{"id":371360,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-protective-orders-laws.html"},"modified":"2024-01-16T17:45:13","modified_gmt":"2024-01-16T22:45:13","slug":"alabama-protective-orders-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-protective-orders-laws.html","title":{"rendered":"Alabama Protective Orders Laws"},"content":{"rendered":"\n
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Alabama Protective Orders Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Domestic violence is a serious problem across the country. Alabama courts address domestic violence by providing victims with a legal way to prevent further abuse. <\/a>Although a protection order<\/a> is, in a literal sense, nothing but a piece of paper, it provides the protected person the ability to have a record within the law enforcement officers, alerting responding officers of the order. This can then lead to arrests and civil and\/or criminal contempt, or other criminal charges for the violation.<\/p>\r\n

This article provides a brief overview of protective order laws in the state of Alabama.<\/p>\r\n

Alabama Protective Orders: At a Glance<\/h2>\r\n

The table below details the main aspects of Alabama protection order laws<\/a>.<\/p>\r\n\r\n
Code Sections<\/td>\r\nTitle 13a, Chapter 6, Section 640 et seq. of the Alabama Code<\/td>\r\n<\/tr>
Activity Addressed by Protection Order<\/td>\r\nThe court can include any of the following provisions, as needed, in a protection order<\/a>:
Who Can Apply for an Order?<\/td>\r\nAn adult for themselves or for another person who is prevented by physical or mental incapacities or on behalf of minor children<\/td>\r\n<\/tr>
Who’s Protected by the Order?<\/td>\r\nThe order protects the victim<\/a> and their minor children<\/td>\r\n<\/tr>
Duration of Order<\/td>\r\nAny final protection order is of permanent duration unless otherwise specified or modified by a subsequent court order<\/td>\r\n<\/tr>
Penalty for a Violation of Order<\/td>\r\n
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  • Committed if the person knowingly commits any act prohibited by a domestic violence protection order or willfully fails to abide by any term of a domestic violence protection order<\/li>\r\n
  • Violation is a Class A misdemeanor<\/li>\r\n
  • A second conviction for the violation of a domestic violence protection order, in addition to any other penalty or fine, will be punishable by 30 days imprisonment which may not be suspended<\/li>\r\n
  • A third or subsequent violation is a Class C felony<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Can Fees Be Waived?<\/td>\r\nNo court costs and fees shall be assessed for the filing and service of a petition for a protection order, for the issuance or registration of a protection order, or for the issuance of a witness subpoena under this chapter. Costs and fees may be assessed against the defendant at the discretion of the court<\/td>\r\n<\/tr>
Order Transmission to Law Enforcement<\/td>\r\nA copy of the protection order is issued to law enforcement officials with jurisdiction to enforce the order or agreement; Also, a protection order is effective even if the victim moves to a new state because all states will enforce valid protection orders<\/a> from any other state<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Related Resources<\/h2>\r\n