While family law attorneys perform various functions for their clients, one of their most important is to keep them and their families safe. One way family law attorneys handle domestic violence cases is by helping people seek protection from their abusers. If you are in need of protection due to domestic violence, here is what you need to know.
You Do Not Need a Lawyer to Seek Protection
Although domestic violence is a key practice area within the general category of family law, and you can receive assistance from an experienced family law attorney in Alabama, first and foremost, it is important to understand that you do not need to hire a lawyer to get immediate help from an abuser. If you do not feel safe, you are fully justified in calling the authorities.
Even if you have not yet been physically harmed, you can always call 9-1-1 after facing threats or property damage. Next, call an Alabama family law attorney.
Filing for a Protection from Abuse Order with Help from a Family Law Attorney
Once police assist you and address the threat, you can start to explore your options alongside an experienced family law attorney in Alabama. If you have suffered legitimate harm or threats, your abuser might be arrested. During this time, you can file for a protection from abuse order (PFA order) and prevent your ex from coming into contact with you after their release. After you file this order, your ex may be prohibited from returning to the family home. Alternatively, you could leave the family home (perhaps with your children) and use a protective order to prevent your ex from following you.
In most cases, the PFA order goes into effect on the same day you file it. You can obtain your PFA quickly without excessive legal barriers, as courts recognize that time is of the essence. With all that said, it may be easier to file for your PFA order alongside an experienced family law attorney in Alabama. These legal professionals can help you avoid common mistakes; even small errors may lead to delays.
As stated above, a protection from abuse order prevents your abuser from coming into contact with you. This might be your spouse, partner, or household member. You are justified in seeking a protection order if you have been subjected to (or threatened with) various crimes, including:
- Sexual offenses
- Assault
- Arson
- Coercion
- Harassment
- Endangerment
- Child abuse
- Kidnapping
- Menacing
- Theft
- Stalking
- Trespass
- Unlawful imprisonment
In addition to preventing your abuser from coming into contact with you, a protection from abuse order can also give you possession of the family car and custody of your children. In addition, it may facilitate support payments, allowing you to address financial pressures while you consider your next steps.
Helping Domestic Violence Victims File for Divorce
It is important to understand that a PFA order does not automatically begin the divorce process. However, it may represent the first general step toward a divorce filing. An Alabama family law attorney can help those who have experienced abuse end their marriages and continue their lives with confidence.
Although a PFA order does not trigger a divorce, it may play a role in the proceedings. Alabama family courts often consider past domestic violence incidents when addressing issues like child custody, property division, and alimony. This is particularly true in cases of child abuse or physical violence between family members.
You can use this misconduct to your advantage, even if you choose an uncontested divorce. Although you might not use the abuse as “grounds” for divorce, you can still refer to the incidents during your divorce as you seek positive results.
Taking Sole Custody From an Abusive Ex
Another important consideration is child custody. Before a divorce, an act of child abuse may cause you to seek a protective order to shield your young ones from further violence. This may subsequently lead to a divorce. During the divorce proceedings, your family law attorney can help you establish that the abuser is not fit to act as a parent. If you are successful in these arguments, you could obtain sole physical custody. Although your ex may still have the right to visit the children, these visits may be carefully supervised to prevent further violence.
Sometimes, parents discover child abuse after their divorces have been finalized. For example, you might learn that your ex is abusing your children at their separate residence after your divorce. Perhaps your children came home with unexplained bruises, or maybe they have told you about their ill-treatment while living at your ex’s residence in a shared custody arrangement.
If you discover this type of child abuse, you are fully justified in filing a petition to modify the custody order in Alabama. Family courts will modify these parenting arrangements if they become aware of sufficient “changes in circumstance.” Instances of child abuse certainly qualify as changes of circumstance.
Proving child abuse can be challenging, and courts are very wary of unsubstantiated claims made by bitter spouses. Your family law attorney in Alabama can help you gather the necessary “preponderance of evidence” to prove that the child abuse is real.
If you successfully prove child abuse, your ex may lose both physical and legal custody. In other words, they may lose the right to make important decisions about the child’s life. These decisions might involve education, religion, and healthcare. They may also lose their right to spend time with the child unsupervised, and the child may live with you 100% of the time from then on.
Find an Alabama family law attorney for protection from domestic violence.
While getting protection from an abusive spouse is as easy as calling 9-1-1, you may require additional layers of legal protection. At Summit Family Law, our team of family law attorneys understands that each family is unique and that your specific circumstances require more personalized advice. With offices conveniently located in Huntsville and Birmingham, we are here to support you. Call us today.
