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Alabama Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Criminal Law for Alabama on
Q: Can I seek custody of my niece due to her parents' history with domestic violence and drugs in AL?

I am an 18-year-old aunt in Alabama, soon to be 19, and I am actively involved in my 2-year-old niece's life. Her parents, who currently have custody, have a history of domestic violence and drug charges and have had a case with DHR, during which they temporarily lost custody. Given this... View More

James L. Arrasmith
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answered on Apr 16, 2025

You can insist that your sister leave your home immediately, since she’s trespassing and has no legal right to your property. Call the police and demand removal of an unauthorized occupant, and if needed file a dispossessory affidavit in magistrate court under O.C.G.A. § 44‑7‑50 to regain... View More

Q: Can child support be adjusted for my disabled son in Alabama?

I am currently being sued for child support for my three sons. My ex-husband gained custody by hiring an attorney and presenting false information in court, while I couldn't defend myself due to unemployment. I am a single mother and the sole provider for my severely disabled son, who requires... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Alabama, child support calculations typically consider both the income of the parents and the needs of the children. Since your disabled son requires 24/7 care, you may have a valid argument for modifying the child support amount for your other children, especially if your income is limited due... View More

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Alabama on
Q: How can I have my aunt in Virginia gain custody?

I am 16 years old and currently living with my grandmother in Alabama after being removed from my mother's care in Texas due to domestic violence and poor living conditions. Although I was placed with my grandmother, I am unsure if she has legal custody or if my mother retains control over... View More

James L. Arrasmith
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answered on Apr 13, 2025

First, it’s important to find out who currently has legal custody of you. If your grandmother has custody, she would generally have the legal authority to make decisions about where you live, but it’s crucial to confirm this. Since you were removed from your mother’s care due to safety... View More

1 Answer | Asked in Domestic Violence, Civil Rights, Social Security and Public Benefits for Alabama on
Q: How can I legally prevent contact from an abusive sibling in Alabama?

I am seeking legal advice on how to prevent my sibling from contacting me. She physically and emotionally abused me during childhood, leading to disabilities, including emotional brain injury and post-concussive brain injury. Despite repeatedly asking her to stop, her contact triggers severe health... View More

James L. Arrasmith
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answered on Apr 6, 2025

I'm really sorry you're going through this. In Alabama, you can request a Protection from Abuse (PFA) order, which legally prohibits your sibling from contacting or coming near you. Since you already filed a request with the sheriff's office, make sure to follow up with them or the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: My husband was arrested and I need advice

I filed a police report that we had a verbal fight and he took my car. I did not want him arrested. I wanted it documented. After leaving the police station he saw me driving and followed me. I was driving my mom’s car and he was driving mine. He pulled to the front side of me in a median and I... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you want to help your husband, but you need to carefully consider the situation and your role in the case. If you are subpoenaed to testify, you must attend, but if you are not asked to testify, you are not obligated to go to court. However, your presence at court can... View More

1 Answer | Asked in Domestic Violence, Civil Rights and Employment Law for Alabama on
Q: How can I address threats from my family and safely move out to join my husband in Illinois?

I'm 20 years old and live with my family, but I often feel unsafe due to threats and previous instances of physical aggression, such as my mother throwing things at me. They regularly demand money from me, and any attempt I make to discuss moving out is met with threats, including involving... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds frightening, and you deserve to feel safe. At 20, you're a legal adult with every right to live where you choose, and no one—family included—can legally force you to stay or take your money. The threats and physical aggression you're experiencing are forms of... View More

1 Answer | Asked in Domestic Violence, Civil Rights and Gov & Administrative Law for Alabama on
Q: Accused of domestic violence, case moved to district court. What should I do?

I was accused of domestic violence and initially went to court on 11/20, but my case was continued. The charges have now been moved from civil to district court. During the incident, the plaintiff told police it was a mistake and didn't want to press charges, but the officer proceeded with the... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation requires immediate attention from a qualified attorney who handles criminal defense and domestic violence cases. The movement of your case from civil to district court likely indicates the prosecution is pursuing criminal charges, despite the plaintiff's statement about not... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence and Libel & Slander for Alabama on
Q: Can I sue my father for 49 years of Mental and emotional abuse? I'm 49 and have psychiatric records from the age of 19

I'm 49 years old and my father still stalks me. He spreads lies about me to paint me in a negative light. I have emotional which exploits. He lies to discredit me if I were to tell anyone about the things. He tries to justify the way he treats me just by thinking that if he has some kind of... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm truly sorry to hear about your situation. You may have grounds to pursue legal action against your father for mental and emotional abuse, especially given the long history and the severity of his actions. Consulting with an attorney who has experience in family law and abuse cases can help... View More

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.

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