How To Get A Restraining Order In Alabama

In Alabama, a restraining order (also called a "Protection From Abuse" Order or No-contact Order) is a civil legal document issued by courts to restrict access to or limit the proximity of an individual to the person requesting the order. A restraining order is usually necessary once there is substantial evidence to prove the existence of physical abuse, acts of violence, stalking, or threats from family members, intimate relationship partners, and other individuals.

Alabama restraining orders are issued according to the State's Protection From Abuse Act (§ 30-5-1 to 30-5-11) and ensure the safety and protection of victims or persons with reasonable fear of abuse, domestic violence, or harassment. Once issued, restraining orders become part of Alabama civil court records maintained by the clerks of courts in various counties.

Types Of Restraining Orders in Alabama

Alabama laws based on the specific situation necessitating their issuance make provisions for the following types of restraining orders:

• Protection from Abuse Orders (PFA) are usually issued to victims of domestic abuse by persons with whom the petition shares a close relationship. The abuser could be a spouse, ex-spouse, co-parent, sexual partner, or household member.
• Protection from Harassment Orders (also called Harassment Restraining Orders) protects the complainant from harassment perpetrated by someone who is not a family member and does not have any intimate relationship with the victim. Such persons could be co-workers, neighbors, acquaintances, or any other individual.
• Stalking Protection Orders deal with cases of stalking (consistent following) either from family members, intimate partners, or random strangers.
• Sexual Abuse Protection Orders are provided to victims of sexual abuse, unwanted sexual advances, or sexual assaults.
• Extreme Risk Protection Orders (ERPO) are issued to place restrictions on a person's access to firearms and deadly weapons. This is to protect the individual and others around them.
• Elder Abuse Protection Orders are issued to petitioners who are 60 years and above (Ala. Code § 38-9F-3(4)) currently undergoing abuse or are at the risk of experiencing one.
• Civil Restraining Orders or No-contact Orders mandate the defendant to stay away from or avoid contact with the petitioner. It is usually required where criminal charges have also been filed against the defendant.

Are Restraining Orders Public Records In Alabama?

Generally, Yes. Restraining orders filed in Alabama are considered public records under the State's public records law. As such, anyone may request access to view filed court records and, by extension, restraining orders.

Nonetheless, certain information contained in restraining orders is usually kept private and not publicly available. For example, personal information of victims, home addresses, telephone contacts, and other sensitive details contained in a restraining order are typically redacted from public records. In addition, a judge may decide to seal or expunge a restraining order for various legal reasons. Such records become confidential and are no longer accessible to the public.

How To Lookup Restraining Orders In Alabama

To look up restraining orders issued in Alabama, interested persons may utilize the following options:

• In-person visits to a courthouse- the courthouses in Alabama each maintain records of civil cases filed with them. Concerned persons may query the clerk of a court for access to these records provided they are not sealed or exempt.
• The Alabama Trial Court online search portal. On this portal, one may review civil case files of trial courts in Alabama including restraining orders by name or case number.
• The online search tools by the courts in the various counties.
• The official repositories of law enforcement agencies
• Independent record providers.

Can You Look Up a Restraining Order Online?

Yes. There is no statewide repository for accessing restraining orders in Alabama. Hence, concerned persons may need to identify the County where the restraining order was issued and search the courthouses located in that county for information on the desired restraining order. Most of the courthouses provide online search tools for public access to court records. These search portals may be used by case parties and members of the public to view information about restraining orders issued in the specific county. However, based on the privacy policies and public record exemptions, the information available for public inspection may be limited.

Concerned persons may also review civil case files featured on the Alabama Trial Court online search portal for information on issued restraining orders. A case number or party name is usually required to obtain information from this search portal. As an alternative, inquirers may consider engaging the services of independent record providers (also known as third-party aggregator sites) to look up restraining order information contained in civil case records.

How To File A Restraining Order In Alabama

Eligible applicants may file for an Alabama restraining order using the following steps:

• Step 1: Determine the Type & Complete the relevant Forms

A petitioner may start the process of obtaining a restraining order by identifying the type of restraining order that best suits their current situation. They may then go ahead to obtain and fill out the appropriate application form. Application forms may be available at the clerk's office or online at the Alabama Administrative Office of the Courts website.

• Step 2: File at the Clerk of Courts Office

The duly completed application form(s) may be filed with a clerk of court in the county where the abuse occurred, the petitioner resides, or has a pending civil case with the abuser (Ala. Code § 30-5-3(c)). In cases of emergency, the petitioner may be brought before a judge to obtain a temporary ex parte order on the day of filing pending when the final hearing will be fixed.

• Step 3: Serve the necessary Paperwork

The petitioner is required by law to serve copies of the filed petition on the abuser and notify them of the fixed hearing date. Service of process is free of charge and can be done by a legal representative or a law enforcement agency.

• Step 4: Attend the Fixed Hearing

Once a hearing date is fixed, both the petitioner and defendant are required to be present in court. The judge reviews the petition and the evidence presented. A Final Protection Order may be issued after the hearing with specific instructions to the defendant.

Can You File A Restraining Order For No Reason In Alabama?

Not at all. Under State laws, only victims of domestic abuse, as defined by the law, or persons with a "reasonable cause" may file a petition for a restraining order. Any filed petition that does not satisfy the stipulated requirements is usually dismissed and denied.

What Proof Do You Need For A Restraining Order In Alabama?

Petitioners seeking a restraining order in Alabama are required to provide some form of evidence to back up their claims. However, the level and standard of evidence needed are not as burdensome as that of a criminal proceeding. In addition, the type of restraining order required may determine the strength of the evidence required by the court.

For temporary "ex parte" or emergency orders, a sworn statement or allegation from the applicant stating acts of abuse or fear of abuse is enough evidence for the issuance of a restraining order. On the other hand, for a judge to approve or issue a "Final Protection From Abuse Order" or a No-contact order, one or more of the following evidence types may be requested:

• Pictures, audio, or video recordings showing threats, injuries to the victim, physical abuse, or damaged property
• Police reports or 911 calls filed after or before an incident
• Sworn witness testimony and statements
• Medical reports or psychological assessment records
• Digital evidence such as text messages, call recordings, or social media posts
• Physical injuries or damages such as torn clothes, wounds, or behavioral changes
• Previous restraining orders, reports of abuse, or criminal convictions

How Long Does It Take To Get A Restraining Order In Alabama?

The duration of time needed to get a restraining order in Alabama typically depends on the type of order and the surrounding circumstances. Generally, temporary ex parte orders may be issued the same day as the filing or within three days after the petition is filed(Ala. Code § 30-5-6(a), (b)). However, Final Protection Orders are issued after a hearing which is usually scheduled within seven to fourteen days after the petition is filed. The judge may issue the final protection order on the same day as the hearing or extend the issuing date to a later time.

How Long Does A Restraining Order Last In Alabama?

The validity period of restraining orders also varies in Alabama based on the circumstances and nature of the issued order. In general, emergency or ex parte orders typically remain valid between seven and fourteen days(until a hearing is fixed). The judge may decide to extend the validity period of an emergency order based on the peculiarity of the case at hand. A Final Protection Order will typically last for one year after its issuance unless it is extended or reviewed by a court.

How Much Does A Restraining Order Cost in Alabama?

In Alabama, concerned persons and victims of domestic abuse may file, modify, or serve a petition for a protection-from-abuse order free of charge(Ala Code § 30-5-5(g)). The application forms required are provided for free at the clerk's office or official websites of the court of jurisdiction. However, applicants may query the specific county clerk's office to verify the payment requirements for obtaining a restraining order.

Can You Cancel A Restraining Order In Alabama?

Yes. A petitioner or respondent is entitled to file a motion to modify, change, or terminate a restraining order at no cost according to Alabama State laws. However, the parties involved cannot privately do so without the consent of the issuing court. Only an issuing court can change, modify, or terminate an existing restraining order. To file a petition to modify a restraining order, concerned persons may:

• Fill out the same "Petition for Protection from Abuse" form used in the original application.
• Tick off the box that says requesting a "change in a current protection order" usually found on the second page of the application form.
• File the completed form with the clerk of court.
• Serve and notify the other party involved with the copies of the filed petition.
• Wait for a scheduled hearing date from the court.