A Lawyer Can Help You Get A Restraining Order
If you have been abused and need to find safety, it’s strongly advised you speak with a Birmingham divorce attorney as soon as possible. At , we know the importance of moving quickly to aid those who need the protection the legal system can provide.
When you trust your case to us, you can rest assured that you’re putting an experienced, and aggressive advocate on your side who will strive to protect your best interests. We can skillfully guide you through any type of case, including petitioning to obtain a restraining order as soon as possible so you can rest safely and then work to obtain complete separation from your abuser to continue on with your life.
What To Know About Restraining Orders And Injunctions
Finding protection from an abusive spouse, partner, roommate or another party can be an intimidating task. Not only is it difficult to physically get away from them, but compelling them to stay away could be even tougher. When you have been the victim of domestic violence, you shouldn’t hesitate to put the law on your side by obtaining a restraining order — a mandate that says if your abuser violates any of its terms, they are subject to criminal consequences that could include fines or jail time.
Once an order of protection is issued, any violation of the specified provisions can result in an arrest and trial. Restraining orders provide protection not only to the victim but also to children and household members. The maximum penalty for the willful violation of a protection order in the state of Alabama is one year in prison and a $6,000 fine. Restraining orders are valid for the duration specified even if the victim moves to a new state.
A protection order can:
- Order the defendant to stay away from the home, school and workplace
- Order the defendant to vacate residence shared with the victim
- Award temporary custody of children to the victim
- Order limited or no contact with children
- Order no disposing or selling of property
- Provide requirements for covering legal fees
If you feel threatened by your husband or wife, or boyfriend, talk to about what a restraining order can and cannot do.
Securing A Restraining Order Protection Against Domestic Abuse
In Alabama, you may file for a restraining order only in a limited number of situations. However, if you qualify for one of these orders, you can obtain temporary protection quickly and then work to make the protection permanent if you believe your situation may warrant it. You may obtain a restraining order if:
- You have been the victim of abuse or domestic violence
- If you have reasonable cause to believe you are in danger of becoming the victim of abuse
Restraining orders almost always start out as temporary but can be made permanent later at a hearing where both sides present why the order should or should not be allowed to continue. This means you should have a Birmingham domestic violence attorney on your side to make sure your rights are protected from an abuser.
Have An Order Filed Against You?
Unfortunately, in some cases, domestic violence accusations are falsely levied against innocent individuals, leading to all sorts of consequences that can have a serious impact on their life. If you have had an order issued against you when you believe you are innocent of any act of abuse, it’s important you move quickly to fight back and preserve your rights and freedoms. After all, an order could have a potential impact on your rights to visitation or your claim to child custody.
Talk To A Divorce Attorney About Utilizing A Restraining Order In Birmingham
Share the details of what you are going through during a free case evaluation, and we can help you. Need help obtaining a restraining order? Call , today at 205-606-6896 to get started with a free consultation. To reach us online, send the firm an email.