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Alabama Domestic Violence Questions & Answers
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 best... Read 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.

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 13A-6-139.1 ,... Read 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... Read 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 to her... Read 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 visitation of... Read 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... Read 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... Read 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... Read 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 I was... Read 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.

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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... Read 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... Read 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
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

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