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Alabama Restraining Orders Step 1: Go to court to get the petition. Step 2: Fill out the necessary forms and file them with the clerk. Step 3: Go in front of the judge for the ex parte hearing. Step 4: Service of process. Step 5: The final PFA hearing.
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 ...
- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
If either party were to enter any public place, like a grocery store, restaurant, or event venue, and see each other, the accused would need to leave immediately. Any contact the accused has with the alleged victim, no matter where it is, can be seen as a CPO or NCO violation.
If you respond at all, the person can report your violation to the police and this could result in CRIMINAL CHARGES. Depending on your history, it could result in a FELONY CHARGE. A response of ?stop texting me?, ?I love you?, or ?I'm sorry? can result in criminal charges. Even a pocket dial!
A "No Contact Order" is put in place when someone is charged with a crime, it prevents the Defendant from having contact with any of the alleged victims of the crime and/or others depending on the relationship to the defendant and the Courts assessed risk.
Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.
These Alabama state court system records are available to the public and can even be accessible with a simple web search. This means that a protective order could appear on any employer background check or even by friends and family. You could face the lifetime label of being ?an abuser? without a fair defense.
Usually they are not charged. A no contact order violation by a victim is not a violation of a court order.