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How do I get a restraining order in Alabama?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Alabama's Protection From Abuse Act centralizes most civil protection.

1. Types of Protective Orders

  • Protection From Abuse Order (PFA) — Ala. Code §§ 30-5-1 to -11.
  • Protection Order for Elderly Persons — Ala. Code § 38-9F-1 et seq.
  • No-Contact Order — entered with criminal case under Ala. R. Crim. P. 7.3.
  • No standalone workplace violence statute — pursued via TRO under Ala. R. Civ. P. 65.
  • No statewide red-flag law.

    • 2. Eligibility

    PFA requires "victim of abuse" with a qualifying relationship (§ 30-5-2(a)(4)): current/former spouse, parent/child/in any way related by blood or marriage, current or former household members, person with a child in common, persons currently or formerly in a dating relationship. Stalking and sexual violence by stranger covered if conduct meets PFA's definition of abuse including stalking under § 13A-6-90.

    3. Filing

    File in Circuit Court (Domestic Relations Division) of county where petitioner or respondent resides, or where abuse occurred. No filing or service fee (§ 30-5-5(a)). Forms via Alabama Administrative Office of Courts.

    4. Emergency / Ex Parte

    Same-day review. Standard: "immediate and present danger of abuse" (§ 30-5-6). Ex parte order lasts until full hearing, set within 14 days.

    5. Full Hearing

    Preponderance standard (§ 30-5-7). Respondent personally served. Both parties present testimony, exhibits, witnesses; cross-examination allowed; counsel optional.

    6. Permanent Order Duration

    No statutory expiration (§ 30-5-7(d)(2)); order remains in effect until modified or terminated by the court.

    7. Enforcement

    Violation is Class A misdemeanor under § 30-5-9 (up to 1 year jail and $6,000 fine); Class C felony for second violation within 5 years. Officers shall arrest on probable cause (§ 15-10-3(a)(8)). Federal firearm prohibition under 18 U.S.C. § 922(g)(8); Alabama firearm carry restrictions apply.

    8. Modification / Termination

    Either party may motion under § 30-5-7(d); respondent must show changed circumstances; petitioner's safety is paramount.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has hired counsel for the 14-day hearing
    • Custody, support, or possession of the residence is being decided
    • Concealed pistol permit or law-enforcement firearm authority is at stake
    Related Statutes & Laws
    • Ala. Code §§ 30-5-1 to -11
    • Ala. Code § 30-5-9
    • Ala. Code § 15-10-3
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.