Protection from Abuse Attorney

Protection from Abuse (PFA) Orders are court-issued restraining orders designed to protect victims of domestic violence and abuse. In Alabama, PFAs are governed by the Protection from Abuse Act (Alabama Code § 30-5-1 et seq.) and are intended to provide immediate legal protection for individuals who are experiencing abuse or face a credible threat of harm.

A Protection from Abuse Order may be filed against certain individuals, including but not limited to:

• A current or former spouse
• A current or former intimate or sexual partner
• A family or household member
• Someone who resides in the victim’s home
• Someone with whom the victim shares a child

Domestic abuse is not limited to physical violence between romantic partners. It can include threats, harassment, stalking, emotional abuse, intimidation, or violence involving family members, household members, or parents of shared children. Statistics show that domestic violence impacts millions of individuals nationwide. If you are in immediate danger, call 911. If the situation is not an emergency, speaking with an experienced Alabama family law attorney can help you understand your legal options and whether filing a PFA is appropriate.

To begin the PFA process, a petition must be filed with the clerk of court in the family court division of your local county courthouse. While you may complete the petition on your own, many people choose to work with a Birmingham divorce attorney to ensure the allegations are clearly stated and properly documented. The petition should include specific details about the abuse, including dates, incidents, prior threats, or any previous court involvement. Once completed, the petition must be signed in front of the court clerk and accompanied by valid photo identification.

Protection from Abuse proceedings move quickly because they are designed to address immediate safety concerns. Unlike most court hearings, a judge may issue a temporary Protection from Abuse Order after hearing only from the petitioner. The alleged abuser is not notified until after the temporary order has been granted.

Each PFA order is tailored to the specific circumstances of the case. Depending on the allegations presented, the court may order the respondent to:

• Cease all contact with the petitioner
• Vacate a shared residence
• Stay a designated distance away from the petitioner’s home, workplace, or school
• Grant temporary custody of shared children to the petitioner
• Surrender firearms and weapons
• Refrain from selling, transferring, or disposing of jointly owned property

Once a temporary PFA is issued, it must be formally served on the respondent before it becomes enforceable. The court arranges service through law enforcement or a sheriff’s deputy—there is no cost to the petitioner. You should never attempt to serve the papers yourself, and your divorce lawyer can usually help coordinate service.

A final hearing is typically scheduled within ten days of the temporary order. The respondent has the right to appear and present their side of the case. It is critical that the petitioner attend this hearing. Failure to appear will result in the PFA expiring and may make it more difficult to obtain future protection. During the hearing, the judge will consider testimony, evidence, and witness statements before deciding whether to extend, modify, or dismiss the order.

You have the right to legal representation at every stage of the Protection from Abuse process. Having an experienced Alabama family law or divorce attorney by your side can ease the burden during an emotionally difficult time and help ensure your case is properly presented to the court.

After a Protection from Abuse Order is issued, it carries the full force of law. Violating a PFA is a criminal offense in Alabama and can result in arrest, additional charges, and jail time. If the respondent violates the order by contacting you, showing up at prohibited locations, or refusing to comply with its terms, you should contact law enforcement immediately.

PFA orders may also impact related legal matters, including divorce, child custody, visitation, and criminal cases. Temporary custody or possession of the home granted through a PFA may later be addressed in family court proceedings. Because of these long-term implications, it is important to understand how a PFA interacts with other legal rights and obligations.

Protection from Abuse Orders are not always permanent. Final orders may last for a specific period of time or be extended if the court finds continued risk. An experienced attorney can help you request extensions, modifications, or enforcement when necessary, ensuring your safety and legal protections remain in place.

1. Who can file a Protection from Abuse Order in Alabama?
Anyone who has been abused or threatened by a spouse, former spouse, intimate partner, family member, household member, or co-parent may be eligible to file a PFA under Alabama law.

2. How quickly can a Protection from Abuse Order be issued?
In many cases, a judge may issue a temporary PFA the same day the petition is filed if the allegations show immediate danger or risk of harm.

3. Does a Protection from Abuse Order affect child custody?
Yes. A judge may award temporary custody of shared children as part of a PFA if it is necessary to protect the children’s safety. Permanent custody decisions are handled separately in family court.

4. What happens if the respondent violates a PFA order?
Violating a Protection from Abuse Order is a criminal offense. Law enforcement may arrest the respondent, and additional criminal charges may be filed.