IN THE [_] COURT OF [_] COUNTY, ALABAMA

Family Court Division

Case No.: DR-[YYYY]-[#####]

DOMESTIC VIOLENCE PROTECTION ORDER

(Alabama Protection from Abuse Act, Ala. Code § 30-5-1 et seq.)

[// GUIDANCE: This template is drafted to comply with the Alabama Protection from Abuse Act (“PFA Act”) and standard Family Court practice. All bracketed fields MUST be completed and the substantive relief carefully tailored to the facts of each case before filing.]

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Operative Provisions
4. IV. Representations & Warranties (Judicial Findings)
5. V. Covenants & Restrictions
6. VI. Default & Remedies
7. VII. Risk Allocation
8. VIII. Dispute Resolution & Continuing Jurisdiction
9. IX. General Provisions
10. X. Execution Block

I. DOCUMENT HEADER

1. Parties
   1.1 Petitioner: [FULL LEGAL NAME], [DOB], residing at [ADDRESS].
   1.2 Respondent: [FULL LEGAL NAME], [DOB], residing at [ADDRESS].

2. Effective Date
   2.1 This Protection Order (the “Order”) is effective immediately upon entry by the Court on [DATE] and shall remain in full force and effect until [EXPIRATION DATE OR “FURTHER ORDER OF THE COURT”], unless modified or dissolved pursuant to Section IX.

3. Jurisdiction & Venue
   3.1 The Court exercises subject-matter jurisdiction under Ala. Code § 30-5-2 and personal jurisdiction over Respondent pursuant to Ala. Code § 30-5-3.
   3.2 Venue is proper in [__] County under Ala. Code § 30-5-3(b)(1).

4. Recitals
   WHEREAS, Petitioner has filed a verified Petition alleging acts of abuse as defined in Ala. Code § 30-5-2; and
   WHEREAS, the Court has conducted the requisite hearing or has determined that emergency ex parte relief is warranted;
   NOW, THEREFORE, the Court enters the following Order:

II. DEFINITIONS

For purposes of this Order, the following capitalized terms shall have the meanings set forth below:

“Abuse” means any act enumerated in Ala. Code § 30-5-2(a).
“Contact” means any direct or indirect communication, including but not limited to in-person interaction, phone calls, text messages, e-mails, social media interaction, or third-party messages.
“Designated Premises” means the locations listed in Section III.2 from which Respondent must stay away.
“Firearm” has the meaning provided in 18 U.S.C. § 921(a)(3).
“Minor Child(ren)” means the child or children identified in Section III.4.
“Protected Party(ies)” means Petitioner and any other individual(s) specifically identified in this Order as entitled to protection.

III. OPERATIVE PROVISIONS

1. No Contact
   1.1 Respondent shall have NO CONTACT with any Protected Party, except as expressly permitted in Section III.6 (Limited Exception for Co-Parenting Communications), if applicable.

2. Stay-Away Obligation
   2.1 Respondent shall remain at least [500] feet from the following Designated Premises:
   a. Petitioner’s residence at [ADDRESS];
   b. Petitioner’s workplace at [ADDRESS];
   c. [Minor Child(ren)’s] school/daycare at [ADDRESS];
   d. Any other location where Petitioner or the Minor Child(ren) are temporarily or permanently present.

3. Vacate & Exclusive Possession
   3.1 Respondent shall immediately vacate the shared residence at [ADDRESS] and surrender all keys, garage openers, and security codes to local law-enforcement or Petitioner’s counsel within [24] hours of service of this Order.

4. Temporary Custody & Visitation
   4.1 The Court awards temporary sole legal and physical custody of the Minor Child(ren):
   • [NAME], DOB []
   • [NAME], DOB []
   to Petitioner pending further order.
   4.2 Visitation: [SUPERVISED/UNSUPERVISED/NO VISITATION]. All visitation exchanges shall occur at [NEUTRAL LOCATION] under supervision of [THIRD-PARTY/AGENCY].

5. Child & Spousal Support
   5.1 Respondent shall pay temporary child support in the amount of $[____] per month, commencing on [DATE] and continuing on the [] day of each month thereafter, consistent with Rule 32, Ala. R. Jud. Admin.
   5.2 [Optional] Respondent shall pay temporary spousal support in the amount of $[_] per month.

6. Limited Exception for Co-Parenting Communications
   6.1 If Section III.4 provides for visitation, necessary logistical communication shall occur only via the court-approved parenting application “[NAME OF APP]” or through counsel. Any other contact is prohibited.

7. Firearm Surrender
   7.1 Pursuant to Ala. Code § 30-5-7.4 (2015 amendment) and 18 U.S.C. § 922(g)(8), Respondent shall surrender all Firearms and ammunition in Respondent’s possession to the [COUNTY] Sheriff’s Office within [48] hours of service of this Order and provide proof of compliance to the Court within [72] hours.
   [// GUIDANCE: If local practice does not require firearm surrender, delete or modify Section III.7 accordingly.]

8. Law-Enforcement Assistance
   8.1 Law-enforcement officers of [COUNTY] County are directed to assist Petitioner in executing this Order, including accompanying Petitioner to recover personal belongings and ensuring peaceful transfer of custody.

IV. REPRESENTATIONS & WARRANTIES (JUDICIAL FINDINGS)

1. The Court finds by a preponderance of the evidence that Respondent committed one or more acts of Abuse against Petitioner within the meaning of Ala. Code § 30-5-2.
2. The Court further finds that immediate and irreparable harm would result to Petitioner absent the injunctive relief herein.
3. Service of Process: The Court is satisfied that Respondent was/shall be served pursuant to Ala. R. Civ. P. 4 and Ala. Code § 30-5-5.
4. Materiality & Survival: These findings shall survive any modification or appeal unless specifically set aside by a higher tribunal.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants
   1.1 Respondent shall complete a certified domestic-violence intervention program within [___] days of this Order and file proof of enrollment/completion.
   1.2 Respondent shall appear at all scheduled review hearings.

2. Negative Covenants
   2.1 Respondent shall not harass, threaten, stalk, intimidate, or otherwise interfere with any Protected Party, directly or indirectly.
   2.2 Respondent shall not destroy, encumber, or conceal any jointly owned personal property.

3. Notice & Cure
   3.1 NO CURE PERIOD applies to violations of Sections III or V; any violation is subject to immediate enforcement under Section VI.

VI. DEFAULT & REMEDIES

1. Events of Default
   Any of the following constitutes a default:
   a. Violation of the No-Contact or Stay-Away provisions;
   b. Failure to vacate the residence as ordered;
   c. Failure to surrender Firearms;
   d. Failure to comply with custody, visitation, or support obligations.

2. Enforcement Mechanisms
   2.1 Upon probable cause to believe Respondent has violated this Order, law-enforcement shall arrest Respondent without a warrant. Ala. Code § 30-5-9.
   2.2 Respondent may be prosecuted for the crime of Domestic Violence 3rd Degree (Class A misdemeanor) or such higher offense as applicable. Ala. Code § 13A-6-132.
   2.3 Civil contempt sanctions include incarceration up to [5] days per violation, monetary fines up to $[____], and attorney’s fees.

3. Attorney’s Fees & Costs
   3.1 Pursuant to Ala. Code § 30-5-8(j), the prevailing party in any enforcement action shall be entitled to recover reasonable attorney’s fees and court costs.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are not applicable to a court order. This section is included solely to satisfy the requested document architecture.]

VIII. DISPUTE RESOLUTION & CONTINUING JURISDICTION

1. Governing Law
   1.1 This Order is governed exclusively by the laws of the State of Alabama, including the PFA Act.

2. Forum Selection & Jury Waiver
   2.1 The Family Court of [__] County retains exclusive, non-jury jurisdiction over all matters arising under or relating to this Order.

3. Arbitration
   3.1 Arbitration is not available for disputes concerning domestic-violence protective orders.

4. Injunctive Relief
   4.1 The injunctive relief granted herein is the primary remedy; any additional equitable relief shall be available as necessary to protect the safety of Protected Parties.

IX. GENERAL PROVISIONS

1. Modification & Dissolution
   1.1 Either party may move to modify or dissolve this Order pursuant to Ala. Code § 30-5-10, upon [14] days’ written notice to the other party.

2. Severability
   2.1 If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.

3. Integration
   3.1 This Order constitutes the entire relief granted and supersedes all prior temporary restraining orders or oral directives in this matter.

4. Service & Proof of Service
   4.1 The Clerk shall issue certified copies of this Order forthwith.
   4.2 Law-enforcement shall promptly enter this Order into the Alabama Law Enforcement Tactical System (ALETS) and the National Crime Information Center (NCIC) database.

5. Electronic Signatures & Counterparts
   5.1 This Order may be executed in counterparts and by electronic signature as permitted under Ala. Code § 8-1A-1 et seq. (Alabama Uniform Electronic Transactions Act).

X. EXECUTION BLOCK

SO ORDERED this _ day of _, 20__.

[NAME OF JUDGE], Circuit/District Court Judge
[__] County, Alabama

Acknowledgement of Parties

Petitioner (signature) ___ Date: _____

Respondent (signature) ____ Date: ___
[// GUIDANCE: Respondent’s signature is not required for efficacy but may be obtained to acknowledge receipt.]

NOTARY / VERIFICATION (if required for filings accompanying this Order)

State of Alabama )
County of __ )

On this _ day of _, 20__, before me, the undersigned notary, personally appeared ____, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged that he/she executed the same.

Notary Public
My commission expires: ______