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Legal Information: Alabama

Restraining Orders

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Updated: 
September 1, 2023

Who is eligible for a protection from abuse (PFA) order?

You can be eligible to file for a PFA order if you have been the victim of “domestic abuse,” as defined by Alabama law1 and you have one of the following relationships to the abuser:

  • you are related by marriage to the defendant, including a common law marriage;
  • you had a former marriage or common law marriage with the defendant;
  • you have a child in common;
  • you are currently in a dating relationship with the abuser or your dating relationship ended within the last 12 months; 
  • you are a current or former household member of the abuser, which means you lived together while having a romantic or sexual relationship;
  • the abuser is a relative of your current or former household member as long as that person also lives/lived with you; 
  • you are the parent, step-parent, child, or step-child of the abuser and you live/lived together; or
  • you are the grandparent, step-grandparent, grandchild, or step-grandchild.2

Note: To file, you must be 18 or older or otherwise emancipated.  A parent, legal guardian, “next friend,” or the State Department of Human Resources may file on behalf of a minor or any person prevented by physical or mental incapacity from seeking a protection order.3 For more information on filing for a minor, please see Can a minor get a PFA order?

1 Ala. Code § 30-5-5(a)(1)
2 Ala. Code § 30-5-2(3), (7)
3 Ala. Code § 30-5-5(a)

Can a minor get a PFA order?

A parent, legal guardian, “next friend” or the State Department of Human Resources may file on behalf of a minor or any person prevented by physical or mental incapacity from seeking a protection order. To file a petition for a protection order on one’s own, the petitioner must be 18 or older or an emancipated minor.1

If you, the adult, are filing a petition on behalf of a minor child who is living at home and the petition is against the child’s parent, step-parent, or legal guardian, you must:

  • have been an eyewitness to the specific acts of abuse or circumstances alleged in the petition;
  • have affidavits from eyewitnesses of the specific acts of abuse or circumstances alleged in the petition; or 
  • have direct physical evidence of the specific acts of abuse or circumstances alleged in the petition.2

If you are filing on behalf of a minor child who is living at home and the petition is against someone other than a parent, step-parent, or legal guardian of a minor child, you must have reasonable cause to believe that the minor child is a victim of the acts of abuse or circumstances alleged in the petition.2

1 Ala. Code § 30-5-5(a)
2 Ala. Code § 30-5-5(c)

How much does it cost to get a PFA order?

There is no fee to file for, modify, withdraw, or serve a protection order. There can also be no fee charged to issue a subpoena for witness testimony. However, the judge has the right to order the abuser to pay costs and fees.1

1 Ala. Code § 30-5-5(g)

Can I get a protection from abuse order against a same-sex partner?

In Alabama, you may apply for a protection from abuse order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who is eligible for a protection from abuse (PFA) order? You must also be the victim of an act of domestic abuse, which is explained in What is the legal definition of domestic abuse in Alabama?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Do I need a lawyer to get a PFA order?

You can represent yourself (“pro se”) throughout the process of seeking a protection from abuse order.1  Although you do not need a lawyer to file for a PFA, it may be to your advantage to seek legal counsel especially if the abuser has a lawyer, when child custody issues are at stake, or during the court hearing for the final order.  If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the AL Finding a Lawyer page.

In addition, the domestic violence organizations in your area may help you fill out the necessary forms. To find a local domestic violence organization, go to AL Local Programs.  

If you are going to be in court by yourself, go to our At the Hearing page for ways to prepare yourself for your court hearing.

1 Ala. Code § 30-5-5(e)

I am not eligible for a PFA order. What can I do?

If you are not eligible for a PFA order, there are still some things you can do to stay safe. A local domestic violence program in your area can help you develop a safety plan and connect you with other resources you may need. For safety planning information, go to our Safety Planning page. 

Even if you do not qualify for a PFA, the abuser may have committed a crime against you. For example, stalking, trespassing, harassment, and assault are against the law. You have the right to report the incidents to the police. You can read more about crimes in Alabama on our Crimes page.