Domestic Violence Law in Mobile, AL

Penalties for Domestic Violence in the First Degree

A First-degree domestic violence charge is considered a Class A felony. Those who are subject to this charge will face at least one year of imprisonment with no chance of obtaining probation, parole or any other reduction in time if you have a previous conviction of this charge.

Protection from Abuse Act

The Protection from Abuse Act provides protection to victims of domestic violence that have been physically abused, harassed or threatened. This protection exists in the form of either a temporary or final restraining order.

Orders of Protection

Many times, the victims of domestic violence will seek orders of protection against their abuser. These orders can be either temporary or permanent.

• Temporary Protection Orders serve the purpose of removing all contact to the victim by their abuser. The abuser will also not be permitted to contact the victim’s children under the age of 18 and anyone else who lives in the victim’s home. The abuser is not permitted to go to the victim’s home, place of work, school or any other location that the victim frequently attends.
• Final Protection Orders follow the same provisions of the temporary orders but they do not expire. In addition, the victim will need to attend a court hearing and provide proof that the abuse took place. The abuser is permitted to attend the hearing in their own defense. The judge will ultimately make the decision as to whether a Final Protection order is necessary. The abuser may be required to pay the victim’s court fees as well as child support to the children that the two parties share. The abuser may also be required to provide spousal support to the victim as well as provide them with a vehicle if they do not have their own means of transportation.

If an order of protection is violated, the defendant will face double the amount of imprisonment time that they were issued. Additionally, they may be punished with another year in jail as well as a fine up to $2,000. If an order of protection is violated a second time, the violator will face additional fines and at least another 48 hours in jail on top of their existing sentence.

Contact Darley Law, LLC

Darley Law, LLC pledges to work hard to protect your interests. Darley Law, LLC will do everything possible to secure a positive outcome while helping you through this trying time. Let Darley Law, LLC see you through this confusing, emotionally charged legal process so that you can put the past behind you and move forward toward a brighter future. Contact us today to schedule your consultation.