Have you or your children been the victim of abuse at the hands of your spouse? If you are currently in imminent danger, call law enforcement immediately. If you’ve been able to remove yourself from immediate danger, contact the attorneys of Boles Holmes White LLC to advise you how to protect yourself from further abuse. Not only can you file for divorce, you can seek criminal charges for the abuse you’ve suffered. Alabama law has specific criminal laws dealing with abuse in a marriage. These laws are called “Domestic Violence” laws, and provide minimum periods of incarceration, and enhanced criminal penalties for crimes against a spouse. While the District Attorney is responsible for prosecuting these criminal charges, our domestic attorneys can guide you through the criminal process. In addition to criminal charges, you can obtain a temporary restraining order called a “protection from abuse” order. This initial Order is temporary, and can be obtained without notice to your spouse (also known as an “ex parte” Order). However, a hearing on final protection from abuse order is held within 10 days, and your spouse will have the opportunity to present evidence in opposition to your request. If a protection from abuse order is entered, and your spouse violates it, they can be arrested on the spot. While this may not be guaranteed protection, it has been known to serve as a significant deterrent to further abusive acts.
Unfortunately, it is not uncommon for one spouse to attempt to gain the upper hand in a pending divorce by falsely claiming abuse. They feel that if the divorce court sees their spouse as an abuser and at fault in the marriage, they will receive a more favorable outcome – and they are probably right. That is why you must fight the false allegations, because if they are allowed to stand, you are at a disadvantage as you proceed through the divorce. Our divorce attorneys at Boles Holmes White LLC have experience dealing with false allegations of domestic violence. Our domestic lawyers also know how to defend against wrongful requests for protection from abuse orders. If you’ve been accused of domestic violence or are defending against a protection from abuse order, put our experience representing clients falsely accused of crimes, including domestic violence, stalking and aggravated stalking to work on your behalf. We have successfully defended many who were falsely accused. Just as you are at a disadvantage if these allegations are made against you, if the judge believes the allegations against you are false and frivolous, you can be able to gain an advantage when your divorce case goes to trial. Let us flip the tables for you. Contact our domestic relations attorneys today at 205-502-2000 to help you with your domestic violence issue in the state of Alabama.