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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

Q: Can I call the police for intimidation and unauthorized vehicle entry during child exchange in Alabama?

I have two children, a 3-year-old boy and a 9-year-old girl, and we meet at a truck stop gas station to exchange the children for parenting time. The issue is that when it's time for the children to go back to their mother, she and the maternal grandparents surround my vehicle, open the door... View More

James L. Arrasmith
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answered on Jun 16, 2025

Yes, you can and should call the police if someone is entering your vehicle without your permission, especially during a court-ordered child exchange. Unauthorized entry into a vehicle, even by a family member, is not permitted under Alabama law and may constitute criminal trespass or even theft if... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Alabama on
Q: How to obtain certified case summary copies for Simple Assault domestic violence case?

I need certified copies of a case summary for a Simple Assault domestic violence case. I've contacted the arresting agency and the county clerk, and these documents are required for the Board of Nursing. How do I obtain certified copies?

James L. Arrasmith
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answered on Jun 12, 2025

You're doing the right thing by gathering what the Board of Nursing requires—this can feel overwhelming, but there is a clear path. To get certified copies of a case summary for your Simple Assault domestic violence case, you’ll need to go through the clerk’s office in the county where... View More

1 Answer | Asked in Juvenile Law, Domestic Violence, Identity Theft and Consumer Law for Alabama on
Q: 16-year-old facing abuse and seeking legal steps to protect and relocate

I am a 16-year-old minor living in Alabama, and I am currently afraid for my safety in my residence, which is owned by my parents. I have experienced extreme abuse, including sexual abuse by my sister and psychological abuse from my father, who once offered me a gun when I spoke about suicidal... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're going through is heartbreaking and no one—especially not a 16-year-old—should have to live in fear in their own home. You’ve shown incredible courage just by speaking out and trying to find a safe path forward. If you've already reported the abuse to child protective... View More

Q: Kicked out, belongings burned, threats received. Legal steps in Alabama?

I was suddenly kicked out of my living arrangement without prior notice, and the person responsible sent me photos of my belongings being burned, including my military paperwork and prescription medications. They also threatened me with violence if I returned. I have saved the threatening text... View More

James L. Arrasmith
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answered on May 29, 2025

You should call your local police or dial 911 right away to report the threats, harassment, and destruction of property. Ask for an official incident report covering the burned belongings and the photos and texts you’ve saved. You can then seek a temporary protective order through the county... 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

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