Alabama defines domestic violence in three criminal degrees, and separately allows a victim to petition for a civil Protection From Abuse (PFA) order regardless of whether criminal charges are filed. The two systems work together: a PFA order can be granted the same day a petition is filed, while a criminal domestic violence charge carries its own penalties and, in a divorce or custody case, triggers a legal presumption against the abuser getting custody.
Alabama's domestic violence statutes classify the offense in three degrees based on the underlying conduct and the relationship between the parties. All three require the victim to be a current or former spouse, parent, child, step-relation, someone the defendant shares a child with, a present household member, or a dating partner.
A PFA order is a civil remedy under the Alabama Protection From Abuse Act, Ala. Code § 30-5-1 through § 30-5-11, and it does not require a criminal charge or conviction. A petition can be filed in circuit court, before a specially appointed district judge, or before a district judge designated by standing order, and there is no filing fee under § 30-5-5.
Two timelines matter. Under § 30-5-6, the court must grant or deny a request for a temporary ex parte order within three business days of filing, and it must hold a final hearing within ten days of the defendant being served. Ex parte relief under § 30-5-7 can include a no-contact order, a stay-away distance requirement, exclusion from a shared residence, temporary custody of children, and temporary possession of a vehicle or personal property, all before the other party is even heard from.
The petition is filed on Alabama Administrative Office of Courts Form C-02, Petition for Protection from Abuse, paired with Form C-02A to request a hearing.
A finding of domestic or family violence does not just affect the abuser's criminal record. Under Ala. Code § 30-3-131, a judicial finding that domestic or family violence occurred creates a rebuttable presumption that it is detrimental to the child, and not in the child's best interest, for the perpetrator to have sole custody, joint legal custody, or joint physical custody. The presumption can be overcome, but the burden shifts to the person found to have committed the abuse. For a deeper look at how this plays out in a custody case, see our guide on how domestic violence affects child custody in Alabama.
Whether you are seeking a protection order, responding to one, or facing both a criminal domestic violence charge and a related divorce or custody case, the deadlines above move fast, and the outcome in one case can shape the outcome in the others. Our team at Summit Family Law helps clients across Alabama navigate protection orders, custody proceedings involving domestic violence, and the divorce cases that often follow.
The degree depends on the underlying offense. Third degree covers lower-level offenses like harassment or menacing and is a Class A misdemeanor. Second degree covers more serious offenses like assault in the second degree or stalking and is a Class B felony with a mandatory minimum six-month sentence. First degree covers the most serious offenses, like assault in the first degree, and is a Class A felony.
A court must rule on a request for a temporary ex parte order within three business days of filing, and it must hold a final hearing within ten days of the other party being served.
No. A PFA order is a civil remedy under Ala. Code § 30-5-1 through § 30-5-11 and can be sought whether or not a criminal domestic violence charge is filed.
Not automatically, but it creates a rebuttable presumption under Ala. Code § 30-3-131 that custody with the person found to have committed the violence is not in the child's best interest. That presumption can be challenged with evidence, but the burden is on the person who committed the abuse.
Alabama Administrative Office of Courts Form C-02, Petition for Protection from Abuse, along with Form C-02A to request a hearing.
Related reading: Alabama Child Custody Guide | How Domestic Violence Affects Child Custody in Alabama | The Alabama Divorce Process: A Complete Guide