|
LEGAL ADVOCACY
Crisis Services of North Alabama offers the services of legal advocates to help victims navigate the court system. Services include:
- accompanying client to court during hearings to provide support
- providing appropriate information and referrals
- assisting eligible clients with Protection from Abuse Orders and safety plans
- assistance with filing for Victims Compensation
PROTECTION FROM ABUSE ORDERS
A Protection from Abuse Order (PFA) provides a victim and his/her children with court protection when the victim's partner has physically abused him/her. It is an order from the court that prohibits the abuser from harassing, annoying, alarming, intimidating, assaulting, or communicating with the victim.
- There is no fee for filing a Protection from Abuse petition.
- When the petition is filed with the court, the Judge can give a temporary protection order (Ex-Parte).
- The Judge will schedule a hearing to hear both sides, usually within two weeks.
- If the petitioner does not attend the hearing, the Judge will dismiss the petition and may charge for court costs of the proceeding.
In a Protection from Abuse Order, the Judge can order the following:
- Custody of children.
- Exclusive use of the home
- Child support
- Temporary use of a car
A Protection from Abuse Order is obtained in the following manner: Contact the Crisis Services of North Alabama court advocate in the county of residence.
| Madison: |
(256) 716-4052 |
| Morgan: |
(256) 353-8830 |
| Limestone: |
(256) 232-0280 |
| Jackson: |
(256) 574-0345 |
Contact the appropriate county's Circuit Clerks Office, Family Division.
| Madison: |
(256) 532-6374 |
| Morgan: |
(256) 351-4724 |
| Limestone: |
(256) 233-6406 |
| Jackson: |
(256) 574-0345 |
PROTECTION FROM ABUSE ORDERS
FREQUENTLY ASKED QUESTIONS
- Will my partner get visitation with the children?
- Probably, as most Judges want children to spend time with both parents.
- Do I have to have witnesses?
- Most victims do not have any witnesses. This is ok. You can prove the abuse by your testimony.
- Will I have to testify in Court?
- Probably.
- Can I get my personal property back from my abuser?
- At the final hearing, you may ask the Judge to have your abuser return your personal property to you. Bring a list of your personal property with you to Court.
- When will I find out what the Judges ruling is?
- Most judges will not give you their decisions in court. It typically takes about ten days before you receive the order of the court.
- If I am ordered child support, how is it determined?
- The Judge follows a guideline that is based on your gross income, your partner's gross income, how much is paid for previous child support orders, medical insurance premiums, and child care costs.
- Do I have to have a lawyer?
- Not necessarily. However, if your abuser appears with a lawyer, it might be to your advantage to have one also.
- What happens if my abuser violates the Protection Order?
- Call the police immediately. Violation of the Order is a misdemeanor offense.
REMEMBER: The Protection Order is just a sheet of paper and doesn't stop bullets or knives. Take measures to ensure you and your children are safe. Always keep a copy of the protection order with you.
|
