What Happens If You Violate a Protection from Abuse Order in Alabama?

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.

Call an Experienced Family Law Attorney in Hoover, Alabama

If you’ve been accused of violating a Protection from Abuse order in Alabama, or if you need help navigating a PFA case, you need a knowledgeable attorney to protect your rights and interests. Attorney Michael Capleone has over 22 years of experience in Alabama family law and is dedicated to providing strong legal representation in high-stakes situations like this.

Call today for a consultation. Whether you need help defending yourself or ensuring compliance with the order, I am here to guide you through the process.

Related Blog Posts:

Falsely Accused? How to Defend Yourself Against a Petition for Protection from Abuse in Alabama

Understanding Petition for Protection from Abuse Cases in Alabama

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Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. For legal guidance tailored to your situation, please consult an experienced family law attorney licensed in your state.