Can the abuser have a gun?
Once you get a protection from abuse (PFA), there maybe laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- first, read the questions on this page to see if judges in Alabama have the power to remove guns as part of a temporary or final order;
- second, go to our State Gun Laws section to read about Alabama’s specific gun-related laws; and
- third, you can read our Federal Gun Laws section to understand the federal law that apply to all states.
You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website.
What should I do when I leave the courthouse?
Once you leave the courthouse, here is a list of things you might want to do:
- Make several copies of the protection from abuse order as soon as possible.
- Keep a copy of the order with you at all times.
- Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- One week after court, call your local law enforcement office to make sure they have received a copy of the order. If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
- Take steps to make a safety plan, which could include changing your locks and your phone number.
Ongoing safety planning is important after receiving the order. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not. It is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Tips page for more information. Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support. You can find local domestic violence organizations on our AL State and Local Programs page.
I was not granted a PFA. What are my options?
If you are not granted a PFA order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Tips page. You will find a list of AL resources on our AL Advocates and Shelters page.
You may also be able to reapply for PFA order if a new incident of domestic abuse occurs after you are denied the order.
If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. You can find some basic information on appeals on our Filing Appeals page. You can find legal referrals, free and paid, on our AL Finding a Lawyer page.
What can I do if the abuser violates the order?
You can call the police immediately, even if you think it is a minor violation. It can be a class A misdemeanor crime1 and civil “contempt of court” if the abuser violates the order in any way. The PFA order can be violated if the abuser does not follow every provision in the order. It is a good idea to write down the name of the responding officer(s) and their badge number(s) in case you want to follow up on your case.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our Domestic Violence Restraining Orders page.
1 Ala. Code § 13A-6-142(a)
How do I change or extend my order?
If you want to modify (change) your protection from abuse order, you must fill out the same form, (entitled “Petition for Protection from Abuse”), as you did during your original application. Go to the nearest Circuit or Family Court clerk and tell them you want to fill out a form to change your protection from abuse order.
Often times, final PFA orders are “permanent” so there is no expiration date.1 However, if your protection from abuse order has an expiration date, you can petition the court for an extension of the original order. You must apply for an extension before the original order expires. You will need to go to the Circuit or Family Court clerk to request an extension. You will probably have to fill out a petition similar to the one you filled out for the original order. Note: If you are getting a divorce, you can ask for a final protection from abuse order put into the divorce decree.
1 Ala. Code § 30-5-7(d)(2)
What happens if I move?
Your Alabama PFA order is automatically good throughout Alabama and in all US states. The federal law provides what is called “full faith and credit,” which means that once you have a qualifying criminal or civil protection order, it follows you wherever you go, including US Territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders - in some states, you need to register the order. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.
You may also read more about the rules for your state on the Enforcing an AL Protection From Abuse Order in Another State page.
Note: PFAs may be enforceable on military bases, and military protective orders may be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Protective Orders page for more information.