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Alabama Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Alabama on
Q: Man and woman have baby together and man gets in physical fight with COUSIN of woman can that be domestic violence?

Police had to get involved to control situation.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 12, 2019

Only if they satisfy the requirements of the statute: The victim must be "a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: I plead guilty to domestic violence/harassment in the 3rd over 10 years ago. Can I still obtain a conceal carry permit?

I have NEVER been charged with a felony nor have I had any legal trouble since 10-12 years ago.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on May 12, 2019

THe answer is probably no. If you have been convicted (which you have by pleading guilty and accepting a conviction) you are not eligible to carry a concealed weapon.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on
Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... View More

Kristine Jones
Kristine Jones
answered on Mar 11, 2019

Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?

In Alabama, and dad wants to see his son like crazy but no one in the family will help him to see his 5 year old son because they 'don't want to get involved'. She has a restraining order against the dad because he yelled at her last year (she is one of those who is using the system... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 14, 2019

If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: I have a question about the possible repercussions of an "Interference with a 911 domestic emergency call" Mobile,AL

My fiance was recently arrested for this crime which is a class B Misdemeanor. I did not want him to go to jail and expressed favor towards his side on the incident report. My 2 year old daughter was in the home but did not see any of it. He has several priors for minor posession charges but no... View More

Brian Joseph Lockwood
Brian Joseph Lockwood
answered on Jan 17, 2019

If your fiance is found guilty of interference with a domestic violence 911 call, it is extremely likely he will be put on formal probation. In order to put himself in the best position, he should consult with an attorney to discuss the options he has and the best possible outcomes.

1 Answer | Asked in Domestic Violence for Alabama on
Q: I had to call the cops on my exspouce for domestic violence dhr wants to meet for a investigation what's that consis of

The violence was not with my son but i was holding him when i got hit ..my son was not harmed in any way.im no longer with him and moved out

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 7, 2018

DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.

1 Answer | Asked in Criminal Law, Divorce, Civil Rights and Domestic Violence for Alabama on
Q: Hello, I am 75 years old, I have filed for divorce in Florida, we live with our son in Alabama,

Last night she called the police because I asked her to pay the bills on the 4th of next month, the police came and asked me to leave, I am a senior disabled handicapped male with 8 back surgeries and an Cardiac stent.

I see no reason for this type of treatment by the police, I had to leave... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 28, 2018

I am an Alabama Lawyer. I don't handle Fla. divorces

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex husband used physical, financial, and psychological abuse which I’d like to report after two months of being

divorced I am no longer scared of him. Is it too late to report?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 8, 2018

If you are divorced, you are too late. You should have raised those issues at trial.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My grandfather instigated an altercation with me, then proceeded to call 911 and have me arrested for domestic violence.

in the 3rd degree after he threatened to kill me. What would be the best way to get these charges dropped and FILE criminal charges against him for false accusing me as well as the threat against my life. I do not need this stain on my record, have never been arrested beforehand, and have never had... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 19, 2018

I assume this is an Alabama issue. THe police arrested you because they believed there was probable cause that you were the guilty party. Hire a criminal defense attorney and listen to what he or she tells you. DO NOT attempt to defend this yourself. GO see a lawyer.

1 Answer | Asked in Domestic Violence for Alabama on
Q: Can someone please help!! I was arrested for Domestic Violence 3rd degree. Is there any way I can have this removed?

I got into an altercation with my ex at his home. I made the 911 call to police. When the arrived they did not question me other than asking me if I had been drinking. After speaking to my ex ( I overheard him say we hadn't spoken in 6 months which is a lie) they told me to turn around and... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 21, 2018

Ask for an appointed lawyer in the criminal matter. Defend the criminal case. GO to the court where the charges are filed and file an affidavit of hardship and ask them to appoint a lawyer to you.

2 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Alabama on
Q: We are separated, my husband has our son with him that is 15yrs old. He won't let me pick him up to see him.

So what can I do until I can get a attorney

to be able to have time with my son. Plus he wont let him go to FL on vacation to see my family and my son told me he wants to go. How do i go about havijg rights over someone who is manipulating and acts like a narcissist?

Michael L Capleone
Michael L Capleone
answered on Jun 12, 2018

You need to get a court order, without one in place it will be obviously very difficult dealing with the circumstances. Without an order of the court, you both have equal rights to the child; With no visitation or custody schedule in writing.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I got into a verbal argument with my brother and was taken in, DV3rd. No evidence was gathered and it’s a first offense.

My brother and I got into a verbal argument at our parents home, the only physical contact was us being pushed away from each other. I was taken in for domestic violence in the 3rd. This is the first time I’ve ever been arrested, I’m 22, have a family and a career. I’m going to plead not... View More

Kristine Jones
Kristine Jones
answered on May 8, 2018

You should contact a criminal law attorney to make sure it's handled properly to not adversely impact your future. Best of luck!

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.

Me and my ex wife plead guilty to a misdemeanor domestic violence charge back in 2012. We were both pretty scared since neither had been in trouble with the law before and plead guilty during the hearing in the belief that it would make things easier on the court and therefore us. I was not aware... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 17, 2018

This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.

Your YO status is long gone.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex has been gone for 6 months but he comes and breaks into my home, breaks Windows and physical abuse? What can I do?

Officer said this is not domestic violence b/c he's been gone from my home for 6 months. Is this true?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 10, 2018

You didn't say. where you married to him? Did you divorce him? Answer those questions please

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I am in Birmingham, AL. how long do I have to file complaints for charges against domestic violence?
Bill Powers
PREMIUM
Bill Powers
answered on Apr 9, 2018

Thanks for the inquiry. Normally DV complaints are filed as soon as possible after an incident.

bill

1 Answer | Asked in Family Law and Domestic Violence for Alabama on
Q: My husband has locked me out of our house. We both have a PFA, I need to get in the house. In Alabama, how do I get in?

There is also a DHR case against him.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 18, 2018

You get in the house, by getting in front of a judge.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My husband was arrested for domestic violence against our 8 year old son, but was falsely accused by someone else.

Neither me nor our son was harmed in any way, We weren't victims of any sort. What should we do?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 26, 2018

Your husband should hire an attorney. He should go to Court. He should be aware of his 5th amendment right to not testify

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I have been charged with dv 3 by my children father but we both had injures but they said his injuries were worse.

We both have a pfa in order & we have 2 small daughters ages 2 & 1. How can I get full custody of my daughters?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 20, 2018

The State of Alabama has charged you with DV 3rd. not your husband. You need to get some legal advice right now. If you are convicted of DV3 a presumption will be raised that you are not a fit person to have custody of children. Who bloodied who worse is a police matter. You better concentrate on... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: I'm 19 with DV3 and possession of a altered firearm. I was suicidal that night and did physically hurt her?

I'm 19 and have dv3 and possession of a altered firearm. I've had past issues with depression and was discharged from the army for it. I've been seeking help since I got home. The night it happened she came home and flipped out that I had it and then started talking down upon me... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 20, 2018

You need to go to court represented by an attorney. THis is serious, both for your welfare and you risk of conviction. If you can't afford an attorney make sure you ask the personnel in the Court to give you a hardship affidavit so you can ask the Court to appoint an attorney for you. DO NOT... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: If I’m the plaintiff and I filed a restraining order, if I do not show up for the follow up court date will it be lifted
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Feb 18, 2018

No necessarily. I would bet that your question really is this: "I filed for a PFA, and now I have changed my mind and don't want one, because we have made up. If I just don't show up, with the PFA be dismissed?" That is not a smart move on your part. You should go to court and... View More

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