Issuing a Birmingham Protective Order
A protective order or a restraining order is put in place to make sure that someone refrains from abusing or harassing the petitioner for a fixed period of time. Protective orders are generally associated with domestic violence cases but can involve other types of cases too.
An attorney is knowledgeable about the legal process in issuing a Birmingham protective order and how to defend against one. If you have received a protective order, contact a proficient lawyer today to see what your legal options are going forward.
Various Types of Protective Orders
In Alabama, there are several different ways to issue a Birmingham protective order. A protective order can be entered under the civil protection from abuse action, it can be entered within the context of a divorce or family law case with a temporary restraining order, or through a bond condition. Also, a court can enter a general protective order for no contact with certain people or places if someone is convicted of a crime. Typically, someone accused and later convicted of domestic violence have an order as part of their sentence saying they must avoid and have no contact with certain people and places.
Circumstances a Judge Grants an Order
There are numerous circumstances that a judge could grant a protective order in a domestic violence case. Most of the time, it is when an action or event takes place and a person is in fear of imminent bodily harm or danger to themselves, to their children, or to their property. The court needs to be convinced by certain standards of evidence that the conduct is more likely to happen than not without the order being put into effect.
Usually the protective order is issued in either a bond condition after someone has been arrested and accused of domestic violence or through a protection from abuse order, which is typically filed when there is threatening behavior or conduct, shortly after a domestic violence arrest, or within the context of divorce cases where one of the parties is doing threatening actions.
Protective orders can be issued against property too. Many times in divorce cases, a protective order is issued on monetary things, such as checking accounts, retirement accounts, savings accounts, and home equity.
How Protective Orders are Issued
Protective orders are issued by a court of law having jurisdiction over the person that they have entered the order against via a municipal court, a district court, or a circuit court. The way a protective order is issued is there would have to be some type of complaint or petition made, requesting the order. Then the court makes some type of evidentiary finding that there was a sufficient basis for the order to be entered. Then the order is drafted and signed by the judge and served on the person being restrained from certain activities or conduct.
The type of order it is depends on how it is issued but most of the time, it is by a kind of application, petition, complaint or legal hearing or finding of the complaint. There are variables to where a protective order could be entered within the context of a sentence or a sentencing order if someone is convicted or within some kind of divorce decree or family law decree.
A dedicated lawyer can help provide more information regarding issuing a Birmingham protective order. Call today for a consultation.