Protection From Abuse
Client Story
If you have experienced domestic violence from an intimate partner (a spouse, a partner, your child’s other parent, or so on), then you may wish to seek a Protection from Abuse order. This is a kind of civil restraining order, or no contact order, which will prevent an abusive individual from contacting or approaching you with the support of the court.
Context
You can file a PFA against:
- A spouse
- Someone you dated
- Someone you have a child in common with
* You can also file a PFA against a current or former household member, or against a parent, step parent, child, grandparent, etc.
This Plan will not cover these situations.
You’re allowed to file a Protection from Abuse order (a PFA) against a current or former spouse, someone you have dated, or someone with whom you have had a child. This will be the subject of this legal action plan.
It’s also possible to file a PFA against a current or former household member or a disruptive family member; however, this will not be discussed at length in this article.
Requirements
You will, at the very least, need a copy of the Protect from Abuse Petition.
You’ll also want to gather evidence of the abuse you have experienced.
Examples can include:
- Pictures of injuries to your body or damage to your property.
- Medical records relating to the abuse.
- Testimonies from witnesses to the abuse.
- Text messages, emails, and written notes from your abuser.
Steps
Step 1: Fill out the PFA petition
The first step is to fill out the PFA petition. It is a 5-page form that can be completed without a lawyer.
CLICK HERE TO OPEN THE PETITION FOR PROTECTION FROM ABUSE FORM
Be sure you read the document carefully and fill it out completely in legible writing.
You can attach additional pages if needed. You should state exactly what the abuser has done. It’s a good idea to include the most serious incidents of abuse as well as the most recent. You should describe why you have reason to fear the abuser.
You can print this form at home, with permission from your supervisor at work, or at your church or local public library.
Step 2: File the PFA
Contact your county courthouse to find out where to file the PFA.
In some larger cities in Alabama, it may be at a different location than the regular county courthouse.
There is no filing fee for a PFA. If you moved to another county because of your abuse, you may file in the county to which you have moved.
Make sure your petition is completely filled out. It’s a good idea to bring a copy for them to stamp that you can take with you.
When you file the PFA, sometimes you will appear in front of a judge or other court official. This person may ask you to tell them why you need the PFA. You should tell them what the abuser has done and why you are filing the PFA.
Step 3: Attend the hearing
After the PFA is filed, it will be served on your abuser (the “Defendant”) by the county sheriff.
When you file the PFA, you will usually get an “ex parte” order. This is a temporary order, signed before the abuser has yet had a chance to speak for their self. Usually, the court must hold a hearing within 10 days, and the abuser should be served before that hearing.
Make sure you attend your court date. If the abuser hasn’t been served yet, the court may either continue with the hearing or reschedule it.
When you go to court, bring all your evidence with you.
This can include:
- Pictures of abuse
- Text messages
- Medical records
- Witnesses
This is your day in court, so make sure you are prepared with any proof that you have. It is often difficult to go before a previous abuser, especially under the stress of a court of law, so make certain to accommodate and prepare yourself before the trial. You will be expected to remain calm and respectful, regardless of offensive things your abuser may say or things they may do to barb you.
If at any time during the hearing you feel unsafe, let the courtroom deputy or another staff member know immediately. They can make arrangements, for example, for you to wait safely away from your abuser until your hearing begins.
You are allowed to bring people as moral support, especially in an emotionally difficult case like this, even if they aren’t testifying as witnesses. The only requirement is that they are respectful to the rules and order of the court.
Be absolutely certain that anyone you have named as a witness is present.
Step 4: The Court Decision
The judge will make a decision on your case. If your hearing is continued or rescheduled, then the temporary order will remain in effect.
The judge may decide to dismiss your case. If that happens, you must be prepared to take other steps to protect yourself from your abuser, or to contact the authorities to pursue a criminal case.
The judge may grant you a permanent PFA. PFA’s can last for a year, 5 years, or forever, depending on the severity of the abuse and the discretion of the judge who makes the ruling.
Once you get your final order, be sure to keep a copy with you at all times. If the abuser ever contacts you in any way, it will be considered a criminal charge. Be certain to call the police immediately if the abuser makes any attempt to interact with you. If they are hesitant to act, your copy of the final order gives you some ability to demand that they take action.
It’s important to remember, however, that a PFA is still just a piece of paper. It has no power until the police arrive, and if your abuser poses an ongoing threat to your physical safety, it can’t be the only part of your domestic violence escape plan.
You should still seek the advice of abuse support organizations, shelter services, and of those who have survived similar experiences in order to better learn how to protect yourself physically now that you have legal standing.
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