DECATUR CRIMINAL DEFENSE LAWYERS
We can help you in Huntsville, Decatur and Athens, AL and the surrounding areas.
Alabama State law provides a remedy for victims of domestic abuse in the form of civil restraining orders. Domestic violence is defined as any kind of abuse perpetrated by one member of a household against another. Abuse can be physical, verbal, sexual or emotional. Under the law, to threaten abuse is abuse. It also includes committing or threatening to commit physical injury or sexual offense, destroying or confiscating the property of another, terrorizing another, trespassing, unlawful imprisonment, child abuse, plus any other action that seems threatening or harmful. If you have been accused of abuse and face a protection from abuse order (PFA), it is important to protect your rights. Contact one of our experienced Alabama attorneys. We represent clients falsely accused of domestic violence and other crimes.
ALABAMA RESTRAINING ORDERS AND PFA ORDERS
Civil orders of protection are the civil equivalent of a criminal domestic abuse case, but have criminal consequences when violated. An order for protection is filed when someone alleges domestic abuse and asks the court to prevent the other person from contacting them for their safety or the safety of their children. Any type of restraining order or protection from abuse order can have serious implications for you. A restraining order could cause you to be unable to enter your home, see your children, and affect the outcome of custody and visitation.
Some examples of types of behaviors that can lead to the issuance of a PFA include:
- Physical abuse
- Sexual abuse
- Threats of bodily harm
- Physically restraining someone
- False Accusations and Baseless Restraining Orders
If you have been served with an order for protection you are entitled to have a hearing where the person who filed the petition has to prove that there was domestic abuse. It is important to consult with an experienced restraining order and protection from abuse defense attorney. Has someone filed an order for protection against you, or have you been accused of violating an order for protection? When an attorney is involved early on in your case, you can take action to prevent a restraining order or mitigate the consequences. Our attorneys will aggressively defend your interests and protect your rights. Our firm has been has been handling criminal cases for over 30 years in the Huntsville and Decatur, Alabama.
HOW CAN SOMEONE GET A TEMPORARY RESTRAINING ORDER
In order to obtain a temporary restraining order against you, all someone needs to do is make an allegation that you hurt or threatened them, and you are likely to do it again if an order of protection is not imposed. No evidence or proof is required to make an allegation. Unfortunately, it is not unheard of for people to fabricate stories of domestic violence, often in order to get an upper hand in a divorce case. If approved by the judge, you will be served the documents that require you to be at permanent protection order hearing. If you do not appear at that hearing, the order will become permanent. At the hearing you can contest the allegations and the oppose the protection order. A permanent protection order can last for years in Alabama. The permanent protection order can also have serious consequences. It can appear on background checks and may affect your ability to obtain a passport. It can also cause you to lose your job and affect your ability to obtain housing na have a firearm.
WHAT HAPPENS AT A HEARING?
At the court hearing, both sides will be allowed to testify, bring witnesses, and show other evidence relevant in the case. A judge usually rules immediately after the hearing on whether or not to grant the order, unless both parties can agree to a protection order on their own terms, without the court finding that abuse occurred.
WHY HIRE FERGUSON & FERGUSON
Our attorneys have extensive experience handling these matters and can provide you with representation. If you have been served with papers, call our office now. Call 256-534-3435 or 256-350-7200. We can help.