Birmingham Domestic Violence Lawyer

Facing Domestic Violence Charges in Birmingham

A Birmingham domestic violence lawyer can help when allegations rest on one person's word against another's. These cases often come down to who the court believes. There may be little hard proof of what took place.

What a conviction does to your life reaches well past the court date. It can affect your housing, your job, your parental rights, and your right to own a gun.

Your side of the story deserves a full hearing. A defense attorney in Birmingham can stand up to the state for you. Polson & Polson, P.C. also handles the court orders that ride along with these cases. That work covers new petitions, enforcement, and later changes.

Most people who call us have never been in a courtroom. They want to know three things: what happens next, how serious the charge is, and whether their job is at risk.

We answer those on the first call, in plain words, at no cost. You do not need to bring paperwork to that call. Tell us what you remember.

Applicable Relationships

Not every act of violence between two people qualifies as domestic violence under Alabama law. The prosecution must prove that the accused and the alleged victim share one of the specific relationships listed in the domestic violence statutes. Under Alabama law, domestic violence charges apply only when the victim is:

• A current or former spouse
• A parent, step-parent, child, or step-child
• A grandparent, step-grandparent, grandchild, or step-grandchild
• Any person with whom the defendant has a child in common
• A present household member (excluding non-romantic or non-intimate co-residents)
• A person who has or had a dating relationship with the defendant

The statute defines a "dating relationship" as a current or former relationship of a romantic or intimate nature. Either party must expect affectionate or sexual involvement. This relationship element is required. The prosecution must establish it as part of its burden of proof.

If the state cannot establish that the accused and the alleged victim fall within one of these categories, the charge should not be classified as domestic violence. A defense attorney may challenge this element in several ways. The facts may show roommates without a romantic relationship, distant acquaintances, or other connections that fall outside the statutory definition. This is one of the first things we check when we take on a case.

Help for an older adult can also come from outside the court system. The federal Administration for Community Living lists its programs for elder abuse prevention and adult protective services. A case worker or a county agency may be part of the picture too.

Degrees of Domestic Violence in Alabama

Alabama separates domestic violence charges into three degrees. The severity of the underlying offense and the defendant's prior history determine the degree. The degree you face shapes the whole case.

The degree determines whether the case proceeds as a misdemeanor or a felony. Prior domestic violence convictions can raise the degree. They also trigger mandatory minimum jail sentences.

Sentencing enhancements apply when a child under 14 is in a position to see or hear the offense. Enhancements also apply when the offense is committed while willfully violating a protection order. Knowing which degree you face is the first step in building a defense.

Do not guess at the degree. The charging papers and the bond sheet name it. Bring both to your first meeting with us.

If you cannot find them, we can look them up for you. The exact charge changes what we do first.

First Degree

First-degree domestic violence is the most serious of the three. This charge applies when the defendant is accused of first-degree assault, aggravated stalking, or first-degree burglary. The victim must be a qualifying domestic partner.

First-degree assault generally involves causing serious physical injury with a deadly weapon or dangerous instrument. It can also mean acting with intent to disfigure another person seriously and permanently.

First-degree domestic violence is a Class A felony. A second or subsequent first-degree conviction carries a minimum term of one year in prison. Probation, parole, and good time credits do not apply to this minimum.

The mandatory minimum doubles if the offense occurred while the defendant was willfully violating a protection order. It also doubles if a child under 14 of either household was in a position to see or hear the act. A felony conviction triggers a federal bar on possessing firearms or ammunition. A charge this serious calls for a Birmingham domestic violence lawyer right away.

Second Degree

Second-degree domestic violence applies when the defendant is accused of committing one of several offenses against a qualifying domestic partner. These offenses include second-degree assault, intimidating a witness, stalking, second-degree burglary, third-degree burglary, or first-degree criminal mischief. Second-degree assault typically involves intentionally causing serious physical injury. It can also mean causing injury with a deadly weapon.

This charge is classified as a Class B felony. A second or subsequent conviction carries a mandatory minimum of six months in jail. Probation, parole, and good time credits do not apply to this minimum.

As with first-degree charges, the mandatory minimum doubles when the offense occurs while willfully violating a protection order. It also doubles when a child under 14 of either household can see or hear the act. A felony conviction at this level affects employment, housing, voting rights, and the right to possess a firearm.

Third Degree

Third-degree domestic violence covers a broad range of underlying offenses. This charge applies when the defendant is accused of committing one of several offenses against a qualifying domestic partner. These offenses include third-degree assault, menacing, reckless endangerment, criminal coercion, harassment, harassing communications, criminal surveillance, third-degree criminal trespass, second-degree criminal mischief, third-degree criminal mischief, or third-degree arson.

A first conviction is a Class A misdemeanor. The penalty can reach one year in jail and a fine of up to 6,000 dollars. Where the offense caused the victim a financial loss, the court may instead set the fine at up to double that loss. A second conviction remains a Class A misdemeanor but carries a mandatory minimum of 10 days in jail.

A third or subsequent conviction is elevated to a Class C felony. A misdemeanor conviction triggers the federal firearm ban only when physical force or a threatened deadly weapon is an element. If the offense occurs while willfully violating a protection order, a mandatory minimum of 30 days applies. A domestic violence lawyer in Birmingham will work to fight the charge or cut the penalty.

Protection From Abuse Orders in Domestic Violence Cases

A Protection From Abuse (PFA) order is a civil court order issued under Alabama's Protection From Abuse Act. The order is designed to protect victims of domestic violence from further harm. The Act has its own list of qualifying relationships, broader than the criminal statutes and reaching former household members. An adult victim of abuse, or a person who reasonably fears imminent abuse, may petition, and a parent or guardian may petition for a minor child.

The process typically follows two steps. First, the petitioner may request a temporary ex parte protection order. The court must grant or deny this request within three business days of filing.

A temporary order remains in effect until the final hearing. Second, a final hearing is set within 10 days of service being perfected on the respondent, and may be continued if service has not been made. At that hearing, the standard of proof is a preponderance of the evidence.

In everyday speech, people often call these orders restraining orders. Hearings in these cases come fast. That is why gathering proof early matters so much. Bring your phone records, texts, photos, and the names of anyone who saw what happened. Bring any paperwork about child custody arrangements as well.

Note the dates while they are fresh in your mind. Your lawyer can then shape that material into a clear account for the judge.

A PFA order can require several things. The court can order the respondent to have no contact with the petitioner. The respondent may have to vacate the shared residence. The court can order the respondent to stay at least 300 feet from the petitioner's home, school, or workplace.

The court can award temporary custody of the parties' children. The court can also order other relief it considers necessary for the petitioner's safety. A final protection order is permanent unless the court specifies otherwise. The court can also modify it by a later order.

When a PFA case runs alongside a criminal case, what happens in one can affect the other. A respondent who testifies at a PFA hearing without counsel may make statements that the prosecution uses in the criminal case. A domestic violence protection from abuse attorney in Birmingham, Alabama can advise on both tracks at once.

The aim is to keep the civil case from hurting the criminal defense. You may be the one asking for a PFA order, or the one answering it. Either way, a lawyer who knows the Jefferson County courts matters.

Enforcement and Modification of Protective Orders in Birmingham

Once a PFA order or criminal no-contact order is in place, violating its terms carries serious consequences. Knowingly violating a domestic violence protection order is a Class A misdemeanor. A second conviction carries a mandatory minimum of 30 days in jail that may not be suspended.

A third or subsequent conviction is a Class C felony, and these prosecutions go to the district court unless a municipal court issued the order. The court also imposes a 50 dollar fine directed to the Domestic Violence Trust Fund.

An alleged violation can land on you with little warning. Police may be called by the protected party or by a neighbor. You may learn of the claim only when an officer arrives.

Call a lawyer before you answer questions. What you say in that first hour often shapes the rest of the case.

Enforcement actions may be triggered in several ways. Direct contact with the protected party can trigger an action. Contact through a third party can do so as well.

Coming within the prohibited distance of a residence or workplace triggers enforcement. Alabama law makes it a felony to possess a firearm while subject to a valid protection order. The Act's criminal penalties are in addition to, not instead of, other civil and criminal remedies.

Either party may petition to modify or terminate a protective order when circumstances change. A court may modify a protection order after notice and a hearing. Common grounds for modification include mutual reconciliation, changes in custody or living arrangements, or a request to extend the order's terms.

A final PFA order is permanent unless modified. The party seeking the change files the petition and must show the court that a modification is warranted. No court costs or fees are charged for filing, modifying, or enforcing a protection order.

An enforcement of orders attorney Birmingham, Alabama families trust should understand how the Jefferson County court that issued the order handles these petitions. A modification of orders attorney Birmingham, Alabama residents turn to can help present the case for changing the order's terms. The court cannot enter mutual orders and must issue separate orders instead.

Whether you face an enforcement action or want to change existing terms, a lawyer who knows the local courts helps. We can offer legal guidance on what to expect and what to bring.

How a Domestic Violence Attorney Can Help

If you have been charged with domestic violence at any degree, there are real defenses to look at. The facts of your case decide which ones fit.

Self-defense is among the most common. A person is justified in using physical force to defend themselves or a third person. The person must reasonably believe that unlawful physical force is being used or is about to be used, and may use only the degree of force reasonably believed necessary.

Alabama law imposes no duty to retreat on a person who is otherwise justified in using force. A person who is not engaged in unlawful activity and is in a place where they have the right to be may stand their ground.

Other defense strategies include challenging false allegations. They often come up in bitter divorce or custody fights. A defense attorney may challenge the qualifying relationship element.

The attorney may highlight inconsistencies in the complainant's statements. The attorney may show that no physical proof backs the claim. The attorney may review body-camera footage and 911 recordings for details that contradict the state's version of events.

Here is what the first few weeks tend to look like with us. We start by listening to your account in full. We pull the police report, the 911 call, and any body-camera video. We map out who was there and what each person saw.

We look at the charge the state picked and ask whether the facts fit it. Then we tell you, in plain terms, where the case stands and what your choices are. You will know what each step asks of you in time and in risk.

Early action strengthens your defense. Preserve text messages, photographs, and any other evidence that supports your account. Identify potential witnesses. Above all, avoid any contact with the alleged victim.

Even a phone call or text could trigger an additional charge. It could also trigger a protection order violation. More time to prepare means a stronger position for you.

One more thing: keep notes on your own case. Record each court date. Record the name of everyone who contacts you.

Save every letter that comes in the mail. Clients who do this save us hours, and those hours go back into the defense.

Speak With a Birmingham Domestic Violence Lawyer

A domestic violence charge in Birmingham needs quick action. Bond terms, no-contact orders, and emergency PFA hearings can change your daily life within hours of an arrest. A defense attorney brought in early helps protect your rights at each stage.

Polson & Polson, P.C. focuses on criminal defense and domestic violence matters. Our law firm serves Birmingham and the rest of Jefferson County. We know how these cases move through local courts.

We build a defense that covers both the criminal charge and any protective order case. Payment plans are available, so cost does not have to stand between you and legal representation.

Call (205) 401-3171 or contact us today through the form on this page for a free case review. The sooner you call, the more time we have to prepare your defense.

Frequently Asked Questions

What Are the Penalties for a First-Degree Domestic Violence Conviction in Alabama?

First-degree domestic violence is a Class A felony. A second or subsequent conviction carries a mandatory minimum of one year in prison. The mandatory minimum doubles if the offense occurred while willfully violating a protection order or where a child under 14 could see or hear the act. A conviction also triggers a federal bar on possessing firearms.

What Is a Protection From Abuse Order and How Long Does It Last in Alabama?

A PFA order is a civil court order issued under the Protection From Abuse Act. It can require no contact, residence exclusion, temporary custody arrangements, and other relief the court finds necessary for safety. A final protection order is permanent unless the court specifies otherwise or modifies it by a later order.

Can a Protective Order Be Modified or Terminated in Birmingham?

Yes. Either party may petition the court to modify or terminate a protection order. The court holds a hearing after notice.

The court may modify the order if the petition shows that a modification is warranted. Common reasons include changes in custody, reconciliation, or a need to adjust the order's terms.

What Happens if Someone Violates a Protection From Abuse Order in Jefferson County?

A first violation is a Class A misdemeanor. A second conviction carries a mandatory 30 days in jail that cannot be suspended. A third or subsequent violation is a Class C felony. The court also imposes a 50 dollar fine directed to the Domestic Violence Trust Fund.

Can I Own a Firearm After a Domestic Violence Conviction in Alabama?

Usually not. Under federal law, a person convicted of a misdemeanor crime of domestic violence may not possess firearms or ammunition. A misdemeanor counts only when physical force or a threatened deadly weapon is an element of the offense.

First-degree and second-degree convictions are felonies and carry the federal bar on that basis. Alabama law separately forbids firearm possession after a misdemeanor domestic violence conviction or while a valid protection order is in effect.