Birmingham Protective Order Lawyer
A protective order is a court order that protects a person from contact with another person. These are often seen in a domestic violence prosecution.
With domestic violence cases, there are several ways that a protective order can be issued or ordered in Alabama. Most of the time, it is done through either a bond condition or a protection from abuse. There also can be an order entered through a divorce case called a temporary restraining order. A protective order is an order from a court of law that shields a person in a domestic violence case from any type of contact or interaction with another person, who is typically an accused citizen or a defendant in a domestic violence case.
If you are facing a protective order, contact a Birmingham protective order lawyer who has experience and will fight tirelessly by your side.
Constituting Good Cause
In Alabama, for a protection order to be issued, there is a certain finding that the court has to make before they can enter that order. It is usually by either probable cause or clear and convincing standard. It is not necessarily that someone asking for the protective order has to prove at the same level they would in a criminal case, beyond a reasonable doubt, but they have to have facts and some allegations that the protective order is needed.
Many times, the protection order is entered on an ex parte basis, meaning that it is entered only hearing one side of the story. Most protection orders are temporary in nature since the person the order is entered against has the right to be heard or have a trial or hearing before the judge entering the order. A Birmingham protective order lawyer could make sure the defendant’s side of the story is told.
Civil Protection Order Requirements
A civil protection order is going to fall under either a protection from abuse or some kind of domestic relations order. A person either has to make a petition with the magistrate of the court asking for a protective order or have their lawyer file a motion or Rule 95 within a divorce case. Then the judge hears the evidence and facts.
Usually, there is a signed and sworn-through affidavit requesting the protective order. For a civil protection order, whether it is a protection from abuse or within the context of a divorce case, a person is required to make some type of application or petition with a sworn statement to direct the court. Then the court rules or makes a finding based on that request.
What is the Difference Between a Restraining Order and a Protective Order?
A restraining order and a protective order in Alabama are one and the same. Both are restraining one person from having any kind of contact or interaction with another person.
The purpose of a protective order is if the defendant continues to show up at the person’s home, job, or business and make contact with them, that allows law enforcement to make a new arrest and further restrain that person from contact by placing them in jail. If there is no protective order in place, unless it is very severe or threatening conduct, law enforcement cannot take action.
Certain types of actions, such as trespassing on someone’s property, breaking into their home, or making threatening communications, can be restrained. Once a restraining or protective order is in place, it allows law enforcement to take action and further penalize and restrain the person by placing them in jail.
To have someone assist you through the protective order process, call a Birmingham protective order lawyer today.