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Alabama Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for Alabama on
Q: My children in Foster Care& my husband in Jail over fabricatioed lies .

Officer & dhr plan for our

family due to me threatening the

Sheriffs office over Officer

mistreating my son. My husband

had a prior PI they thought it

would work. my husband is a

recovering alcoholic however he’s

a loving caring devoted... View More

James L. Arrasmith
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answered on Nov 12, 2023

I'm sorry to hear about the difficult situation you're facing. It's important to address these legal issues methodically and with proper legal representation. If you believe your court-appointed lawyer is not adequately representing your interests, you have the right to express your... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Alabama on
Q: If I was injured on a company's property can I seek legal action I lost function of my right hand because of this

I was at the apartments they rent out to there workers when I got into a argument with someone there and they ended up draging me with there truck and also when I manged to pull myself up in to the bed I stood up and he kept swerving trying to throw me off well so happens after couple trys he... View More

Hunter Garnett
Hunter Garnett
answered on Feb 20, 2022

You may have a claim against the driver of the truck and his automobile liability insurance. That would be an easier case than trying to sue the company who owns the apartment complex.

In the event that the driver's insurance denies the claim, you may also have a valid claim against...
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1 Answer | Asked in Domestic Violence for Alabama on
Q: I was a victim of domestic violence. Went to court and told them I didn't want to persue it in fear of retaliation.

The defendant received another court date and is convinced I filed them but the state is the plaintiff. He thought it was dropped. Why is there another court date? And am I involved?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Dec 27, 2021

I am assuming that this is an Alabama Court. If not, you should ask a Tenn. lawyer.

The state is who brings the charge against the person who abused you. You are the complaining witness. You should get some counseling and stick to your guns and see this through.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Alabama on
Q: Can the parole board revoke your parole on a charge that's still going to court

My husband got arrested in April and his parole officer violated him in June but he hasn't been to court for the charge from April and the parole board already stated that they are sending him to prison

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 16, 2021

It depends on the conditions of your husband's parole and whether or not he is in violation of any of those conditions.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: In the state of Alabama, if you touch someone's property such as keys, is it justifiable for that person to hit you?

You are asking your child's other parent a question about where they are taking your child and they are ignoring you so to prevent them from taking the child you grab their keys. After doing so they push you into a window, twist your arm and punch you. Are they legally justified?

Samuel G McKerall
Samuel G McKerall
answered on Dec 31, 2020

Of course not!!! But you already know that. You are being abused. See a lawyer. As an alternative, consider going to the County courthouse and swearing out a warrant against him for Protection from Abuse. (PFA) The Circuit or District Court Clerks will probably help you fill out the form.... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Alabama on
Q: I have recordings proving abuse & negligence by my baby's father. Can I use this to keep him away from her/protect her?

He recently got a domestic charge (3rd degree) with another woman (called in by his neighbors). I spoke to a previous girlfriend as well & both tell me horrible things he's done to them (text).

He put our infant daughter in danger many times & screamed at her, tossed her onto... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Nov 23, 2020

You have all the rights. Do not let him bully you into seeing her and possibly hurting her. You do not have to let him see her and it is bad for you if you do, knowing what he does. Go to DHR and sign up for child support. They do not do visitation nor custody. He will have to get a lawyer to get... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: Please forgive my ignorance regarding the question below. I may not be asking it correctly...

X

Sheila Crumley Field
Sheila Crumley Field
answered on Nov 2, 2020

If you are being abused, call 911. The police will respond and help you. Also go to the DAs office in your local county and they can help you get a PFA so he cannot come near you. They will also put you in touch with second chance so you can have a place to go, in case you don’t. Good luck.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I have 3 month old child and the father is narcissistic person. When he comes around he only comes for my money.

And verbally abuse me. I did a protection order but he held me hostage so I couldn’t go he also threaten me If I go back that he will hurt me and take our child. How can I collect child support and not let him be around my child? He sell drugs and is not a stable person.

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 27, 2020

Please contact 2nd chance and they will help you get away from him.

Also contact DHR who will go after child support without giving any visits. Good luck to you.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Alabama on
Q: I am unwed, pregnant, & do not want the father of my child involved in the pregnancy. What are my rights in AL?

We were in a serious relationship during the beginning of me becoming pregnant however have since broken up. He has become manipulative & verbally abusive & I am considered to be a high-risk pregnancy. Can I have him not be involved at all in my pregnancy & prenatal care &... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Sep 10, 2020

He does not have the right to bother you during your pregnancy. Contact him one last time and tell him if he bothers you again you will have him arrested. And then stop all contact. If he bothers you again call the police and have him arrested. When you go to the hospital and have the baby, do not... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: What will happen if I don't want to press domestic violence and harassment charges against my 18 year old son?
Sheila Crumley Field
Sheila Crumley Field
answered on Jul 30, 2020

Nothing. They will probably put the case in an administrative docket for six months and then if there are no further problems they will dismiss it.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: criminal law case if a planiff is in jail on a felony charge can my lawyer ask the judge for a dismissal with prejudice?

In my case as a defindent on the grounds she as no rights no more to pursue charges on me because she in jail.. Yes or no?

Travis T Juneau
Travis T Juneau
answered on Jul 28, 2020

If I'm understanding your question correctly, no. Just because a complaining witness is in jail, the state doesn't have to dismiss the charge against you. In fact, he being in jail makes the state's job easier as they know where she is and can easily bring her to court to testify... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: I met my husband in California 12yrs ago. 9yrs ago we moved to Alabama where he is from we are getting ready to file

Divorce. I want to take the kids back to

California with me. My husband is telling me that

I am not allowed to take the kids. Can i take my to Ca? I do not have any friends or family in Alabama. All the so called family is his mama brother and sister.

Kristine Jones
Kristine Jones
answered on Jun 21, 2020

Hello. It depends. You both can agree on taking them to CA, or try it before the judge and let him/her decide.

1 Answer | Asked in Domestic Violence for Alabama on
Q: I am 16 and my step dad and I got in to it. Neither of us had any marks or injuries. My Mom then put a camera in my face

I took the phone out of her hand and put it on the counter. She then came after me. Not once did I hit, grab or push her. They called the police and they told my that I am being charged with domestic violence and harassment. I don't know what's going to happen, and obviously my parents... View More

Sheila Crumley Field
Sheila Crumley Field
answered on Apr 23, 2020

Since you are a juvenile that’s how you will be charged, as a juvenile. Ask for a consent decree since it’s the first time you’ve been in trouble. A consent decree means you consent to being on probation and once you are through with probation the charge just goes away. If you have some... View More

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 31, 2020

Interesting question and very timely. You are asking for a judgment on a practice matter. A restraining order (which I believe would most appropriately come in the form of an Elder Protection From Abuse Order (EPFA) is very unlikely to be issued on your facts. Are your parents mentally competent?... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How do I get a DV removed from my record? A couple of years back, me and my brother had a disagreement. So we started

getting in each other's faces. No punch was thrown. So whenever the police arrived, he told us that if one of us don't "own up" to throwing the first punch, we're both going to jail. I didn't want my brother to get lock up so I said I hit him so he go to jail. And now... View More

Travis T Juneau
Travis T Juneau
answered on Mar 16, 2020

A misdemeanor DV conviction can destroy lives due to the unforeseen consequences. From the context of the question, it appears that you have already been adjudged guilty of Domestic Violence 3rd Degree. The two ways to have your Second Amendment Rights restored/ revived, that I can think of, are 1)... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Was assaulted by my 25 yo daughter in my home

I was taken to jail and charged with Domestic Violence 3rd degree, I have bruises from my wrist to shoulders both arms, she had nothing. Her boyfriend called from another county 911 and reported it, he wasn’t even here? How did I get arrested? Never been to jail or arrested I’m 46 years old and... View More

Kyle D Pierce
Kyle D Pierce
answered on Feb 29, 2020

It sounds like you definitely need to consult with a criminal defense lawyer. I, or a lot of other folks on this site, would be happy to talk with you.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: whats the process after being indictded by the grand jury
Kyle D Pierce
Kyle D Pierce
answered on Feb 13, 2020

You case will likely be set for an Arraignment, Pre-Trial/Plea Docket, then, if not yet resolved, a Jury Trial. However, every case can be different, so your best bet is to retain counsel as soon as possible.

1 Answer | Asked in Domestic Violence for Alabama on
Q: If a man is charged with domestic violence and it is his first offense will there be jail time?
William Jaksa
William Jaksa
answered on Aug 11, 2019

Depends on if its First, Second or Third degree; depends on the facts and allegations; depends on the accused person's background and their personal circumstances. There are a number of factors that need to be considered. However, the accused person should consider putting themselves in the... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: My 17 yr old daughter left home without consent & living in a hotel with her abusive 20 yr old boyfriend. Is this legal

I despise this young man. He is controlling, abusive & won't let her have friends. They have split up several times but she always takes him back. I am desperate to get her away from him. What are my options?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 15, 2019

If you do so before she is 18 you can file a CHINS petition. That is your best option. Get in touch with an attorney in your area and get this done. That is a court petition that can be filed through the juvenile court that says she is in need of supervision.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Husband and I was charged with DV 3rd harassment dual arrest no aggressor. State has issued us a protection order.

Neither one of us touched the other we have no marks of the such. What should we do, or maybe can be done?

Brian Joseph Lockwood
Brian Joseph Lockwood
answered on May 30, 2019

You need to contact an attorney in your local area as soon as possible. The charge is of a type that can haunt you on background checks, etc., if not handled properly.

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