Ex Parte Protection Orders
by: Legal Services Alabama
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- What is an ex parte protection order?
- What does it do?
- What does it NOT do?
- What do you do if your husband violates it?
Using legal words, an ex parte protection order tells your husband not to bother you. He shouldn't hit you, push you, shove you, harass you or intimidate you. It does not make him leave the house. It does not order him to stay so many feet from you. It does not give you custody of your children. You can get all of these things at the Protection from Abuse hearing -- but, these things are not included with the ex parte protection order.
What if he violates the ex parte protection order? Will the police arrest him?
- Yes, they should. It is a crime for your husband to violate the protection order.
- If he hits you, this is an assault.
- It is a crime for him to run you off the road.
- If he threatens you, this is a crime.
- Call the police.
- Always have a copy of the protection order with you to show the police.
- If he is there when the police get there, they should arrest him right away. They should arrest him for violating the protection order, or for assaulting you, reckless endangerment, harassment or for any other separate crime in itself.
- If he is not there or if they do not arrest him, you should make sure that the police fill out a report. Tell them that you will let your lawyer know about it to take him to court on contempt of court. Tell them that you also want to press charges for the incident and find out how you swear out a warrant. You can and should do both at the same time.
What if the sheriff cannot find him to serve him with the ex parte protection order?
- It is very important that the sheriff serve your husband with the court papers and the ex parte protection order.
- The protection order is effective the minute the judge signs it. But your husband cannot be held in contempt of court until he is served with it.
- So, be sure to let your lawyer or shelter worker know if you have any new information about your husband's whereabouts.
Will the ex parte protection order protect you from abuse by your husband?
- It is important to remember that the ex parte protection order is just a piece of paper.
- Keep taking measures to make sure that you and your children are safe.
- We hope the ex parte protection order will help. Many abusive men will obey it. But some will not. So, be careful. And follow your safety plan.
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