Removing an Alabama Restraining Order
Criminal Defense in Huntsville, Alabama | Crumbley-Blackwell & Associates, P.C.
In Alabama, restraining orders – sometimes called orders of protection – are generally the result of criminal domestic violence convictions or accusations. Although, this is not a necessary prerequisite to receive a restraining order against someone. As long as a person can produce “reasonable cause” for why they need a restraining order – the court can grant one. In many situations, the court will create a temporary order of protection when no evidence of harm or threat of harm exists, just to err on the side of caution. The trouble of excessive restraining order penalties stems from the ease of getting them, and the fact that they cannot be removed once they are in place. A person could be mild-mannered, respectful, and have a spotless Alabama criminal record yet still be powerless when it comes to lifting an active restraining order. The order is only removed once its duration has expired. A temporary restraining order will last around 14 days or as soon as a courtroom hearing is completed, whichever comes first. At the court hearing, a judge decides if the temporary order of protection should be extended or not. Extensions can last a year, maximum, but at any time, the original petitioner can ask the court to extend it further.
Restrictions of a typical order of protection include:
- Completely blocked communication with petitioner
- Limited allowed travel
- Removal of child custody rights
- Forced relocation to new home
- Temporarily giving vehicle to petitioner for mandatory trips
All of this can occur without so much as a page of evidence (relating to domestic violence). And it can happen indefinitely if nothing is done to combat it. While a restraining order essentially cannot be removed early, it can be prevented from renewal, or from being allowed in the first place. If you or a loved one are dealing with issues relating to an Alabama restraining order – contact a criminal defense attorney from our team to schedule a free consultation. With our assistance and representation – we may be able to stop a restraining order from stripping your freedom. Get started today by calling (256) 539-4464 or completing a case evaluation form.