Restraining Order & Protection Order Basics

Restraining order or protection order, is a court order that keeps your property and legal rights safe before something happens. The order states that 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 family law, you must have a close and personal relationship with the person posing a threat. You can get a restraining order against your spouse, domestic partner, someone you are dating, your parents, your children, siblings or in-laws.


WHO CAN GET A RESTRAINING ORDER:

In family law, if you are a victim of domestic abuse, harassment, stalking or neighborhood disputes. Parents or guardians of a minor child can also petition the court to protect the child's safety or legal right.


WHAT IF THE PERSON YOU WANT TO BE RESTRAINED DOES NOT HAVE 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.





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 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.

PROTECTIVE SERVICES

IF YOU ARE BEING HARASSED, STALKED OR ARE IN AN ABUSIVE RELATIONSHIP AND YOU ARE IN IMMINENT DANGER, CALL 911 IMMEDIATELY.

Call Today:  (334) 262-0400

At Clenney and Palmer LLC, 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.

TEMPORARY RESTRAINING ORDER

A temporary restraining order (TRO) is an order 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 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 excuse 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 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 trail.



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 suppose 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 order to give his or her spouse money for attorney fees (interim attorney fees).


Virtually anything can be the subject of a hearing on temporary orders, and you should always discuss this with your attorney whether a TRO and/or 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 the family law Attorneys at Clenney and Palmer LLC.