What Happens If You Violate a Protection from Abuse Order in Alabama?
- Michael Capleone, Sr.
- Apr 6
- 6 min read
Updated: May 21
In Alabama, a Protection from Abuse (PFA) order is a legal tool designed to protect individuals from domestic violence, harassment, or stalking. If you've been served with a PFA or are the subject of one, it's essential to understand that violating the terms of a PFA can lead to serious legal consequences. Whether the violation is intentional or accidental, the repercussions can range from criminal charges to civil penalties.
Here’s what you need to know about violating a Protection from Abuse order in Alabama.
What is a Protection from Abuse Order?
A Protection from Abuse order (PFA) is a court-issued document intended to prevent one person from engaging in abusive behavior against another. It can include orders to:
Stay away from the petitioner (the person seeking the order)
Cease contact (no texting, calling, or social media interaction)
Vacate the home if shared
Temporary custody of children (if applicable)
Surrender firearms
A PFA can be temporary (ex parte) or final, and violating it is considered a serious offense in Alabama.
Penalties for Violating a PFA in Alabama
The consequences of violating a PFA can include criminal charges, civil penalties, and potentially restraining orders in the future. Here are the main penalties:
1. Criminal Charges:
If you violate a PFA in Alabama, the most serious consequence is criminal prosecution. This can lead to:
Class A misdemeanor for violating the terms of a PFA
Penalty: Up to 1 year in jail and a fine of up to $6,000.
Class C felony (if the violation involves physical violence or other criminal acts such as stalking or harassment)
Penalty: Up to 10 years in prison and fines.
Note: Even a single violation—such as a phone call or approaching the petitioner—can result in criminal charges, so it's important to adhere strictly to the terms of the order.
2. Contempt of Court:
A violation may also lead to contempt of court charges. If you disregard the PFA or fail to comply with its terms (like ignoring custody orders or visitation restrictions), the court could find you in contempt, leading to:
Fines
Jail time
Modification of custody arrangements
Other civil penalties as deemed appropriate by the judge
3. Increased Difficulty in Future Cases:
Violating a PFA could negatively impact your ability to present your case in future legal matters. For instance, during divorce or custody hearings, your violation of a PFA might make it difficult to argue for joint custody or visitation rights, as it shows the court that you have not respected legal orders.
Defenses to Violating a PFA
If you’ve been accused of violating a Protection from Abuse order, there are some defenses that can be used to challenge the allegations:
Mistaken identity or misunderstanding: You might have unintentionally contacted or been near the person without intending to violate the order.
False allegations: In some cases, the petitioner may have fabricated the violation or misinterpreted your actions.
Emergency or necessity: If you violated the order due to an emergency situation (e.g., protecting your children), you may have a defense, but this will require strong evidence.
It’s essential to consult with a family law attorney to help build your defense, particularly if the violation was unintentional or based on misunderstandings.
How to Avoid Violating a Protection from Abuse Order
To avoid the legal trouble that comes with violating a PFA, follow these tips:
Strictly follow the terms of the order. Even the smallest contact (including accidental contact via text or email) can lead to significant consequences.
Keep your distance from the petitioner. If the PFA specifies that you must stay away from their home or workplace, adhere to this rule at all costs.
Don’t contact the petitioner indirectly through friends, family, or social media. Communication must go through the proper legal channels.
Document everything. If you think the other party is violating the terms of the PFA, document your interactions and any evidence of harassment or threats.
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About Michael Capleone, Attorney at Law
Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.
Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond.
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This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.
