Alabama Temporary Restraining Order and Family Violence Protection Order
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FAQ
Violating the protection order by committing an act of abuse (assault, child abuse, harassment, sexual abuse, stalking, theft, trespassing, unlawful imprisonment, etc.) will be punished as a Class A misdemeanor. Additionally, a person can be found in civil contempt of court for not following the order.
Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.
A temporary restraining order (TRO) is a legal document issued by a judge before trial that forces or prevents an action for a specified time frame. During court cases that involve trademark infringement or the use of a trade secret, a TRO can halt patent, copyright, or trademark infringement in the short term.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order.If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable.
A restraining order can be issued by either a criminal or civil court in Alabama. If it is issued by a criminal court, this means that the perpetrator also has criminal charges pending. With a civil court case, you aren't asking that the person be jailed, but rather that they stay away from you and stop the abuse.
No. A victim who has an order of protection (temporary or final) cannot violate his/her own order or be arrested for violating such order.
A court order that lasts only until the court can hear further evidence. A Temporary Restraining Order (TRO) is a court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction.
A criminal no contact order will typically prevent the defendant from any contact with the victim or witnesses. The defendant will not be permitted to contact the victim or witnesses in person, via telephone, email, text messages, written mail, or through third party contact.
If a person is subject to a restraining order and violates it, he or she can face serious penalties.Even if the parties no longer desire the restraining order to be in effect, the restraining order is still valid and enforceable while in effect. In order to remove it, the restraining order must be lifted by the court.