and have the abuser evicted from the home -- or, if both parties consent, the abuser can provide "suitable alternate housing."  (This protection is only available if the abuser has a duty to support you or your children - i.e., if you are married or have children together)
  • Pay child support and/or spousal support
  • Pay your attorney's fees and court costs
  • Have supervised or unsupervised visitation with the child(ren), if appropriate (or s/he can get no visitation)
  • Provide temporary possession of the car to you if
    • you have no other transportation of your own AND
    • the abuser has more than one car OR has alternate transportation.**

Under federal law, the abuser likely cannot have or buy a gun while a permanent PFA order is in place against him/her. To read more, please see our Federal Gun Laws page.

* Ala. Code § 30-5-7(b)
** Ala. Code § 30-5-7(c)

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back to topIn which county can I file for a PFA order?

A petition for a protection from abuse order may be filed in any of the following counties:

  • Where you live;
  • Where the abuser lives;
  • Where you are temporarily staying if you left your residence to get away from the abuser; or
  • Where a civil court case is pending between you and the abuser.* 
Note:  if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.

* Ala. Code § 30-5-3(c)

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