This is a sample Protective Order for certain documents and information that are claimed to be confidential or personal. The order addresses the non-disclosure of such information during discovery or trial.
Alabama Sample Protective Order
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FAQ
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order.If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable.
Violating the protection order by committing an act of abuse (assault, child abuse, harassment, sexual abuse, stalking, theft, trespassing, unlawful imprisonment, etc.) will be punished as a Class A misdemeanor. Additionally, a person can be found in civil contempt of court for not following the order.
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
A criminal no contact order will typically prevent the defendant from any contact with the victim or witnesses. The defendant will not be permitted to contact the victim or witnesses in person, via telephone, email, text messages, written mail, or through third party contact.
Get the documents. In order to be prepared to fight the order you need to know exactly what is being said about you. Know the law in your state. Know the timelines for contesting these orders, and take action immediately when you are informed that there may be an order against you.
A restraining order can be issued by either a criminal or civil court in Alabama. If it is issued by a criminal court, this means that the perpetrator also has criminal charges pending. With a civil court case, you aren't asking that the person be jailed, but rather that they stay away from you and stop the abuse.
No. A victim who has an order of protection (temporary or final) cannot violate his/her own order or be arrested for violating such order.
Consider Hiring an Attorney. Prepare Your Evidence in an Organized Fashion. Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. Be Mindful of Proof of Service. Do Not Underestimate the Burden of Proof.