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Protection from Abuse Act
Serving Clients Throughout Alabama & Across the Southeast Region
Family law proceedings, such as divorces and child custody cases, sometimes involve acts of domestic violence committed by one of the parties. Alabama provides a Protection from Abuse Act (Alabama Code § 30-5-1 et seq.) which allows a victim of domestic abuse or someone who fears that he or she will become a victim of domestic violence in the future to file a petition with the court requesting protection from the abuser.
If the court grants the petition, it will enter a (PFA). A PFA is granted ex parte, meaning that the alleged abuser will not be notified of the PFA until after the court has granted the petition.
This is important given the possibility that an abuser could be angry that the victim has filed the petition with the court.
Who Can File A Petition For A PFA?
In order to qualify for a PFA, the victim must have one of the following relationships with the abuser. Such as:
- Victim is the defendant’s spouse or former spouse,
- Victim and defendant share a child,
- Victim and defendant had a dating relationship,
- Victim lived with the defendant and (1) had an affectionate or sexual relationship with the defendant or (2) was related to another person living in the home who had such a relationship,
- Victim is the parent, child, stepparent, or stepchild of the defendant and lives with the defendant.
What Is "Domestic Abuse"?
The Protection from Abuse Act defines domestic violence on the basis of the underlying crime committed against the victim. Alabama Code § 30-5-2(1) lists the following some of the crimes that may constitute domestic violence for the purposes of a PFA:
- Arson
- Assault
- Attempt
- Child Abuse
- Criminal Coercion
- Criminal Trespass
- Harassment
- Kidnapping
- Menacing
- Reckless Endangerment
- Sexual Abuse
- Stalking
- Theft
- Unlawful Imprisonment.
What Relief Is Available?
The relief granted in a PFA will depend on the allegations that were made in the victim’s petition. If the victim’s petition is granted, the court can order the following relief:
Order the defendant to refrain from committing any additional acts of abuse or acting in a way that would cause the victim to be afraid of abuse in the future
- Order the defendant to cease contacting the victim altogether,
- Order the defendant to stay 300 or more feet away from the victim’s home, place of employment, or school,
- If the parties share a child, award temporary custody of that child to the victim and order the defendant to pay child support and/or refrain from contacting the child until a hearing can be held,
- Award the victim sole temporary possession of a shared residence, an automobile, or personal effects,
- Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of property that is mutually owned by the victim and the defendant
- Order the defendant to surrender all firearms.
Once the defendant has been served with the PFA and the court has held a hearing, the court can make the temporary relief permanent or specify a time for it to remain in effect.
How To File A PFA?
The petition form can be downloaded from the E-forms page on the Alabama Administrative Office of Courts website or obtained in person at the Family Court Clerk’s office or Domestic Relations Clerk’s Office.
It is possible for a victim to fill out the petition by themselves, I would recommend obtaining experienced legal counsel to ensure your petition is filled out properly and increase the probability that the court will grant your petition.
Ingram Law LLC or Joseph A. Ingram is happy to discuss whether you should file a PFA
and what relief should be requested.
Call Ingram Law LLC today at
(205) 335-2640.
Get Relief Get Results
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Get to Know Your Attorney
Learn More About Joe Ingram
Birmingham Criminal Defense Attorney Mr. Ingram is a native of Birmingham, Alabama. After earning his Bachelor’s Degree from Samford University, he worked for Alabama Power in Corporate Accounting. Mr. Ingram earned his law degree from Birmingham School of Law in 2002. While attending law school, Mr. Ingram worked as a law clerk in the Office of District Attorney for the Tenth Judicial Circuit in Jefferson County, Alabama. He has also served as an Assistant District Attorney in Baldwin County.
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I definitely would use him again if the need arises for me.- David
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Mr . Ingram is a very knowledgeable attorney and understanding. He worked out a wonderful deal.- Angela Jackson
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Mr. Ingram deals with complicated cases and makes you feels at ease with a resolution. He looks out for your best interest. Honest and empathetic to your needs.- Anonymous
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I had a issue that I needed an attorney to help me with. Mr. Ingram was the man to call upon. He answered my calls day and night. I would definitely recommend him!- Joe
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Joe Ingram was the perfect attorney my wife and I needed as we faced being deposed in our ex-son-in-law’s child custody litigation. His broad experience made it easy for him to walk us through the process, provide guidance on answering questions, and counsel us on the preparation of requested documents. As a result, my wife and I confidently entered the deposition with little or no trepidation. Really, I cannot say enough nice things about him. I just know that if I ever need an attorney or legal advice in the future, he’ll be the one I call first.- Edgar Smith, USAF Retired
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Thankful I chose to work with Joseph Ingram. He knows the law, made my case a priority and got the job done. Very Competent and trustworthy. I would 100% recommend Joeseph Ingram and work with him again.- GClark Johnson
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If you ever find yourself in need of an exceptional lawyer that goes above and beyond Joe Ingram is that person. I personally found myself calling Joe on weekends, day, night, it did not make any difference. He always made himself available. Joe worked diligently for two years on my husband’s case and through it all kept us calm with continuously assurance “it’s going to be okay”. His case did come out much better than either of us could have imagined. I cannot begin to express my gratitude and appreciation to Joe.- Ms. Franklin
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My first meeting with Joe I felt as if I could trust him completely. I had a thousand questions and he patiently explained in an understandable way to me the answers. Joe took on my case. I was continually kept in the loop of the progress and of any issues along the way. Joe is an amazing attorney and a super nice person. I would highly recommend Joe if you ever need the best. Thank You Joe K. Franklin- Ken