Types of Birmingham Protective Orders
The different types of protective orders seen pertaining to Birmingham involve protection from abuse, bond conditions after being released from jail, and temporary restraining orders. Each protection order serves its own purpose given the context of the situation. Some protective orders primarily focus on keeping a person safe or away from someone else, or a keeping a person away from the general public as a punishment. For more information about the types of Birmingham protective orders, speak with a practiced protective order attorney today.
Protection From Abuse in Birmingham
Protection from abuse allows an immediate temporary order to be put in place that can prohibit certain persons in a domestic violence situation, such as the defendant, from having contact with the victim coming within a certain distance of the victim’s home, business, or place of work. This can include contact with children and property as well.
The protection from abuse could get called to a trial or hearing. If somebody is found to be liable for protection from abuse, it is not a criminal conviction. It is a civil finding. However, that civil finding is permanent. It goes onto their record and can be used against that person in various ways, including custody-type situations. It can prevent someone from owning a firearm. Since it is a civil order or civil petition in nature, a defendant does have constitutional rights that could be impacted by the prosecution of the protection from abuse.
In some cases, the protection from abuse could be put on hold by the defendant asserting their Fifth Amendment protection against self-incrimination. If they are forced to testify or participate in the protection from abuse case, anything they say or do could be used against them and back over into any pending criminal charge, such as a domestic violence case. Protection from abuse is one of the many types of Birmingham protective orders.
Bond Conditions Following a Release from Jail
Once somebody is arrested for domestic violence, there is a minimum period of time they must remain in jail, usually 24 hours, to cool down before they are allowed to be released on bond if the courts have set a bond.
In almost all domestic violence cases, whether it is a misdemeanor or a felony, conditions of that bond would be to have no contact with the victim, by either physical or electronic means, and to put some kind of distance restriction against the defendant where they cannot go within a certain perimeter or radius of the victim.
If for some reason the defendant violates those bond conditions and the district attorney or the court finds out about it, then somebody’s bond could be revoked or at least a motion to revoke the bond could be filed. The defendant could possibly have to sit in jail on a no-bond, pending the resolution of their case, which can be as short as a few weeks or many months, depending on whether it is a misdemeanor or a felony. Contact an attorney to learn more about the types of Birmingham protective orders.
Temporary Restraining Orders in Birmingham
A temporary restraining order is usually issued in cases where domestic violence has taken place. In cases where no divorce is pending, the victim would rely upon either protection from abuse or a bond condition instead of a temporary restraining order since temporary restraining orders are usually drafted within the context of a divorce proceeding. For more information about the different types of Birmingham protective orders, or for assistance with handling protective orders, retain the services of a hardworking attorney today.