Overview

Yes—in Alabama, you can request protection from abuse (a PFA order) even if you have not filed a police report. Courts understand that victims may fear retaliation or mistrust law enforcement, so a police report is not legally required. Instead, a victim’s sworn statement, witness testimony, photos, messages, or medical evidence can support the request. If the court finds immediate danger, it can issue a temporary (ex parte) order the same day, followed by a hearing to decide whether a longer-term PFA is needed. While the absence of a police report might make your case harder to prove, it does not prevent you from filing or receiving protection under Alabama’s Protection From Abuse Act.

Who Benefits & Who Can Apply

A PFA is designed to protect victims of domestic violence, stalking, harassment, or threats from people with specific relationships to them. Those who typically benefit include spouses, former spouses, dating partners, household members, parents, children, and persons sharing a child in common. A parent, legal guardian, or next friend can also file on behalf of a minor or an incapacitated adult. The law does not require you to have an attorney, though having one or a domestic violence advocate may help. Eligible relationships are defined under Alabama Code §30-5-2.

Benefits of a PFA (Protection From Abuse)

• Orders the abuser not to contact or come near you.
• Can make the abuser leave your home, even if both names are on the lease.
• May grant temporary custody of children and set visitation limits.
• Allows the court to order support payments for necessities.
• Can require the abuser to surrender firearms.
• Violation of a PFA is a criminal offense.
• Protects you across Alabama and other states under federal law.

Step-by-Step Process to Get a PFA in Alabama

(Each step below has an icon for clarity.)

📝 Step 1: Confirm Eligibility & Gather Evidence

Make sure your situation qualifies under Alabama’s PFA statute. Collect evidence such as photos, texts, emails, medical records, or witness statements that show abuse or threats. Even without a police report, strong documentation helps persuade the court. Write a timeline of events and identify any witnesses who can support your case.

📄 Step 2: Go to the Circuit Clerk’s Office

File in the circuit court of the county where you live, where the abuser lives, or where the abuse occurred. Visit the clerk’s office and ask for the “Petition for Protection from Abuse.” Bring a photo ID and any evidence. Clerks or advocates can assist you in filling out the form but cannot give legal advice.

👤 Step 3: Complete the Petition Forms

Fill out the petition carefully, describing the abuse in detail—dates, locations, what happened, and how you were harmed or threatened. Specify what protections you need (for example, no contact, stay-away order, custody). Use a safe address if disclosing your home location could endanger you. Sign in front of the clerk, who may notarize it.

⏱ Step 4: Request an Ex Parte (Emergency) Order

You can ask for a temporary ex parte PFA if you believe you are in immediate danger. The judge reviews your petition and may grant an order without notifying the abuser. This emergency order can prohibit contact, require the abuser to leave the home, or include other protections until the full hearing, which is usually set within 10 days.

📚 Step 5: Serve the Abuser

The court will arrange for the sheriff to serve (deliver) the petition, temporary order, and notice of hearing to the abuser. You do not have to serve them yourself. Service is free in Alabama. Once served, the court files proof of service to confirm the respondent received notice.

🗣️ Step 6: Attend the Court Hearing

The judge holds a final hearing, typically within 10 days. Both sides can present evidence and witnesses. You must prove that abuse occurred or that you face ongoing danger. Bring any records, texts, photos, or witnesses to support your claims. If the judge believes you, a final PFA order will be issued. If the abuser fails to appear, the judge may still grant protection.

📋 Step 7: Receive and Review the Final PFA Order

Once the final PFA is granted, get several certified copies from the clerk. The order will also be entered into the state system so law enforcement can access it. Review the order for accuracy—check dates, contact restrictions, and custody terms. Keep a copy with you at all times.

🛡️ Step 8: Enforce the Order

Law enforcement must enforce PFAs. If the abuser violates any term—contacting you, visiting your home, or threatening you—call the police and show the order. Violations are criminal offenses and may lead to arrest. Keep a log of every violation, with dates and details, in case the court needs evidence of repeated breaches.

⏰️ Step 9: Duration and Renewal

A final PFA in Alabama usually lasts one year unless the judge specifies otherwise. Before it expires, you can file a motion to renew or extend it if danger continues. Courts may renew it for another year or longer if circumstances justify it. Always apply before expiration to prevent a protection gap.

⚙️ Step 10: Modification, Termination, or Appeal

Either party may request to change or end the order if circumstances change. The court may modify terms such as contact, distance, or custody. If the order was denied or limited, you may appeal to a higher court under Alabama Rules of Appellate Procedure. Always keep track of court deadlines and notify the clerk if you move or change contact information.

Costs Associated

Filing and serving a PFA petition in Alabama is free of charge. You do not pay court fees or sheriff’s service costs. However, personal costs such as transportation, document preparation, or hiring an attorney may apply. In some cases, the judge can order the abuser to reimburse your expenses.

Time Required

An ex parte order may be issued the same day you file. The full court hearing typically happens within 10 days. The total process—from filing to final PFA—may take 1 to 3 weeks depending on the court’s schedule and how quickly the respondent is served.

Limitations of a PFA

• A PFA is a civil order—it cannot physically stop an abuser without enforcement.
• If the victim fails to appear in court, the petition may be dismissed.
• Courts may deny a PFA if evidence of abuse is weak or outdated.
• The order does not automatically handle divorce, property, or custody beyond what is listed.
• If you move out of state, you must register the order for enforcement elsewhere.

Risks and Unexpected Problems

• The abuser might try to avoid being served, delaying the hearing.
• Some abusers may retaliate despite the order, so safety planning is critical.
• Miscommunication between court and law enforcement can cause enforcement delays.
• Court schedules or errors might postpone your case.
• Emotional stress and facing the abuser in court can be difficult.
• Without strong documentation, judges may issue only temporary relief.

Disclaimer: This is general legal information about Alabama’s Protection From Abuse (PFA) process and not legal advice. Procedures may vary by county. For personalized help, contact Legal Services Alabama or a local domestic violence advocacy group.