Executive Summary: Civil protection orders, known as PFAs in Alabama, can limit contact, grant temporary custody, and require one spouse to leave the home during a divorce. They’re available when there are threats, violence, or harassment between spouses or co-parents. Protection orders can impact custody, property, and communication. Violations are criminal offenses. Whether you need protection or have been accused, these orders should be taken seriously.
Divorce is hard enough without feeling unsafe. In Alabama, if threats, harassment, or violence are part of the picture, the court may issue a civil protection order—sometimes called a restraining order—to help protect a spouse or child during and after a divorce.
But not everyone understands what a civil protection order actually does or how it can affect the rest of the divorce. If you’re involved in a divorce where safety is a concern, here’s what you need to know about protection orders under Alabama law.
What Is a Civil Protection Order?
In Alabama, a Protection from Abuse Order (PFA) is a civil court order designed to prevent further acts of domestic violence. It is available under the Protection from Abuse Act (Alabama Code § 30-5-1 et seq.) and can be requested by anyone who has been abused (or reasonably fears abuse) by a current or former spouse, household member, or someone they’ve dated or had a child with.
A PFA can do the following:
- Prohibit contact from the abusive person
- Require the person to move out of the home
- Grant temporary custody of children
- Require the person to stay away from work, school, or other places
- Ban firearm possession while the order is active
In divorce cases, PFAs often come up when there are allegations of physical violence, threats, or harassment.
How Do You Get a Protection Order?
To request a PFA, you file a petition with the circuit court in the county where you live, or where the abuse occurred. The court can grant a temporary order immediately if there’s an immediate threat.
A full hearing is usually held within 10 days, where the person accused of abuse (the “respondent”) has a chance to respond. If the court finds enough evidence, it may issue a longer-term order, sometimes lasting up to one year or longer depending on the situation.
What If a Protection Order Is Issued During Divorce?
A civil protection order can affect a divorce case in several ways:
- Custody and visitation: If one parent is accused of abuse, the court may limit or deny visitation, especially if the child witnessed violence or was harmed.
- Living arrangements: A PFA can force one spouse to leave the marital home, even before the divorce is finalized.
- Communication: The order may limit or block direct communication, meaning all legal discussions have to go through attorneys.
- Court behavior: Violating a protection order is a criminal offense and can lead to jail time. This can affect how the court views the violator’s parenting ability or overall credibility.
If the protection order is based on false or exaggerated claims, the accused spouse still needs to take it seriously. The order stays in effect until the court changes it or it expires.
Can a Protection Order Be Misused?
Yes. Sometimes, protection orders are filed as a legal strategy during contested divorces, especially when custody or property division is being fought over. But making a false claim to get a protection order can backfire. Courts take these matters seriously, and the accused has the right to present evidence at a hearing.
If you’ve been served with a protection order you believe is unfair, it’s important to show up at the hearing, provide evidence, and challenge any false claims.
What Happens If the Order Is Violated?
Violating a civil protection order is a criminal offense in Alabama. Depending on the circumstances, it can result in:
- Arrest
- Fines
- Jail time
- Additional criminal charges
- Changes in custody or visitation rights
Even unintentional contact like replying to a text or showing up at the same store can lead to serious consequences if the order is clear about no contact.
Civil protection orders are powerful legal tools. When used properly, they offer safety and stability for people going through difficult divorces. But they can also shape custody, housing, and legal strategy in ways that last long after the divorce is finalized.
At John M. Totten, P.C., we help clients understand how protection orders can impact their divorce, whether they need one for safety or are facing one themselves. If you’re in the middle of a divorce and need to talk about safety, strategy, or both, give us a call.
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