Call our Alabama PFA Attorneys today at (205) 201-1789
If you are in immediate danger, call 911 first. For everything after that, this is the master page for our Protection From Abuse practice: filing, defending, and emergency orders. Family law consultations are $100 by phone or in person.
In Short: A Protection From Abuse order, or PFA, is a civil court order under Alabama’s Protection From Abuse Act, Ala. Code § 30-5, that prohibits an abuser from contacting, approaching, or harming the person protected. It can also award exclusive possession of the home, set temporary custody and support, and carry firearm consequences. Violating a PFA is a crime, not just a contempt issue.
How Fast It Moves: A person in danger can file a petition, at no filing fee, and a judge can enter an ex parte temporary order the same day, without the defendant present, when the petition shows immediate danger. A final hearing follows quickly, often within about ten days of service, where both sides are heard and the court decides whether to enter a final order.
Both Sides Need Counsel: For petitioners, the case is about safety and getting the order’s protections right: the no-contact terms, the home, the children. For defendants, a final PFA can mean losing access to your home, your children, and your firearms on a record built at one fast hearing, so the hearing is everything. We handle both sides, and each has its own detailed page below.
The Biggest Mistake: On the filing side, waiting until after the next incident to act. On the defense side, ignoring the hearing or contacting the petitioner, even at their invitation, while the temporary order is in place. A no-contact order means no contact, and the fastest way to turn a defensible case into a criminal charge is a text message.
Choose the Page That Fits Your Situation
Each side of a PFA case has its own detailed page covering the law, the process, and the strategy. This page covers what they share: how Alabama’s PFA system works.
How to File a PFA
Who qualifies, what the petition needs to show, how the same-day process works, and how to get the order’s protections right the first time.
Defending a PFA
You’ve been served. What the temporary order already prohibits, what a final order would cost you, and how to prepare for the hearing that decides it.
Ex Parte Emergency Orders
Same-day protection entered without the other side present: what courts require, what the temporary order covers, and how long it lasts.
Seeking Protection vs. Defending Against a Petition
If You Need Protection
The PFA Act exists for you, and it works fast. A qualifying relationship, a petition describing the abuse or threat, and a showing of danger can put a court order between you and the abuser the same day, before the abuser is even notified. There is no filing fee, and the order can reach far beyond no-contact: the home, the children, support, and firearms.
Where an attorney earns their place is in getting the petition and the final hearing right: the specific incidents documented, the relief requested completely, and your testimony prepared, so the protection you leave with actually covers what you need.
If You’ve Been Served
Take the papers seriously, starting now. A temporary order is likely already in effect against you, and violating it, including by contacting the petitioner to “work it out,” is a crime. A final PFA entered at the hearing can keep you from your home and children, follow you in background checks, and cost you your firearms under state and federal law.
The final hearing is your one full chance to be heard, and it arrives in days, not months. Come represented, with your evidence and witnesses organized. PFAs also surface in the middle of custody and divorce fights, and defending one properly protects those cases too.
What an Alabama PFA Order Can Include
A PFA is not just a no-contact order. Under § 30-5, the court can shape the order to the situation, and both sides should understand its full reach before the final hearing. This is one of the most consequential orders in Alabama family law:
No Contact and Stay Away
Prohibits contacting, threatening, or harassing the protected person directly or through others, and can order the defendant to stay away from the home, workplace, and school.
Possession of the Home
Can award the protected person exclusive possession of the residence and order the defendant to leave, regardless of whose name is on the lease or deed, and can restrain either party from selling, transferring, or disposing of joint property while the case is pending.
Temporary Custody and Support
Can set temporary custody and visitation for the children and order temporary support while the order is in effect.
Firearm Consequences
A qualifying protective order carries firearm restrictions under federal law, and Alabama orders commonly address weapons directly. This is one of the most litigated stakes on the defense side.
Criminal Teeth
Violating a PFA is a crime in Alabama, generally a Class A misdemeanor for a first violation with escalating consequences after that, and police can arrest on a violation without a warrant.
Interaction With Other Cases
PFAs often arise in the middle of a divorce or custody fight, and findings made at a PFA hearing can echo through those cases, though the order’s temporary custody and property terms do not automatically become the divorce decree’s permanent ones. Handling both cases together, strategically, matters.
How a PFA Case Moves in Alabama
The whole arc, from petition to enforcement, often plays out in under two weeks. The filing and defense pages cover each side’s strategy in depth; here is the shared skeleton.
The Petition
The person seeking protection files a PFA petition, with no filing fee, describing the relationship, the abuse or threats, and the protection requested. The specifics matter: dates, incidents, and injuries carry the petition.
Ex Parte Temporary Order
If the petition shows immediate danger, the judge can enter a temporary order the same day, without the defendant present. It takes effect on service and holds everything in place until the final hearing.
Service on the Defendant
Law enforcement, typically a sheriff’s deputy, serves the defendant with the petition, the temporary order, and the hearing date, at no cost to the petitioner. Never attempt to serve the papers yourself or tell the defendant an order is coming before service happens. From the moment of service, the order’s prohibitions are live and enforceable, and any contact is a violation.
The Final Hearing
Both sides appear, testify, and present evidence and witnesses, typically within about ten days of the temporary order. This single hearing decides whether a final order enters and what it contains. It is the whole ballgame for both sides: a defendant who skips it faces a final order entered by default, and a petitioner who skips it typically watches the temporary protection expire. Preparation wins it.
The Final Order
If granted, the final PFA sets its terms and duration, typically one to three years, with longer periods available when circumstances warrant, and it goes into the protective-order registries law enforcement checks. Before it expires, the protected person can seek an extension, and filing before the expiration date matters, because a lapsed order protects no one. If the petition is denied, the temporary order dissolves.
Enforcement and Modification
Violations are prosecuted criminally, and either party can later ask the court to modify or dissolve the order when circumstances genuinely change. Nothing changes the order except the court; private agreements between the parties do not.
PFA Representation Fees at The Harris Firm LLC
Alabama removes the cost barrier from seeking protection: there is no filing fee for a PFA petition. Attorney fees are separate, and we quote yours before you hire us.
| Matter | Fee | Notes |
|---|---|---|
| Family law consultation | $100 | Phone or in person. We assess your side of the case, the timeline, and your realistic options. |
| Filing a PFA petition | No court filing fee | Alabama law does not charge petitioners a fee to file for protection. Attorney representation is quoted at the consultation. |
| PFA hearing representation | Quoted up front | Petition or defense, priced by the posture of your case and quoted before you commit. Contested matters beyond the hearing are billed hourly against a retainer. |
| Related family law cases | Separate engagement | A divorce, custody, or contempt case connected to the PFA is its own matter with its own engagement terms, coordinated with the PFA strategy. |
Because PFA hearings arrive in days, we prioritize these consultations. Tell our staff a hearing date is already set and we will get you in quickly.
Frequently Asked Questions About PFAs in Alabama
1.Who can file a PFA in Alabama?
Alabama’s Protection From Abuse Act protects people with a qualifying relationship to the abuser, including spouses and former spouses, people in a dating or engagement relationship, current or former household members, people with a child in common, and certain other family relationships. A parent or guardian can also file on behalf of a child. If your relationship does not fit the statute, other protective tools may still apply, and we sort that out at the consultation rather than turning you away with a no.
2.How fast can I get a protection order in Alabama?
Same day, in urgent cases. When a petition shows an immediate and present danger, the judge can enter an ex parte temporary order without the abuser being present or even knowing the petition was filed. The temporary order takes effect once the defendant is served and stays in place until the final hearing, which follows quickly, often within about ten days. If you are in immediate danger right now, call 911 first; the court process is what comes after everyone is safe.
3.Does it cost anything to file a PFA?
There is no court filing fee for a PFA petition in Alabama; the law deliberately removes cost as a barrier to protection. Attorney fees are separate, and while people can and do file petitions on their own, representation matters most at the final hearing, where testimony, evidence, and the specific terms of the order get decided. We quote our fee at the consultation so you can make that decision with real numbers.
4.What happens if someone violates a PFA in Alabama?
Violating a PFA is a crime, generally a Class A misdemeanor for a first violation, with consequences that escalate for repeat violations, and police can arrest for a violation without a warrant. This criminal enforcement is what gives the order its teeth, and a violation can also support civil contempt proceedings in the underlying family court case. It also cuts both ways: a protected person cannot waive the order informally, and a defendant who responds to the petitioner’s own invitation to talk has still committed a violation. Only the court can change the order.
5.I was just served with a PFA. What should I do?
Three things, in order. First, comply completely with the temporary order starting immediately: no contact with the petitioner of any kind, direct or through others, even if they reach out to you. Second, note the hearing date; it is days away and it is the case. Third, call an attorney and start assembling your side: texts, photos, witnesses, and a clear timeline. A final PFA can affect your home, your children, your firearms, and any pending divorce or custody case, and the hearing is where all of it gets decided. Our defense page covers the strategy in depth.
6.How long does a PFA last, and can it be changed?
The temporary ex parte order lasts until the final hearing. A final PFA typically lasts one to three years, with longer periods available depending on what the court finds the situation requires, and the protected person can request an extension before it expires; filing that request before the expiration date matters, because a lapsed order provides no protection. Either party can also petition the court to modify or dissolve the order based on changed circumstances, and that is the only way it changes; the parties reconciling, moving, or agreeing between themselves does not alter a live order until a judge says so.
Alabama PFA Attorneys With Four Offices
We handle PFA petitions and defenses in courts across Alabama from our offices in Birmingham, Chelsea, Huntsville, and Montgomery. Steven Harris owns the firm and appears on every matter, with David Miller and Paige Johnson handling PFA cases from the Birmingham and Chelsea offices, John Tyler Winans and Julia Collins in Montgomery, and LaTasha Huffman and Rebecca Lee in Huntsville.
Ready to Talk to an Alabama PFA Attorney?
PFA cases are decided in days, on preparation. Whether you need protection now or you were served this morning, the right move is the same: get counsel in the case before the hearing. At The Harris Firm LLC, we prioritize PFA consultations because the calendar demands it. Call us, tell us which side of the case you are on, and we will map your next steps today.
What We Cover in Your Consultation
Call (205) 201-1789
The PFA Pages
Or Call the Office Nearest You
Chelsea: (205) 677-5490
Huntsville: (256) 665-9473
Montgomery: (334) 782-9938
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