What are some reasons that a spouse would need a protection from abuse order in a divorce? Alabama courts have taken the issue of domestic violence very seriously in order to punish and prevent the abuse of victims within the state. Sometimes you need your divorce lawyer in Decatur or wherever you reside to file such a petition with your divorce Complaint.
In Alabama there is statutory protection from abuse act which was enacted “(1) to assure that victims of domestic violence the maximum protection from abuse that the law can provide; (2) to create a flexible and speedy remedy to discourage violence and harassment against family members or other with whom the perpetrator has continuing contact; (3) to expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of domestic violence and to prevent further incidents of abuse; (4) to facilitate equal enforcement of criminal law by deterring and punishing violence against family members and others who are personally involved with the offender; (5) to recognize that battering is a crime that will not be excused or tolerated; (6) to provide protection orders to prevent domestic abuse and provide for court jurisdiction and venue; to provide for court hearing petitions for relief; to provide for the contents and the issuance of protection orders; and to provide penalties for violation of protection orders.” Ala. Code § 30-5-1.
Thus, under this statute, those who are victims of domestic abuse have the opportunity to receive protection from abuse. This protection from abuse can be applied to spouses and children who are or believe to be in immediate danger of becoming a victim of abuse. There are a number of reasons that a divorce attorney in Trussville would file for protection from abuse such as assault in any degree, any kind of sexual misconduct, kidnapping, stalking or criminal trespass. Assault is one of the main reasons that one would seek protection from abuse. Under the act you can order the abuser to stop calling or contacting you in any ways, stop any actions that put you or your child in danger of physical injury, stop stalking or harassing you or even remove the abuser from your home.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!