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What To Know About Restraining Orders And Injunctions In Alabama

If you are in an unsafe environment with a spouse or partner and need to find safety, it’s strongly advised you speak with a Birmingham divorce attorney as soon as possible.

Over 15 Years Of Experience To Help You

At Gossman Law Firm, LLC, in Birmingham, attorney Richelle Gossman knows the importance of moving quickly to aid those who need the protection the legal system can provide. With over 15 years of experience handling a wide range of family law matters, you can be rest assured that you’re putting an experienced advocate on your side who will fight to protect your best interests.

Finding protection from an abusive spouse, partner, roommate or another party can be an intimidating task. Not only is it difficult to physically get away from them but compelling them to stay away could be even tougher. When you have been the victim of domestic violence, you shouldn’t hesitate to put the law on your side by obtaining a restraining order — a mandate that says if your abuser violates any of its terms, they are subject to criminal consequences that could include fines or jail time.

Once an order of protection is issued, any violation of the specified provisions can result in an arrest and trial. Restraining orders provide protection not only to the victim but also to the children and household members. The maximum penalty for the willful violation of a protection order in the state of Alabama is one year in prison and a $6,000 fine. Restraining orders are valid for the duration specified even if the victim moves to a new state.

A protection order can:

 

  • Order the defendant to stay away from the home, school and workplace
  • Order the defendant to vacate residence shared with the victim
  • Award temporary custody of children to the victim
  • Order limited or no contact with children
  • Order no disposing or selling of property
  • Provide requirements for covering legal fees

Securing A Restraining Order Protection Against Domestic Abuse

In Alabama, you may file for a restraining order only in a limited number of situations. However, if you qualify for one of these orders, you can obtain temporary protection quickly and then work to make the protection permanent if you believe your situation may warrant it. You may obtain a restraining order if:

  • You have been the victim of abuse or domestic violence
  • If you have reasonable cause to believe you are in danger of becoming the victim of abuse

Restraining orders almost always start out as temporary but can be made permanent later at a hearing where both sides present why the order should or should not be allowed to continue. This means you should have a Birmingham domestic violence attorney on your side to make sure your rights are protected from an abuser.

Talk To A Divorce Attorney About Utilizing A Restraining Order

Share the details of your situation over a free case evaluation. Call 205-606-6896 to talk with Richelle in greater detail about your options.

Disclaimer: The following language is required by rule 7.2 of professional conduct: “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.”