Protection From Abuse Attorney Serving Baldwin County, Alabama

Domestic abuse cases have profound impacts on the safety, well-being, and emotional health of victims. Alabama has stringent laws designed to protect individuals from various forms of abuse, including physical, emotional, and sexual abuse.  

If you're in immediate danger, please call 911 and seek help from law enforcement. Once you're safe, it's important to speak with a protection from abuse (PFA) attorney who can assist you in obtaining an order of protection.  

At the Kesling Law Firm, we provide compassionate and comprehensive legal services to uphold the safety and rights of my clients. We never back down in the face of injustice. 

If you or a loved one is facing abuse, it's so important that you understand the legal protections available and the steps you can take to secure safety. Contact our family law firm in Baldwin County, Alabama, as soon as you're able to so we can discuss your options and help you take the necessary action. 

Understanding Protection From Abuse Orders

A PFA order is a type of restraining order designed to protect victims of domestic violence. Governed by Alabama’s Protection from Abuse Act (Alabama Code § 30-5-1 et seq.), PFAs are available to individuals who are facing abuse or are in imminent danger of abuse from 

• A spouse or former spouse. 

• A current or former intimate partner. 

• A family member. 

• Someone residing in the same household. 

• Someone who shares a child with the victim. 

Each Protection from Abuse order is tailored to the unique circumstances of the petitioner. Depending on the specifics of your case, a judge may order the alleged abuser to: 

• Cease all contact with you. 

• Vacate your shared residence. 

• Maintain a distance of at least 300 feet from your home, work, or school. 

• Grant you temporary sole custody of any shared children. 

• Surrender all firearms. 

• Prohibit the sale or disposal of any jointly owned property. 

COMMON MISCONCEPTIONS

A lot of folks think the County or State will assist them in prosecuting a PFA and that is simply not the case. A PFA is not to be confused with its criminal cousin Domestic Violence. A PFA is a civil case and you must either be prepared to present your case yourself or hire an attorney to present the same on your behalf and in open Court.

We have been helping folks present and defend against PFA cases in Baldwin County, Alabama, since 2007, and we are happy to help you, too.

Gimme a call and let's talk about it!

Common Forms of Abuse Addressed

In Alabama, the law recognizes various forms of abuse, which can all be grounds for obtaining a PFA. These include: 

• Physical abuse: Any act causing physical harm or injury, such as hitting, slapping, or choking. 

• Emotional abuse: Non-physical behaviors that cause psychological harm, including intimidation, threats, and isolation. 

• Sexual abuse: Any non-consensual sexual act, including rape and unwanted touching, often deeply impactful on the victim’s mental health. 

• Stalking: Persistent and unwanted attention that causes the victim to feel threatened or afraid, including following or harassing the victim. 

How We Can Help

If you're a victim of domestic abuse, it's vital to take immediate action to ensure your safety and the safety of those in your household. Our firm can support you through the entire process of obtaining a PFA. The steps typically include: 

1. Filing the petition: We will help you fill out the necessary forms with detailed information about the alleged abuse, including dates and specific incidents. 

2. Submitting the forms: Once the forms are completed, we will guide you through the process of filing them with the clerk in the family court division of your local county courthouse. 

3. Hearing preparation: Unlike other hearings, a PFA hearing only requires the judge to hear from the petitioner. We will prepare you for this hearing, ensuring you are ready to present your case effectively. 

4. Service of process: After the PFA is issued, the court will arrange for a deputy sheriff or law enforcement official to serve the alleged abuser with the order and details about the hearing date. You should not attempt to deliver these documents yourself. 

Our lawyer practices both family law and criminal law, so we recognize that dealing with domestic violence is an incredibly challenging and emotional experience. At Kesling Law Firm, our priority is to provide you with the legal support and advocacy you need to feel safe and protected.  

Frequently Asked Questions About PFAs

Having your questions addressed is vital to ensure you fully understand your rights and the legal process involved in obtaining a Protection from Abuse order. Here are some common ones we receive from PFA clients we’ve worked with: 

Can I seek a PFA for my children? 

Absolutely, you can seek a Protection from Abuse (PFA) order to protect your children from domestic violence. The court can grant temporary custody and implement measures to ensure their safety. 

How long does a PFA last? 

The duration of a PFA can vary. Emergency PFAs typically last until a full court hearing, while standard PFAs can last up to one year, with the possibility of extension. 

What if my abuser violates the PFA? 

Violating a PFA is a serious criminal offense. If your abuser violates the order, contact law enforcement immediately. They can intervene and hold the abuser accountable for the violation. Our firm can assist you in enforcing your PFA and taking additional legal actions if necessary.