Can Alabama Restraining Orders Be Removed Early?

Can Alabama Restraining Orders Be Removed Early?

Removing an Alabama Restraining Order

Huntsville Criminal Defense Lawyers | Crumbley-Blackwell & Associates, P.C.

In Alabama, restraining orders, sometimes called orders of protection, are generally the result of criminal domestic violence convictions or accusations. Although, this is not actually necessary to place a restraining order against someone. As long as a person can produce “reasonable cause” for why they need a restraining order, the court can grant one. In many situations, the court will create a temporary order of protection when no evidence of harm or threat of harm exists, just to err on the side of caution.

The trouble of excessive restraining order penalties stems from the ease of getting them, and the fact that they cannot be removed once they are in place. A person could be mild-mannered, respectful, and have a spotless Alabama criminal record and still be powerless to get a restraining order lifted. The only way a restraining order is removed is if its duration expires.

A temporary restraining order will last around 14 days or as soon as a courtroom hearing is completed, whichever is sooner. At the court hearing, a judge decides if the temporary order of protection should be extended or not. Extensions can last a year, maximum, but at any time, the original petitioner can ask the court to extend it further.

Restrictions of a typical order of protection include:

  • Completely blocked communication with petitioner
  • Limited allowed travel
  • Removal of child custody rights
  • Forced relocation to new home
  • Temporarily giving vehicle to petitioner for mandatory trips

All of this and more can happen without so much of a page of evidence of domestic abuse. And it can happen indefinitely if nothing is done about it.

While a restraining order essentially cannot be removed early, it can be prevented from renewal, or from being allowed in the first place. Crumbley-Blackwell & Associates, P.C. and our Huntsville criminal defense attorneys bring 100+ years of collective legal and trial experience to work for your case, presenting you in an honest and fair light before the court. With our assistance and representation, we may be able to stop a restraining order from stripping away you freedom.

Contact our defense law firm today to schedule a FREE consultation with an experienced criminal attorney from our team. Call (256) 539-4464 or complete an online contact form to request a FREE consultation. Office locations in Huntsville and Athens, Alabama.

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