What Are the Consequences of Being the Subject of an Alabama Protective Order?
Recently, we posted some information on what constitutes stalking in the State of Alabama, and the possible criminal penalties that you can face if you’re convicted of misdemeanor or felony stalking. Becoming the subject of a protective order, also referred to as a restraining order, is another possible consequence for those facing stalking accusations and other claims. Learn about what happens when you’re the subject of a protective order, below.
Who can get a protective order in Alabama?
Protective orders are orders issued by civil courts against persons whom the plaintiff alleges has threatened, harassed, or physically abused them. Plaintiffs can get protective orders against someone to whom they are or were married, a current or former common-law spouse, co-parent, or current or former household member with whom they were in a romantic relationship.
The person accusing you of harassment, threats, or abuse can file a petition with the court requesting a temporary protective order against you, without telling you first that they plan to obtain such an order. After the plaintiff obtains one of these orders, you will be notified that the protective order exists. You will also be notified of the date that the court will hold a hearing on whether or not the temporary order should be made permanent. You should strongly consider hiring a lawyer to represent you at that hearing.
What can a protective order do?
If you become the subject of a protective order, you can be arrested for violating the terms of the order without obtaining a warrant. The terms of a protective order will place specific restrictions on where you can go and what you can do:
- You can be restrained from having direct contact with the complainant
- You can be barred from having any contact with the children that you share with your co-parent
- You can be barred from the home you share with the complainant, even if you own it
- You can be prevented from being within a designated number of feet of the complainant’s home or place of work
If you are the subject of claims of domestic abuse or harassment in Alabama, seek legal representation to ensure your rights are protected by contacting the Dothan criminal defense lawyers at Smith & McGhee for a consultation, at 334-708-3158.