Petition for Protection From Abuse This program is intended for victims of domestic violence or abuse, to request a Protection Order (sometimes referred to as a Restraining
Order) A Protection Order is a court order issued under the Protection from Abuse Act which provides limited protection for people who have been threatened, harassed, or physically abused. It can be sought against the victim's spouse, former spouse, common-law or former common-law spouse, parent, child, blood relative, person with whom the victim has a child, or a present or former household member. If you want a restraining order against any other individual, you should seek the assistance of an attorney. Generally, protection orders may be issued only if there have been one or more recent acts of abuse or threatened abuse. A judge may dismiss your petition if you claim that the abuse or threat occurred many months ago, or if you only think that something might happen in the future. A Protection Order may be sought by the victim, if 19 years of age or older, or by a legally-responsible person on behalf of a minor or incapacitated adult. While it is not necessary to have the assistance of an attorney, obtaining a Protection Order can have significant legal consequences, especially involving issues such as custody of children and property division. We recommend that you seek legal counsel to assist in this matter. A Protection Order is effective throughout the State as well as in other states. It is effective for one year, unless the judge specifies a longer or shorter time period. Also, any Protection Order issued by the court of another state shall be enforced as if it were an order of this state. The forms to request a Protection Order are available in the Circuit Clerk's office, and must be completed, the filing fees paid, (or a hardship affidavit completed), and filed with the Clerk. The petition will be forwarded to a Circuit Judge to determine if a temporary protection order will be issued. This temporary order may be issued by the judge without notice to the defendant and without a hearing. If issued, the order will be served on the defendant, and copies sent to appropriate law enforcement agencies. The victim should keep a copy of the order with them at all times, to simplify reporting any violations to law enforcement. A PROTECTION ORDER IS NOT: 1. A fix to the problem. Although a Protection Order can be an important tool in helping the police and courts to discourage abuse, it may NOT completely stop the defendant from trying to hurt the victim. Victims may still need to seek help from an attorney, domestic violence shelter, trusted friend, or family member. 2. A decree of divorce, or permanent property division order. 3. To be used solely for custody matters. 4. To "scare" someone to improve his or her behavior. If the petition is filed, the plaintiff should be prepared to proceed in court..
Mailing Address:
P.O. Box 397
Scottsboro, AL 35768
Phone: 256-574-9320
Fax: 256-259-9981
Click here to email us Additional information, forms, and support is also available at the Administrative Office of Courts and the Official State Website
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