Put an End to Abuse – The Power of a PFA in Alabama

Morris Law Firm for Men is dedicated to protecting the rights of men. Learn more about how a PFA lawyer in Alabama protects men from abuse, as well as defend against false abuse allegations. 

What Is a PFA?

A Petition for Protection from Abuse (PFA), also known commonly as a “Temporary Restraining Order” in other states, is a legal order designed to protect individuals from abusive behavior. In Alabama, PFA is a legal tool that can be used by victims of domestic violence, harassment, stalking, and other forms of abuse to seek protection from their abusers, or to protect children from abuse or dangerous situations. 

While it is very common that a criminal action for DV3 (Domestic Violence in the Third Degree) will commonly involve temporary or permanent restraining orders, and the facts of a PFA case are often similar to the facts of a DV3 case, a protection order can be issues by the court in a PFA case with or without the filing of a separate criminal case. This is because the PFA is a civil action. 

A PFA is a civil order issued by a judge, (often issued on an emergency ex parte basis) which can restrain an alleged abuser from contact with the alleged victim or potential victim, and even the minor children who live in the same household. The order may also include other provisions, such as granting temporary custody of children to the victim, requiring the abuser to pay child support or spousal support, and prohibiting the abuser from possessing firearms.

What Are the Requirements for a PFA (ex parte vs. final)?

As mentioned above, it is very common to see a PFA granted on an emergency ex parte basis. This means that the Judge believes that the person that filed and requested the PFA has alleged facts sufficient to cause concern for the safety of the alleged victim or the minor children, such that an emergency restraining order needs to be put in place immediately. Even before the defendant has had an opportunity to be heard on the allegations or even served. 

However, even after granting an emergency ex parte protection order, the case is usually set for a hearing very quickly thereafter which should allow the defendant the opportunity to be heard and to potentially dismiss or modify the protection order.  Although, this first hearing is often on short notice, and may not be the final trial, it is important to have the proper legal representation at this stage, because if the result of this temporary hearing is that you do not get to have any contact with your children while the case is pending and awaiting final trial, that can be a very painful waiting period for a father to endure. And what’s more, in a divorce case, a collateral PFA could mean that you are kicked out of your house and still paying all the bills while awaiting final trial. 

At final trial, in order to prevail on a PFA, the alleged facts of harm, must have taken place within 6 months of the date of the filing of the petition for protection from abuse, and the parties must have had some sort of domestic relationship, such as married, lived together, or a child in common.  

A protection from abuse order can be issued against a spouse, former spouse, parent, child, or any person with whom the victim has, or had a romantic relationship. In addition, a PFA order can be obtained against someone who has engaged in stalking or harassment.

PFA Orders for Men

It’s important to note that a PFA is as beneficial for men as it is for women. 

Domestic violence and abuse can happen to anyone regardless of gender, age, or social status. A PFA order provides a way for men who have been victims of abuse to seek protection and justice through the legal system.

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Types of PFA Orders in Alabama

There are different types of PFA orders in Alabama, depending on the relationship between the victim and the abuser. The initial temporary protection order is good for 14 days. However, the court can choose to extend or change an order. And as mentioned above, a restraining order in a criminal case is different from a restraining order in a PFA case, partly because violation of a criminal PFA could result in further criminal actions, but also in the revocation of bond, as well as harsher sentencing if convicted.  However, it is important to know that violation of a civil PFA can still cause the violator to be arrested and potentially result in criminal charges as well. Which again, is another reason to ensure that you have the proper legal representation even when challenging a temporary PFA order. 

How to Obtain a Protection From Abuse Order in Alabama

The process of obtaining a protection from abuse order in Alabama can vary depending on the county in which the victim resides. Generally, the victim must file a petition with the court and attend a hearing where they present evidence of the abuse. 

If the judge determines that the victim is in danger of harm, they may issue a temporary PFA order. A final hearing will then be held, during which the victim can present evidence and testimony, as well as the defendant. If the judge finds that the victim has met the legal standard for abuse, a final PFA order may be issued.

How Morris Law Firm Can Help

At Morris Firm for Men, we have helped men defend and defeat false abuse allegations, and get PFA’s dismissed. And we have also assisted clients in getting the protection needed for themselves or their children.

We understand the importance of protecting our clients and their children from abuse. We provide legal services to men seeking a PFA order in Alabama. 

Our experienced attorneys can assist with the preparation of the petition, provide representation at the hearing, and help ensure that our client’s rights are protected throughout the process.

Let Us Protect You

If you are a man who has been accused of abuse allegations or a man who is a victim of abuse or harassment, we encourage you to seek legal help. At Morris Firm for Men, we are dedicated to providing men with the legal representation they need to protect themselves and their families. 

Contact us today to schedule a consultation and learn more about how we can help you obtain the protection you need with a PFA order in Alabama.

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