Know Your Rights: How Alabama Law Protects Victims of Domestic Violence

Domestic abuse affects many individuals and families. If you are a victim of domestic abuse in Alabama, it is important to know that there are legal protections available to help ensure your safety and well-being. Understanding these protections allows you to take steps to protect yourself and your loved ones.

Protection from Abuse Orders (PFA)

One of the primary legal protections available for victims of domestic abuse in Alabama is a Protection from Abuse (PFA) order. A PFA order, commonly known as a restraining order, is a legal document issued by a court that orders the abuser to stay away from the victim and refrain from engaging in future abusive behavior.

Who Is Eligible for a PFA?

Victims who have experienced physical abuse, threats of physical abuse, harassment, or stalking by a current or former spouse, cohabitant, dating partner, or family member can apply for a PFA.

Filing for a PFA

A petition for a PFA can be filed at your local courthouse. The court will review your petition and may issue a temporary order if it believes you are in immediate danger.

The Hearing

A hearing is typically scheduled within ten days of filing, where both parties can present their cases. If the court finds sufficient evidence, it may issue a long-term PFA, which can last up to a year and may be extended if necessary. During this year, the PFA is a court order and is enforceable like any court order. If the abuser violates the PFA, the police can arrest them.

Provisions

A PFA can include various provisions such as ordering the abuser to stop all contact with the victim, granting temporary custody of children, ordering child support, and removing the abuser from the shared residence.

Criminal Charges and Penalties

Domestic abuse can also lead to criminal charges against the abuser. Alabama law classifies domestic violence as a crime, and depending on the severity, the abuser can face misdemeanor or felony charges.

Domestic Violence Degrees

Alabama recognizes three degrees of domestic violence, ranging from third-degree (a Class A misdemeanor) to first-degree (a Class A felony). The degree depends on factors like the severity of the abuse and any prior history of domestic violence.

Law Enforcement

Victims can contact law enforcement to report abuse. Officers will conduct a thorough investigation of the reported abuse. This includes interviewing the victim, the alleged abuser, and any witnesses. They will collect evidence, such as photographs of injuries, damaged property, and any weapons involved. Police officers have the authority to arrest an abuser if they have probable cause to believe domestic violence has occurred.

Prosecution

The district attorney’s office will prosecute domestic violence cases. After an arrest, the DA’s office reviews the police report, evidence, and any additional information the victim provides. Based on this review, the DA decides whether to file criminal charges against the abuser and what specific charges to pursue. Victims may need to cooperate by providing evidence and testifying in court.

Additional Legal Protections and Resources

Aside from PFAs and criminal charges, Alabama offers other legal protections and resources for domestic abuse victims.

Emergency Shelters and Support Services

Numerous shelters and organizations across Alabama provide emergency housing, counseling, legal assistance, and other support services for domestic abuse victims. The Alabama Statewide Domestic Violence Hotline, 1-800-650-6522, can be contacted 24 hours a day, seven days a week, for information about the shelter nearest you.

Victim Compensation

Alabama’s Crime Victims’ Compensation Commission may provide financial assistance to victims of violent crimes, including domestic abuse, to cover expenses such as medical bills, counseling, and lost wages.

Child Custody and Divorce

In cases where domestic abuse is a factor, family courts consider the best interests of the child when determining custody arrangements. Evidence of abuse can significantly impact custody decisions and divorce proceedings.

Taking Action

If you are a victim of domestic abuse in Alabama, it is crucial to take action to protect yourself and your loved ones. There are many steps you can take.

Reach Out for Help

For assistance and resources, contact local shelters, support organizations, or the Alabama Coalition Against Domestic Violence at 1-800-650-6522.

Document the Abuse

Create and keep records of any incidents of abuse, including photographs, medical reports, and witness statements.

Report to Law Enforcement

If you are in immediate danger, call 911. Report any incidents of abuse to the police.

Seek Legal Advice

Domestic abuse is a traumatic experience, but knowing your legal protections can help you regain control and ensure your safety. Consult with an attorney experienced in domestic abuse cases to understand your rights and legal options. If you or a loved one is experiencing domestic violence, you don’t have to face it alone. At The Rose Law Firm LLC we specialize in providing compassionate but aggressive legal representation for victims of domestic abuse in Alabama. Your safety is our top priority. Call us at 205-858-9224 to schedule your free case evaluation, and let us help you take the first step towards a safer, more secure future.