Can I get a Protection from Abuse Order in place early in my divorce if I have an abusive husband? If you or your children are being abused by your husband, you may want to get protection from abuse in order to protect yourself and your children. This is something that you can consult your divorce attorney about early in your Shelby County divorce. If you are in serious danger you need to reach out to local law enforcement. Spousal abuse is something that is taken very seriously in Alabama and there are many measures put into place to ensure that you and your children are safe.
A protection from abuse order is an order from the court that protects a spouse and children from an abuser. This occurs when a spouse or child has been abused or threatened. This is a way for the court to step in and take measures to ensure that the abuse does not continue. If you are going through a contested or uncontested divorce and are experiencing abuse, you should reach out to an experienced divorce attorney to file a protection from abuse order. This is a type of restraining order and Alabama has a statute in place to enforce the orders. You can get a protection from abuse order against, a ex spouse or current spouse, a family member, a current or former sexual partner.
If you are going through a divorce in Lee County, or anywhere else in Alabama, and are experiencing abuse, you may file a protection from abuse order with the clerk in the family court division of your county courthouse. You may either consult an attorney to help file the form with the court or you may do it on your own. When you file you need to provide evidence to show that there has been a history of abuse. It is important to be very specific when detailing the accounts of abuse. You should include names of all relevant parties and dates if you are able to. The more evidence that you are able to offer, the better chance that you will have in a court granting the order. With a protection from abuse order, the judge only has to hear your side of the story before granting the order. There are a number of different circumstances that a judge must take into consideration when determining whether or not to grant the order. You can seek to have the judge order the defendant to do a number of things such as: stay a certain distance away from you, your child or your home or workplace. You can also ask the judge to order the abuser to stop calling, contacting, or harassing you or your children in any way.
Once the judge receives the order, the abuser will be given a copy of the order which will include information regarding the hearing date. The court generally sends a law enforcement officer to deliver the papers to the abuser. At the hearing the abuser will have the chance to testify as to their side of the story. Once the judge has had a chance to hear from both parties, a decision will be made either in your contested divorce or non-divorce hearing.
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!