FAMILY LAW / DIVORCE RELATED
ORDERS OF PROTECTION & RESTRAINING ORDERS
Family Law clients who require emergency protection often feel further threatened and intimidated by the legal process. Even the fundamental question of how to get a restraining order can seem overwhelming. We will take the time to answer all of your questions in a clear and straightforward way, and help you understand all of your options. We will then work with the courts to protect your safety and security.
If you are in a relationship in which you or your children are the victims of family violence, we will help you obtain a protective order or a temporary restraining order. Once the court has issued a protective order or restraining order on your behalf, violation of its conditions may result in civil and criminal penalties. We will assist you in filing for a protective order or restraining order and represent you throughout the process, to ensure that the court's orders are enforced and that your interests are protected.
At CLENNEY and PALMER, we offer experienced Family Law attorneys to people in need of emergency protection. Since 1999, we have worked within the Alabama Family Courts on behalf of our clients, their children and their families. We use our knowledge of the law to help our clients and their families find protection and relief. It is our goal to make the legal system work to protect you.
Our Family Law attorney, Deborah Palmer is an experienced restraining order and protective order lawyer in Montogmery, Alabama. The safty and interests of our clients are our highest priorities.
If you believe that your safety or the safety of your children is being threatened, or if you are the victim of domestic abuse or family violence, contact us immediately to find out how we can help you.
TEMPORARY RESTRAINING ORDER
A temporary restraining order (TRO) is an order signed by a judge without notice or hearing. In the family-law context, temporary restraining orders are often granted in divorce cases, paternity cases, child-custody suits, and other suits affecting the parent-child relationship. The usual purpose of a TRO is to maintain the status quo--in other words, to "freeze" everything until a hearing can be held so that a judge can listen to evidence and make his or her decision.
A TRO can order parties not to destroy marital property, and can order a party not to remove a child from the child's current residence, school or day-care center. A TRO cannot exclude a spouse from the marital residence (except under special circumstances) or exclude a parent from possession of a child, or grant one spouse temporary custody of a child (except under very special circumstances).
The TRO is good for 14 days and can be extended an additional 14 days. Ordinarily, a hearing is scheduled during that time so that a judge can decide whether the TRO should be turned into a temporary injunction which will remain in effect until a final trial.
Temporary Orders (child support, spousal support, etc.)
Since a divorce can take several months or even longer to become final, temporary orders are often necessary whenever children or property are involved. Temporary orders in divorce cases usually provide for the temporary custody, support and visitation of the children. Temporary orders may provide for the temporary exclusive use of property by one spouse or the other, and may order one spouse to provide temporary spousal support to the other until the divorce is final. If one spouse is in control of substantially all of the community assets, that spouse may ordered to give his or her spouse money for attorney's fees, called interim attorney's fees.
Virtually anything can be the subject of a hearing on temporary orders, and you should always discuss with your attorney whether a TRO and/or a hearing on temporary orders is right for you.
If you want to know more about Alabama laws concerning temporary restraining orders, protective orders, or temporary orders in divorces and paternity suits, call us at CLENNEYand PALMER .
IF YOU ARE IN A VERBALLY OR PHYSICALLY ABUSIVE RELATIONSHIP DON'T FOOL YOURSELF INTO BELIEVING THINGS WILL GET BETTER !
SADLY... THEY DON'T !
YOUR ABUSER WILL PROMISE YOU THEY WILL NOT DO IT AGAIN OR THEY WILL STOP !
SADLY... IT'S A HIGH PERCENTAGE THEY WONT !
RESTRAINING ORDER / PROTECTION ORDER BASICS
Restraining Order or "Protection Order" , its the same thing, is a Court order that keeps your property and legal rights safe before something happens. The Order states the terms a person or company must follow or there will be legal consequences, such as fines and / or jail time.
WHO YOU CAN RESTRAIN
In domestic law ( Family Law ), You must have a close personal relationship with the person posing a threat. You can get a restraining order / protection order against your spouse, domestic partner, someone you are dating, your parents, child(ren), sibling or inlaws.
WHO CAN GET A RESTRAINING ORDER
In domestic law ( Family Law ), if you are a victim of domestic abuse, harassment, stalking or neighborhood disputes. Parents and guardians of a minor child can also petition the Court to protect the child's safty or legal right.
WHAT IF THE PERSON YOU WANT TO BE RESTRAINED
DOES NOT HAVE A RELATION WITH YOU.
If the person threatening you ( a stranger, roommate, neighbor, company that is infringing on your rights ) you can file for a CIVIL RESTRAINING ORDER.
GENERAL TERMS OF ORDER
The Court has authority to order someone to act or not to act in a certain way(s). In Domestic matters the general terms of a restraining order is that someone not do the following, but according to the circumstances the Court can order addition terms.
Most common terms :
IF YOU ARE BEING HARASSED, STALKED OR IN AN ABUSIVE RELATIONSHIP...
AND IF YOU ARE IN IMMINENT DANGER CALL THE POLICE RIGHT NOW ! 911
IF YOU ARE NOT IN IMMINENT DANGER, BUT WANT TO PROTECT YOURSELF AGAINST POSSIBLE FUTURE CONFLICTS
GIVE US A CALL IMMEDIATELY 334-262-0400
When Restraining Order / Protection Order issues arise, you want a knowledgeable and experienced Clenney & Palmer, LLC Attorney by your side every step of the way.
What are Alabama Protection from Abuse Law
we are protection from abuse attorneys and lawyers.
ALABAMA LAW REQUIRES THE FOLLOWING : We are a debt relief agency and attorney at law who help people file for bankruptcy relief under the Bankruptcy Code.
No representation is made that the quality of legal service to be preformed is greater than the quality of legal service preformed by other lawyers.
Clenney & Palmer,LLC
Help with divorce law, divorce procedure and separation in montgomery alabama.
alabama divorce law, divorce procedure and seperation services.