Protective Orders in Alabama

Who can ask for a PFA

Alabama's Protection From Abuse Act covers people connected to the abuser in specific ways. That includes current and former spouses, and people related by blood or marriage. It also covers people who live together or used to live together as a household. People who have a child in common, or a current or former dating relationship, qualify too. The law is meant for household and family-type relationships. A dispute with a stranger or a coworker generally does not qualify for a PFA and may need a different kind of order.

Emergency orders and the final hearing

A petitioner who shows immediate danger can get an ex parte PFA the same day, without the other person present. That emergency order takes effect as soon as it is signed and lasts until the full hearing. Alabama courts then set a hearing, generally within about 10 days. Both sides can appear, and the judge decides whether to issue a longer PFA. A final PFA in Alabama can last up to a year, and a court can extend it if the danger continues.

Exact hearing dates depend on the county's court calendar. Confirm the scheduled hearing date and any required paperwork with the circuit clerk's office when you file.

Filing is free, and where to file

There is no filing fee for a Protection From Abuse petition in Alabama. Petitioners file in the circuit court of the county where they live, where the abuser lives, or where the abuse happened. Many Alabama counties handle PFA petitions through the family court division of the circuit court. The clerk's office can direct a petitioner to the correct courtroom and paperwork for that county.

Firearms and enforcement

Alabama law lets a judge order a respondent to stay away from the petitioner's home, workplace, and children's school, with no contact of any kind. A court can also address firearms as part of the order. Federal law separately bars someone subject to certain domestic violence protective orders from possessing a firearm while the order is active. Violating a PFA is a criminal offense in Alabama, and law enforcement can arrest a respondent who breaks the order's terms.

How a PFA interacts with divorce and custody

A PFA case is a separate civil action from a divorce or custody case. A petitioner does not need to file for divorce to get one. A PFA can still address who has temporary custody of shared children and can require child support while it is in effect. Those provisions can later carry over into a separate divorce or custody case if one is filed. If a divorce or custody case is already open, tell the court about the PFA so the cases can be coordinated.