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Ex Parte Protection Order (For Cases Filed Before July 1 2010) Form. This is a Alabama form and can be use in C-Series (Civil) Statewide.
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Tags: Ex Parte Protection Order (For Cases Filed Before July 1 2010), C-4, Alabama Statewide, C-Series (Civil)
EX PARTE PROTECTION ORDER
State of Alabama Unified Judicial System Form C-4 (Page 1 of 3)
Rev. 12/10
(Protection from Abuse Act)
§30-5-1, et seq., Ala. Code 1975
For Cases Filed on or After July 1, 2010
Case No.
In the Circuit Court of ________________________ County, Alabama
Amended Order
PLAINTIFF
FIRST
PLAINTIFF
MIDDLE
LAST
Date of Birth (DOB) of Plaintiff
and/or any minor(s) on whose behalf the Petition for Protection
from Abuse filed [List Name(s) and DOB(s)]:
___________________________________________________
___________________________________________________
Other Protected Persons(s) [List Name(s) and DOB(s)]:
________________________________________
________________________________________
V.
DEFENDANT
DEFENDANT IDENTIFIERS
SEX
First
Middle
Relationship to Plaintiff:
Common Law Marriage
RACE
DOB
HT
WT
Last
Spouse
EYES
Ex-Spouse
HAIR
DISTINGUISHING FEATURES
Child in Common
Present or Former Household Member
Dating Relationship
DRIVER’S LICENSE #
STATE
Defendant’s Home Address & Telephone #:__________________
VEHICLE
TAG #
EXP. DATE
__________________________________________________
CAUTION: WEAPONS INVOLVED
Firearm
Knife
Hands,
Feet,
Fist
Other:_____________________________
Weapon Present on the Property
THE COURT HEREBY FINDS (Check all that apply):
Pursuant to the sworn Affidavit/Petition and/or testimony of the Plaintiff seeking protection from abuse, the Court finds that it has jurisdiction
over the parties and subject matter and that:
A temporary order is necessary to prevent abuse.
The Defendant represents a credible threat to the physical safety of the:
Plaintiff; and/or
child(ren); and/or
any designated person to wit:_________________________________________________________________________________.
THE COURT HEREBY ORDERS (Check all that apply):
That the above-named Defendant be enjoined from threatening to commit or committing acts of abuse as defined in the Protection from
Abuse Act.
That the above-named Defendant be restrained from any contact with the
Plaintiff and/or
child(ren); and/or
any designated
person, to wit: _________________________________________________________________.
Additional terms of this order follow on succeeding pages.
The terms of this order shall be effective until:
__________________________________, ________________________;
or
further Order of the Court.
NOTICE TO LAW ENFORCEMENT
This Order shall be enforced, even without registration, by courts and any law enforcement officer of any state, the District of Columbia,
any U.S. territory, and may be enforced by Tribal lands (18 U.S.C.A. Section 2265).
WARNINGS TO DEFENDANT:
This Order shall be enforced, even without registration, by the courts and any law enforcement officer of any State, the District of Columbia, and any
U. S. territory, and may be enforced by Tribal Lands (18 U.S.C.A. Section 2265). Crossing state, territorial or tribal boundaries to violate this Order
may result in penalties, including federal imprisonment (18 U.S.C.A. Section 2262). Federal law provides penalties for possessing, transporting, shipping,
or receiving any firearm or ammunition while subject to a qualified protection order or after being convicted of a misdemeanor crime of domestic violence
[18 U.S.C.A. Sections 922(g)(8) and 922(g)(9)]. This Order is also enforceable on U.S. Department of Defense installations (10 U.S.C.A. Section 1561a).
A willful violation of the ORDER is a Class A misdemeanor may be also punishable for contempt. Section 30-5A-3(c)(2), Ala. Code 1975. The
Defendant is notified that he or she has a right to request a final hearing prior to 10 days of perfection of service of the Petition for Protection from Abuse.
ONLY THE COURT CAN CHANGE THIS ORDER
Original-Court Record
Copy-Law Enforcement
Copy-Plaintiff
Copy-Defendant
Judge's Initials: _____
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EX PARTE PROTECTION ORDER
(Protection from Abuse Act)
§30-5-1, et seq., Ala. Code 1975
State of Alabama Unified Judicial System, Form C-4 Page 2 of 3
Rev. 12/10
Case No.
In the Circuit Court of _______________________________County, ALABAMA
Amended Order
THE COURT FURTHER ORDERS THAT (Check all that apply):
(1) The Defendant is enjoined from threatening to commit, or committing, acts of abuse, as defined in the Protection from Abuse
Act, against the: Plaintiff; and/or
child(ren); and/or
any designated person, to wit:_____________________________
_____________________.
(2) The Defendant is restrained and enjoined from harassing, stalking,
annoying, telephoning,
contacting, or
otherwise
communicating, directly or indirectly with the
Plaintiff and/or
child(ren); and/or
any designated family or household member,
to wit: __________________________________ or threatening, or engaging in conduct that would place in reasonable fear of
bodily injury, the:
Plaintiff; and/or
child(ren) of the Planitiff; and/or
any designated person to wit: _________________
__________________________________________________.
(3) The Defendant is ordered to stay away from:
The Plaintiff’s
residence;
place of employment;
school; and/or
The child(ren)’s:
residence;
place of employment; school and/or any designated person’s, to-wit:________________
_____________________ residence;
place of employment; school; and/or
any specified place, which the court
determines the Defendant has no legitimate reason to frequent, as designated below, frequented by:
the Plaintiff; and/or
child(ren);
and/or
any designated person. Name(s) and location(s) of the other specified place(s): ____________________________________.
(4) Temporary custody of the child(ren) of the parties is hereby awarded to:_____________________________________________.
(5) The Defendant is enjoined from interfering with the Plaintiff’s efforts to remove child(ren);
I direct ______________________
_______________ (appropriate law enforcement officer) to accompany the Plaintiff during the effort.
(6) The Defendant is enjoined from removing any child(ren) from the individual, to wit: _____________________________________,
having legal custody of the child(ren), except as subsequently authorized by a custody or visitation order issued by a court
of competent jurisdiction.
(7) The Defendant is removed and excluded from the residence of the Plaintiff, regardless of ownership of the residence.
(8) The possession and use of the automobile, _________________________________________, is awarded to ______________________
(Description, year, make)
____________________; and other essential personal effects,__________________________________________________________
(Please specify)
are awarded to _______________________________________________. ___________________________________________
(the appropriate law enforcement officer) is to accompany the Plaintiff to the residence of the parties or to _______________________
______________ as necessary to protect the Plaintiff or any child(ren) from abuse.
(9) The Defendant is prohibited from:
transferring;
concealing;
encumbering; or
otherwise disposing of specified
property mutually owned or leased by the parties, as follows:___________________________________________________________
_________________________________________.
Original-Court Record
Copy-Law Enforcement
Copy-Plaintiff
Copy-CDfendant
Judge's Initials: _____
American LegalNet, Inc.
www.FormsWorkFlow.com
EX PARTE PROTECTION ORDER
(Protection from Abuse Act)
§ 30-5-1, et seq., Ala. Code 1975
State of Alabama Unified Judicial System Form C-4 Page 3 0f 3
Rev. 12/10
Case No.
In The Circuit Court of _________________________________County, Alabama
AMENDED ORDER
(10) The Defendant is ordered to obey the following grant of relief deemed necessary to provide for the safety and welfare of
the:
Plaintiff; and/or
any child(ren); and/or
any designated person, as follows:
__________________________________________________________________________________________.
_______________________________________________________________________________________________.
Any law enforcement officer is hereby directed to accompany the Plaintiff to the: residence of the parties; and/or
another location, _________________________________________________, as necessary to enforce any of the terms
(description of location)
of this Order, to wit: ___________________________________________________________________________________________.
(11) Other (please specify)__________________________________________________________________________________________
__________________________________________________________________________________________________________.
This matter is set for a final hearing on _____________________ (date) at _______________________________________ to be held at
__________________________________________________________________________________________________________.
The Defendant is advised that he or she has the right to counsel at this hearing at his or her expense, but not counsel appointed by
the court.
____________________________________
Date
Original-Court Record
_________________________________________
Judge
Copy-Law Enforcement
Copy-Plaintiff
Copy-Defendant
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