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Alabama Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence, Real Estate Law and Civil Litigation for Alabama on
Q: Will court grant house key despite domestic violence record among siblings?

Four siblings inherited a house, with one sibling living there for 14 years. Due to domestic violence incidents involving another sibling, this sibling has not been allowed access. They are now suing to force the sale of the house and obtain a key. Given the police report documenting domestic... View More

James Blount Griffin
James Blount Griffin
answered on May 7, 2025

The inheritance of title to the house and the domestic violence are two separate issues for the courts because title and possession are two different things under the law.

Inheritance of title by the four siblings cannot be ignored. It does not sound as if an estate was ever opened and the...
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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 Domestic Violence and Criminal Law for Alabama on
Q: How does a no contact order work for domestic violence menacing 3rd degree?

I would like to understand how a no contact order works in cases of domestic violence menacing in the third degree. Specifically, what are the potential consequences if my boyfriend and I have contacted each other despite the order? How is such contact typically identified or monitored?

James L. Arrasmith
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answered on May 15, 2025

A no contact order in a domestic violence menacing in the third degree case means that the person accused (your boyfriend, in this case) is legally forbidden from contacting the protected person—you. This includes phone calls, texts, social media messages, in-person visits, and even messages sent... View More

1 Answer | Asked in Civil Rights, Family Law and Domestic Violence for Alabama on
Q: Can DHR take my children without a court order or explanation?

Can DHR take my children without a court order or explanation after I repeatedly called the police due to my ex's abusive behavior? Despite having never been in trouble with the law and having evidence of my ex's aggressive actions, they gave him custody of my youngest child after taking... View More

James L. Arrasmith
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answered on May 15, 2025

This is incredibly upsetting, and your confusion and fear are completely valid. Generally, the Department of Human Resources (DHR) or Child Protective Services can only remove children without a court order if they believe the children are in immediate danger. Even then, they are required to... View More

1 Answer | Asked in Domestic Violence and Civil Rights for Alabama on
Q: How can I obtain a restraining order to protect myself from my family in Alabama?

I have made several attempts to get away from my family, including filing police reports. My life is in jeopardy, and Tracy is refusing any intervention from the Richeys. I need to know how I can obtain a restraining order or what steps I should take to protect myself legally. What should I do next?

James L. Arrasmith
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answered on May 14, 2025

What you're going through sounds terrifying, and you deserve safety, peace, and real protection. In Alabama, you can request a restraining order—also called a Protection From Abuse (PFA) order—if you’re being threatened, harassed, or harmed by a family member. Since you’ve already... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: Court questions in boyfriend's domestic violence case as a victim.

In my boyfriend's domestic violence case, I am the victim and have already provided a statement to the police. What types of questions can I expect to be asked in court?

James L. Arrasmith
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answered on May 14, 2025

Walking into court as the victim in a domestic violence case can feel overwhelming, but knowing what to expect can help you feel more prepared. You’ll likely be asked to describe what happened during the incident—when it occurred, where you were, what your boyfriend said or did, and how you... View More

1 Answer | Asked in Domestic Violence and Family Law for Alabama on
Q: What are my rights as a domestic violence victim in Alabama and how can I get an attorney?

I am a victim of domestic violence in Alabama with an ex parte PFA ordered six months ago, but I haven't had a final hearing court date. My son has been running away, and I had to relocate for safety reasons. I cannot afford an attorney and need legal representation for the hearing to protect... View More

James L. Arrasmith
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answered on May 14, 2025

You have the right to safety, dignity, and to be heard, especially as a survivor of domestic violence in Alabama. With an active ex parte Protection from Abuse (PFA) order, you are entitled to a final hearing where the court can decide whether to make that protection long-term. If you’ve been... View More

Q: Can I sue DHR for allegedly forging my signature on a safety plan in Alabama?

I and my son have been victims of domestic violence from his father, and while a victim advocate helped me secure an ex parte PFA, my son wasn't included in it. Initially, I thought DHR would assist me, but my son has started making false allegations of abuse against me. I discovered that DHR... View More

James L. Arrasmith
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answered on May 14, 2025

You’re carrying a tremendous burden, and it’s completely understandable to feel overwhelmed, especially when the very systems meant to protect you appear to have betrayed your trust. If DHR forged your signature on a legal document like a safety plan, that is not only unethical—it may be... View More

Q: What are my options regarding custody issues and allegations in Alabama?

I have a Protection from Abuse (PFA) order against my ex-husband in Alabama, following a domestic violence charge. My 17-year-old son was not initially included in the PFA. After the order was served, he began running away and skipping school under the influence of his father and paternal... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a heartbreaking and deeply overwhelming situation, and it's clear you're doing everything you can to protect your child and yourself. The forged safety plan, the false accusations, and the manipulation by others are serious concerns, especially when your rights as the... View More

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 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 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 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 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 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.

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