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While the harm of domestic violence is real, there are situations where you may face accusations of violating some rule. Unfortunately, even an accusation may hurt your reputation, limit your freedom and rights, and expose you to potential jail time. If you are facing an order of protection or some other issue, reach out to a seasoned Trussville domestic violence lawyer to learn more about the process and how to protect yourself. An experienced criminal defense attorney could defend you against allegations and accusations of wrongdoing by collecting evidence to disprove the prosecution’s claims.

The Process of Violence Within the Home Charges

When the police receive notice of a potential domestic abuse situation, they will typically arrive on the scene, may assess the situation, and could arrest one or both parties. Then the court may automatically issue an emergency order of protection. If the alleged victim goes to the court instead of contacting the police, they may request an order of protection from the family court.

The court will typically grant an emergency Protection from Abuse order and then set a hearing date so that both parties may appear and explain the situation. Before the hearing, it may be beneficial to discuss a case with a knowledgeable domestic violence lawyer. If the person alleging domestic violence does not attend the hearing, the court will not make another order and the emergency order will expire. If the accused does not appear, the court will may make a default judgment and may decide what to do based only the testimony of the alleged victim.

Court Orders Related to Family Violence in Trussville

As detailed in Code of Alabama §30-5-2, an alleged victim may ask for a protective order if they have an intimate relationship with the accused and have experienced some form of domestic violence. Intimate relationships may include a dating relationship, marriage, household members, relatives, or those who have a child together. They must experience some form of domestic abuse, such as:

  • Assault
  • Child abuse
  • Kidnapping
  • Sexual abuse or other sexual crimes
  • Imprisonment

Other forms of abuse, such as harassment, endangerment, stalking, or threats of violence could lead to the enforcement of a protective order. In addition, any attempt to commit these acts is grounds for a court to issue an order of protection.

Once a protective order is in place, it is a court order and must be followed. If a party violates the order, there could be criminal sanctions. Any violation is a Class A misdemeanor, as described in Ala. Code §13A-6-142. Additional violations could increase the potential sentencing, such as minimum requirements for jail time and additional fines. Those facing a first or subsequent charge may wish to contact an attorney with experience handling family violence in Trussville before deciding how to proceed.

Consult a Trussville Domestic Violence Attorney Before Proceeding

An accusation of domestic abuse could lead to a protective order that may affect your rights. An order could impact custody rights, where you can live, your property rights, and many other aspects of your life.

If a court grants a protective order, you may wish to have a sharp Trussville domestic violence lawyer explain how you can avoid violating it. No matter what your situation, allow an experienced attorney to explain your rights and how to protect your interests moving forward. Speak with a legal representative today to learn more about safeguarding your rights and your future.