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Legal Information: Alabama

Restraining Orders

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Laws current as of
September 1, 2023

Who can file for an elder abuse protection order?

You can file for yourself if you are an elderly person who has been the victim of elder abuse as defined by law. If you are unable to file for yourself, the following people may do it:

  • a court-appointed guardian or temporary guardian;
  • a court-appointed conservator, which is someone who is legally responsible for someone else’s financial or medical decisions;
  • someone acting under power of attorney;
  • a health care proxy; or
  • an “interested person,” which is defined as someone who asks the court to:
  • safeguard your money and property (estate);
  • use your estate to take care of your needs; or
  • do something else for your benefit.1

1 Ala. Code §§ 38-9F-6(a); 38-9-6(h)

What are the steps to getting an elder abuse protection order?

The steps to getting an elder abuse protection order are similar to the steps for getting a protection from abuse order.

If someone is filing on your behalf, s/he must submit a sworn petition that gives facts about the abuse.1 After that, you will be notified that the petition has been filed.2

1 Ala. Code § 38-9F-6(b)
2 Ala. Code § 38-9F-6(d)

In which county do I file the petition?

You may file a petition for an elder abuse protection order in the circuit court in any of the following places:

  • where you live or have temporarily relocated to;
  • where the abuser lives; or
  • where the abuse happened.1

The court clerk should be able to provide the necessary forms to file the petition, for which there are no fees.2

1 Ala. Code § 38-9F-4(c)
2 Ala. Code § 38-9F-6(c), (f)