A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Alabama Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
Restraining orders not only disrupt your life; they can also be damaging to your personal and professional reputation. A restraining order becomes part of the public record, meaning that anyone who runs a public record search online in the State of Alabama can find out about the case and the order.
Section 8-19-8 - Restraining orders (a) Whenever the office of the Attorney General or the office of the district attorney has reason to believe that any person is engaging in, has engaged in or is about to engage in any act or practice declared to be unlawful by this chapter, the Attorney General or the district ...
Restrain and enjoin the defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would place the plaintiff, minors, children of the plaintiff, or any other person designated by the court in reasonable fear of bodily injury or from contacting the plaintiff or children of the plaintiff.
A: A PFA order is entered against the Defendant, and not against the Plaintiff. So in most PFA situations, there is no violation if the Plaintiff contacts the defendant- unless the defendant responds.
Under Ala. Code § 30-5A-3, violating a protection order is a Class A misdemeanor which carries a sentence of up to a year of imprisonment and/or a $6,000 fine.
Ing to Ala. Code § 30-5A-4, an individual can be arrested for violating any provision that is listed in a protective order that has been formally served or has received sufficient notice that the protection order has been issued.
Harassment in Alabama Harassment is defined by Ala. Code Ann. § 13A-11-8(a) as touching or subjecting a person to physical contact with intent to harass, annoy, or alarm that person. Harassment also includes threats that a person intends to carry out that would cause a reasonable person to fear for his or her safety.
(a) A person commits the crime of violation of a domestic violence protection order if the person knowingly commits any act prohibited by a domestic violence protection order or willfully fails to abide by any term of a domestic violence protection order.