This is a sample temporary restraining order and family violence protection order issued in a family division case, wherein one party is restrained from possession of the marital estate, from disposing of certain property, from any physical or verbal assault on the other party and from any contact with the other party except through her attorney.
Huntsville Alabama Temporary Restraining Orders (Bros) and Family Violence Protection Orders (Capos) are legal measures designed to protect victims of domestic violence, harassment, stalking, or other forms of abuse in Huntsville, Alabama. These orders are enforced by the Madison County Circuit Court and aim to provide immediate relief and safety for victims, especially within households or familial relationships. Temporary Restraining Orders (Bros) in Huntsville Alabama are court orders issued on a temporary basis by a judge to protect individuals who believe they are in immediate and imminent danger. These orders can either require the abuser to refrain from contacting or approaching the victim or establish guidelines for child custody, visitation rights, or financial support. They can also grant exclusive use of a shared residence to the victim. Bros are typically valid for a short duration, usually until a hearing can be held to determine the necessity of a more long-term order. Family Violence Protection Orders (Capos) are specific restraining orders designed to protect victims who are involved in a familial or household relationship with their abuser. These orders offer individuals protection from family members, current or former spouses, dating partners, or individuals with whom they share a child. Capos could be obtained by victims of physical abuse, harassment, stalking, or threats. In Huntsville, Alabama, there are different types of Bros and Capos, each serving a specific purpose: 1. Emergency Protective Order (EPO): An EPO is issued by law enforcement officers, typically when responding to a domestic violence incident. It provides immediate protection to the victim and can last for up to 72 hours. EPOS are meant to bridge the gap until a victim can seek a more permanent restraining order through the court. 2. Ex Parte Order: An Ex Parte Order is issued by the court without prior notice or a hearing to provide immediate protection in emergency situations where a delay could lead to harm or danger. It protects the victim until a full hearing can be scheduled. 3. Preliminary Injunction: A preliminary injunction is a temporary court order issued after a hearing but before a final order is decided. It provides protection until a more permanent resolution can be reached. 4. Final or Permanent Protective Order: A final or permanent protective order is issued by the court following a full hearing where both parties present their case. It aims to offer long-term protection to the victim, typically lasting for several months or even years. These orders often include provisions for child custody, visitation rights, and financial support. It is important to note that the specifics and terminology of Bros and Capos can vary from state to state, and individuals seeking such orders should consult with legal professionals or resources specific to the Huntsville, Alabama region for the most accurate and up-to-date information.
