Alabama Restraining Order Laws (2026): How to Get a Protection from Abuse Order
Alabama Restraining Order Laws (2026): How to Get a Protection from Abuse Order
In Alabama, a Protection from Abuse Order (PFA Order) is available to victims of domestic violence and abuse within qualifying relationships. A final PFA Order lasts one year by default and can be made permanent. Filing is free under federal law.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Alabama
Alabama's primary civil protective order for victims of domestic violence is the Protection from Abuse Order, governed by the Protection from Abuse Act at Ala. Code sections 30-5-1 through 30-5-11. A PFA Order can prohibit the respondent from contacting you, coming near your home or workplace, and committing any further acts of abuse or harassment. It can also grant temporary custody of children and use of a shared residence.
Alabama does not have a standalone civil harassment order for victims who do not have a domestic or household relationship with the person harassing or threatening them. If you are being stalked or harassed by someone who is not a family member, household member, or dating partner, your remedies in Alabama are primarily through criminal harassment or stalking statutes (Ala. Code sections 13A-11-8 and 13A-6-90), which can result in a criminal no-contact condition but not a separate civil protective order track.
Alabama does recognize an Elder Abuse Protection Order for older adults who are victims of exploitation or abuse, which covers situations beyond the standard domestic relationship. If the situation involves elder abuse, ask the court clerk about that separate remedy.
Who can get a restraining order in Alabama?
To qualify for a Protection from Abuse Order in Alabama, you must have a qualifying relationship with the person you are seeking the order against. Alabama's statute covers a broad range of relationships:
- Current or former spouses
- Parents, stepparents, or children
- Any person with whom the petitioner has a child in common
- Any person who regularly resides or has resided in the household
- Any victim of domestic abuse by a household member
- Dating partners
If you do not fall within one of these categories, the PFA Order track is not available, and you would need to pursue criminal remedies for harassment or stalking. This is important to understand before filing. If you are unsure whether your situation qualifies, a court self-help center or domestic-violence advocate can help you assess your options.
Minors may be named as protected persons in a parent's PFA Order. Alabama courts also address situations where abuse is directed at children in the household.
How to file for a restraining order in Alabama
You file a petition for a Protection from Abuse Order in Circuit Court (family division). You may file in any county where you currently reside, where the respondent resides, or where the abuse occurred. This gives you flexibility in choosing a venue that feels safer or more convenient for you.
The petition asks you to describe the abuse or threat of abuse and your relationship with the respondent. You do not need a police report to file; you describe the situation in your own words. Court self-help centers at Alabama Circuit Courts can assist you in completing the forms. Many local domestic-violence organizations also offer free help with the paperwork and can accompany you to court.
Under the federal Violence Against Women Act, there is no filing fee or service fee for a domestic-violence protective order in Alabama. You will not pay anything to get the order.
After you file, a judge can issue an ex parte temporary order the same day if there is sufficient reason to believe you are in danger. The respondent is then served with the order, and a full hearing must be held within 10 days of service. At the final hearing, both sides can present evidence and testimony before the judge decides whether to issue a final PFA Order.
Temporary vs. final orders: how long they last
Alabama uses two stages for protective orders:
| Order Type | When Issued | How Long It Lasts |
|---|---|---|
| Temporary (ex parte) PFA Order | Same day as filing, without respondent present | Until the full hearing (hearing within 10 days of service) |
| Final PFA Order | After hearing with notice to respondent | One year by default; shorter or longer period possible; can be permanent |
The temporary order is issued based only on your petition, because waiting for the respondent to receive notice could place you at greater risk. It gives you immediate protection while the court schedules the full hearing.
At the full hearing, the judge considers evidence from both parties and decides whether to issue a final PFA Order. The default duration is one year, but Alabama courts have the authority to set any period they consider appropriate, including a permanent order in serious cases. If your situation changes or the threat continues, you can ask the court to extend or modify the order before it expires.
Firearms and an Alabama protective order
Alabama law takes the firearm consequence of a PFA Order seriously. Once a qualifying final PFA Order is issued after notice and a hearing, the federal firearm ban at 18 U.S.C. 922(g)(8) applies. This means the respondent is prohibited from possessing any firearms or ammunition for the duration of the order.
Alabama also has its own separate firearm prohibition for persons under a protective order at Ala. Code section 13A-11-72. Alabama requires respondents to surrender firearms when a PFA Order is issued. If the respondent has firearms and does not surrender them, that is a separate criminal matter.
If you are concerned that the respondent has access to weapons, tell the judge at the time of filing or at the hearing. The court can include specific firearm-surrender language in the order. Keeping documentation of any known firearms the respondent possesses can be helpful information to share with your advocate or attorney.
What happens if someone violates the order?
Violating a PFA Order in Alabama is a criminal offense. The first violation is charged as a Class A misdemeanor under Ala. Code section 13A-6-142, which carries a penalty of up to one year in jail and a fine of up to $6,000. Alabama law authorizes police to make a warrantless arrest when they have probable cause to believe a PFA Order has been violated.
Repeat violations carry escalating consequences under the same statute. A second conviction carries a mandatory minimum sentence of 30 days in jail that the court cannot suspend or reduce below that threshold. A third or subsequent conviction is elevated to a Class C felony, which carries a potential sentence of one to ten years in state prison under Alabama's felony sentencing guidelines.
If the respondent contacts you, comes to your home or workplace, or commits any act the order prohibits, you should call 911 immediately. Give the responding officer a copy of your order. You can also report violations to the court that issued the order, and the court can hold the respondent in contempt in addition to criminal charges.
Keep a copy of your order with you at all times. You may also give copies to your employer, your children's school, and any other locations the order covers. Each reported violation builds a record that supports the mandatory minimums and felony escalation should the respondent continue to violate the order.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Alabama Laws
- Alabama AI Meeting Recording Laws
- Alabama Alimony Laws
- Alabama At-Will Employment Laws
- Alabama Car Accident Laws
- Alabama Car Seat Laws
- Alabama Child Custody Laws
- Alabama Child Support Laws
- Alabama Common Law Marriage Laws
- Alabama Data Privacy Laws
- Alabama Divorce Laws
- Alabama Dog Bite Laws
- Alabama Emancipation Laws
- Alabama Expungement Laws
- Alabama Hit and Run Laws
- Alabama Landlord-Tenant Laws
- Alabama Lemon Laws
Sources
- Alabama Protection from Abuse Act: Ala. Code sections 30-5-1 through 30-5-11 (Alabama Legislature)
- Alabama Courts Protection from Abuse forms: https://www.alacourt.gov/
- Alabama firearm prohibition for persons under protective orders: Ala. Code section 13A-11-72
- Violation of a PFA Order: Ala. Code section 13A-6-142
Related pages
For more background on protective orders across the country, visit the main Restraining Order Laws by State hub. Alabama's recording laws may also be relevant if you are documenting incidents of harassment or abuse; see the Alabama recording law page for details on what you are permitted to record in the state.
