Homepage Blank Alabama C 2 Form
Outline

The Alabama C 2 form serves as a crucial legal document for individuals seeking protection from abuse within the state. This petition is filed in the Circuit Court and is designed to address various forms of domestic violence, allowing plaintiffs to request protective measures against their abusers. The form requires detailed information about both the plaintiff and the defendant, including their names, addresses, and relevant dates of birth. Importantly, the form emphasizes the necessity of providing complete and truthful information; failure to do so may result in serious legal consequences. Eligible plaintiffs can include adults seeking protection for themselves, as well as parents or guardians filing on behalf of minors or incapacitated individuals. The form outlines specific criteria that define the relationship between the plaintiff and the defendant, such as marital status or shared parenting responsibilities. Additionally, it includes sections for detailing past incidents of abuse, any existing legal orders, and the names of any children involved. By completing this form, individuals can seek various forms of relief, including temporary custody of children, eviction of the defendant from a shared residence, and other protective orders deemed necessary for their safety and well-being.

Sample - Alabama C 2 Form

State of Alabama Case Number
Unified Judicial System
Form C-2 (Page 1 of 5)
PETITION FOR PROTECTION FROM ABUSE
Rev. 12/10
IN THE CIRCUIT COURT OF_______________________________COUNTY, ALABAMA
(Name of County)
___________________________________________________V. ______________________________________________________________
Plaintiff (person to be protected) Defendant (person to be restrained)
____________________________________________________ ______________________________________________________
Plaintiff's Date of Birth Defendant's Address (Business or Home)
Ala. Code 1975, Section 30-5-5(e)(1) provides “ [t] he ______________________________________________________
following information shall not be contained on any court City State Zip Code
document made available to the public and the defendant by
the circuit clerk’s office: The plaintiff’s home address and, if ______________________________________________________
applicable, business address; a plaintiff’s home telephone Defendant's Date of Birth
number and, if applicable, business telephone number; the
home or business
address or telephone number of any member
of the plaintiff’s family or household; or an address that would
_____________________________________________________
reveal the confidential location of a shelter for victims of Defendant's Social Security Number
domestic violence as defined in Section 30-6-1.”
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE COURT MAY DISMISS THIS CASE,
AND YOU MAY BE SUBJECT TO BEING CHARGED WITH PERJURY FOR KNOWINGLY PROVIDING FALSE INFORMATION.
I. ELIGIBLE PLAINTIFFS: CHECK ALL THAT APPLY
(Note: The word, “Plaintiff,” is used throughout to describe you and/or the person(s) for whom you are applying):
I am 18 years of age or older seeking protection f
rom domestic violence for myself;
I am a parent; a legal guardian; a legal custodian; or the State Department of Human Resources seeking this petition for protection
from domestic violence on behalf of the Plaintiff who is: a minor, or any person prevented by physical or mental incapacity from
seeking a protection order.
I am under 18 years of age and am married; or emancipated, and seeking protection from domestic violence for myself.
.
CHECK AND FI
LL OUT ONLY ONE
SECTION (
1,2,3,4 OR 5):
1. The Defendant is the Plaintiff’s spouse; or former spouse; common-law marriage
Date of Marriage: ________________________________: Date of Divorce (if applicable):
_____________________________.
2. The Defendant is related to the Plaintiff by marriage.
3. The Defendant and the Plaintiff have a dating relationship* (A relationship means a recent frequent, intimate association, primarily
characterized by the expectation of affectionate or sexual involvement within the last six months. A dating relationship does not
include a casual or business relationship).
4. The Defendant is a current or former household member* (A household member is a person maintaining or having maintained a living
arrangement with the Defendant where he/she is in or was engaged in, a romantic or sexual relationship).
5. The Defendant and the Plaintiff are unmarried parents of a child.
*If you select 3 or 4 you must briefly explain the relationship:
_____________________________________
_________________
I state that the following is true and correct:
The Plaintiff is a resident of ____________________
__________in_______________________. The Plaintiff’s age is: __________ years old.
(Name of County) (Name of State)
Is the Plaintiff involved in any other civil, domestic relations, child support, or juvenile case (for example, divorce, paternity or custody) with
the Defendant? YES NO
If YES, please state the County and State in which the case was brought: _______________________________ County,
____________________________(State).
Are there any criminal charges against the Defendant because of abuse to the Plaintiff? YES NO
If YES, the charges were brought in __________________________________County,
_________________________(State).
(Note: If there are more civil or other cases with the Defendant or more criminal charges against the Defendant, please attach
additional 8” x11” sheets of paper, if necessary, stating the case number(s), County(ies), and States(s) in which these cases are
being handled).
Original-Court Record Copy-Law Enforcement Copy-Plaintiff Copy-Defendant
(Check the box if the following statement applies to the Plaintiff):
The Plaintiff left his or her home because of abuse or threat of abuse, and the Plaintiff is currently residing in __________________________County,
Alabama
The Defendant lives in ___________________________County, ______________________________________(State).
The Defendant is ____________years old.
I am requesting (check one of the following boxes): a protection order; OR a change in a current protection order; OR
an emergency order; OR a change in an emergency order.
II. To Get a Protection Order, the Defendant Must Have Done One or More of the Following:
(Check all that apply):
Case Number
PETITION FOR PROTECTION FROM ABUSE
State of Alabama
Form C-2 (2 of 5)
Rev. 12/10
III. Explain the Abuse That Has Happened (Begin With the Most Recent Act. You May Add Additional 8” x 11” Sheets
of Paper, If Necessary):
Date and place where the abuse occurred:
____________________________________________________________________________________________________________________________.
Describe how the Defendant hurt or threatened the Plaintiff:
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
I fear the Defendant will cause further abuse because:
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
IV. Legal Information Required (Check all that apply):
There is a current restraining or protection order against the Defendant:
YES; I don’t know; NO. If YES, the County and State where it was issued:______________________County, ______________ (State).
The Defendant has a current restraining or protection order against the Plaintiff:
YES; No. If YES, the County and State where it was issued:_____________________________ County,___________________ (State).
(Note: If there are more current restraining or protection orders against the Defendant or against the Plaintiff, please attach
additional 8” x 11” sheets of paper, if necessary, stating the case number(s), County(ies), and State(s) in which
these Orders were issued).
Original-Court Record Copy-Law Enforcement Copy-Plaintiff Copy-Defendant
Made the Plaintiff afraid that the Plaintiff would be seriously injured
Made the Plaintiff have sex by force or threat of force
Kidnapped the Plaintiff or his or her child(ren)
Trespassed on the Plaintiff’s property
Abused the Plaintiff’s child(ren)
Stole from the Plaintiff
Injured the Plaintiff
Tried to hurt the Plaintiff
Threatened to injure/hurt the Plaintiff
Stalked the Plaintiff
Set fire to the Plaintiff’s house
Restrained the Plaintiff
V. Child(ren)
The name(s) and age(s) of any child(ren) of the Defendant and the Plaintiff, who are under 19 years old AND have been living in the Plaintiff’s household.
Name:_______________________________________________________________________ Age:___________________________.
Name:_______________________________________________________________________ Age:___________________________.
Name:_______________________________________________________________________ Age:___________________________.
Name:_______________________________________________________________________ Age:___________________________.
B. Is there a custody order concerning any of the above children?
YES NO
C. For the last six months, the child(ren) (has) have lived (in what State with whom):
Child:____________________________ Lived with:_____________________________________ State:______________________.
Child:____________________________ Lived with:_____________________________________ State:______________________.
Child:____________________________ Lived with:_____________________________________ State:______________________.
VI. Residence
THE DEFENDANT MAY BE REQUIRED TO MOVE FROM THE PLAINTIFF’S RESIDENCE IF THE RESIDENCE IS IN THE
SOLE NAME OF THE PLAINTIFF, IF IT IS JOINTLY OWNED OR RENTED BY THE PLAINTIFF AND THE DEFENDANT,
OR IF THE PARTIES ARE MARRIED TO EACH OTHER.
The place where the Plaintiff lives is: Owned by:
the Plaintiff; the Defendant; or both the Plaintiff and the Defendant.
Rented by: the Plaintiff; the Defendant; or both the Plaintiff and the Defendant.
The Plaintiff must notify the Court of any change(s) in address.
VII. Ex Parte Relief Requested (Please Check the Boxes To Show What is Requested):
I am asking the Court for the following for myself and/or the person(s) for whom I am applying
(1) Enjoin the Defendant from threatening to commit, or committing acts of abuse, as defined in the Protection from Abuse Act, against the:
Plaintiff; and/or child(ren) of the Plaintiff; and/or any designated person to wit:______________________________.
(2) Restrain and enjoin the Defendant from:
Original-Court Record Copy-Law Enforcement Copy-Plaintiff Copy-Defendant
Case Number
PETITION FOR PROTECTION FROM ABUSE
State of Alabama
Form C-2 (3 of 5)
Rev.12/10
Engaging in conduct that would place in reasonable fear of bodily injury
Or otherwise communicating, directly or indirectly, with:
Telephoning
Contacting
Threatening
Harassing
Stalking
Annoying
The Plaintiff and/or
Minor(s) and/or
Child(ren) of the Plaintiff and/or
Any designated person, to wit:
________________________________________________
________________________________________________
(3) Order the Defendant to stay away from: the Plaintiff’s
residence; place of employment; school; and/or the
the child(ren)’s:
residence; place of employment; school; and/or any other designated person’s to wit:___________________;
residence; place of employment; school; 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 places(s):
____________________________________________________________________________________________________________.
(4) Award temporary custody of the child(ren) to _______________________________________________________________________.
(Please specify the name of the person to whom custody should be given)
(5) Enjoin the Defendant from interfering with the Plaintiff’s efforts to remove any of the Plaintiff’s child(ren)
and direct the appropriate law enforcement officer to accompany the Plaintiff during the effort to remove any of
the Plaintiff’s child(ren).
(6) Enjoin the Defendant from removing any child(ren) from _________________________________________
(the individual 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) Order possession and use of an
automobile and/or other essential personal effects regardless of ownership, and direct
the appropriate law enforcement officer to accompany the Plaintiff to the residence of the parties or to other
specified locations as necessary to protect the Plaintiff or any children from abuse.
(8) Remove and exclude the Defendant from the residence of the Plaintiff, regardless of ownership of the residence.
(9) Prohibit the Defendant from
transferring; concealing; encumbering; or otherwise disposing of specified property
mutually owned or leased by the parties (Please describe property).
(10) Order other 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:
VIII. Additional relief requested for final hearing:(permanent order)
In addition to the relief requested above in “VII. Ex Parte Relief Requested,” I request the following relief for myself
and/or the person(s) for whom I am applying:
(11) Order the Defendant to comply with the following visitation arrangements of any child(ren):
Visitation; Deny visitation; Require supervision by a third party
(Please specify visitation arrangements of any children below giving primary consideration to the safety of the Plaintiff
or any child(ren) or both).
(12) Order the Defendant to pay attorney’s fees and court costs.
(13) Grant possession of the residence or household to the Plaintiff to the exclusion of the Defendant by:
evicting the
defendant;
restoring possessions to the Plaintiff; or both; or agreeing to allow the Defendant to provide
suitable alternate housing.
(14) Order the Defendant to pay temporary reasonable child support for the Plaintiff and/or any child(ren) in the Plaintiff’s
custody, or both, in accordance with the Child Support Guidelines. (If this relief is sought, you must Attach COMPLETED
copies of Form CS-41, Child Support Obligation Income Statement/Affidavit, Form CS-42, Child Support Guidelines, and
form CS-47, Child Support Information Sheet).
Original-Court Record Copy-Law Enforcement Copy-Plaintiff Copy-Defendant
Case Number
PETITION FOR PROTECTION FROM ABUSE
State of Alabama
Form C-2 (4 of 5)
Rev. 12/10
Form C-2 (Page 5 of 5) PETITION FOR PROTECTION FROM ABUSE Case Number
Rev.1
2/10
(15) Order the Defendant to provide temporary possession of the vehicle (description):
_____________________________________________________________________________________________________to the Plaintiff
because the Plaintiff has no other means of transportation of his or her own and the Defendant has control of more than one vehicle:
or has alternate means of transportation.
(16) Incorporate another custody order (Case Number, County, State: ________________________________); or visitation
order (Case Number, County, State:___________________________________; support order (Case Number, County,
State: ____________________________________) into this Order.
(17) Order the Defendant to surrender all firearms.
(18) Direct the appropriate law enforcement office to accompany the Plaintiff to: the residence of the parties; and/or
another location, ________________________________________________ (description of location), as necessary to enforce
any of the
terms of this Order.
(19) Order other relief not requested above
(describe):_______________________________________________________________________________________________________
________________________________________________________________________________________________________________
Before me, the undersigned authority, personally appeared the Plaintiff, who is known to me or presented an identification card to me,
and who being duly sworn, deposes and says that he/she has read the foregoing Petition for Protection from Abuse and that the facts herein
a
re true and correct.
Sworn to and subscribed before this, the ___________________day of ________________________________, ____________.
_________________________________________________
Plaintiff (Please print)
_________________________________________________
Plaintiff (Signature)
_________________________________________________
Judge/Clerk of County/Notary Public
(Notary: my commission expires _______________).
________________________________________________
_______________________________________________
_______________________________________________
Business Address and Telephone Number of Judge/Clerk
Of Court/Notary Public
NOTICE TO DEFENDANT
The Defendant is advised that (1) he or she has the right to counsel at his or her own expense at the final hearing on this Petition
but not counsel appointed by the court; and (2) he or she has a right to request a final hearing prior to 10 days of perfection of
Service of this Petition.
Original-Court Record Copy- Law Enforcement Copy-Plaintiff Copy-Defendant

Form Information

Fact Name Details
Form Purpose The Alabama C-2 form is used to petition for protection from abuse, specifically in cases of domestic violence.
Governing Law This form is governed by Alabama Code 1975, Section 30-5-5(e)(1), which outlines the confidentiality of certain information.
Eligible Plaintiffs Individuals 18 or older, parents, legal guardians, or emancipated minors can file for protection from abuse.
Defendant's Actions The form requires details about the defendant's actions that caused fear or harm to the plaintiff.
Child Considerations Information about any children involved is required, including their ages and living arrangements.
Ex Parte Relief The form allows for immediate relief requests, such as restraining orders or temporary custody arrangements.
Additional Relief At the final hearing, the plaintiff can request further relief, including attorney fees and custody orders.
Filing Copies Multiple copies of the form must be filed: one for the court record, one for law enforcement, and copies for the plaintiff and defendant.

Detailed Guide for Filling Out Alabama C 2

Filling out the Alabama C-2 form is an important step for individuals seeking protection from abuse. The form requires detailed personal information and specific circumstances surrounding the request for protection. Completing it accurately and thoroughly is essential to ensure that the court can make an informed decision regarding the petition.

  1. Obtain the Alabama C-2 form from the appropriate court or online resource.
  2. Enter the case number at the top of the form.
  3. Fill in the name of the county where the petition is being filed.
  4. Provide the plaintiff's name and defendant's name in the designated spaces.
  5. Complete the plaintiff's date of birth and defendant's address (business or home) including city, state, and zip code.
  6. Fill in the defendant's date of birth and social security number.
  7. Indicate the eligibility of the plaintiff by checking the appropriate boxes for eligibility.
  8. Choose one section (1, 2, 3, 4, or 5) that best describes the relationship between the plaintiff and defendant, and provide additional details if necessary.
  9. State the plaintiff's residence and age.
  10. Answer the questions regarding any other civil cases or criminal charges involving the defendant.
  11. Check the box if the plaintiff left home due to abuse and fill in the current county of residence.
  12. Provide information about the defendant's location and age.
  13. Request the type of protection order needed by checking the appropriate box.
  14. Indicate all actions the defendant has taken that have caused fear or harm by checking the relevant boxes.
  15. Explain the abuse that has occurred, starting with the most recent incident, and provide details about why there is a fear of further abuse.
  16. Complete the legal information section regarding any existing restraining or protection orders against the defendant.
  17. List the names and ages of any children involved and indicate if there is a custody order.
  18. Detail the living situation of the plaintiff and the defendant.
  19. Check the boxes for any ex parte relief requested and provide necessary details.
  20. Request additional relief for the final hearing if applicable.
  21. Sign and date the form, ensuring that it is properly notarized.

Obtain Answers on Alabama C 2

  1. What is the Alabama C 2 form?

    The Alabama C 2 form is a legal document known as the Petition for Protection from Abuse. It is used by individuals seeking protection from domestic violence. This form allows a person, referred to as the Plaintiff, to request a protection order against another person, known as the Defendant, who is accused of abusive behavior.

  2. Who can file an Alabama C 2 form?

    Eligible individuals include those who are 18 years or older and seeking protection for themselves, parents or guardians filing on behalf of minors, and emancipated minors. The form can also be filed by the State Department of Human Resources on behalf of someone unable to file due to physical or mental incapacity.

  3. What information is required on the form?

    The form requires detailed information about the Plaintiff and Defendant, including names, addresses, dates of birth, and the nature of their relationship. It also asks about any previous legal actions involving the parties, such as existing protection orders or criminal charges related to abuse.

  4. What types of abuse can be reported?

    The form allows the Plaintiff to check various types of abuse that have occurred, such as physical harm, threats, stalking, and sexual assault. Each type of abuse must be clearly explained in the form, detailing how and when it occurred.

  5. What happens after the form is filed?

    Once the form is filed, the court will review the petition. If the court finds sufficient grounds, it may issue a temporary protection order. A hearing will then be scheduled to determine if a longer-term order is necessary. Both parties will have the opportunity to present their cases at this hearing.

  6. Can a protection order include child custody arrangements?

    Yes, the Alabama C 2 form allows the Plaintiff to request temporary custody of children involved in the situation. The form provides space to specify custody arrangements, which the court will consider in relation to the safety of the children and the Plaintiff.

  7. What should be done if there are additional cases involving the Defendant?

    If there are other civil or criminal cases involving the Defendant, the Plaintiff should provide that information on the form. Additional sheets can be attached if necessary, detailing case numbers and the jurisdictions involved.

  8. What are the consequences of providing false information on the form?

    Providing false information can lead to serious consequences. The court may dismiss the case, and the Plaintiff could face charges of perjury. It is crucial to ensure that all information submitted is complete and truthful.

Common mistakes

Filling out the Alabama C-2 form, which is a petition for protection from abuse, can be a daunting task. Many individuals make mistakes that can hinder their case. Here are ten common errors to avoid when completing this important document.

One of the most frequent mistakes is failing to provide complete and accurate information. The form requires specific details about both the plaintiff and the defendant, including names, addresses, and dates of birth. Incomplete information can lead to delays or even dismissal of the case. Always double-check that all fields are filled out correctly.

Another common error is selecting more than one section when indicating the relationship between the plaintiff and the defendant. The form clearly states to check only one section, yet many people overlook this instruction. This can create confusion and may result in the court not understanding the nature of the relationship, which is crucial for the case.

Some individuals neglect to explain their relationship when selecting sections three or four. If you indicate that there is a dating relationship or that the defendant is a household member, you must provide a brief explanation. Omitting this information can lead to misunderstandings about the nature of the abuse.

It’s also important to accurately state whether there are any ongoing civil or criminal cases involving the defendant. Many people either forget to mention these cases or provide incorrect information. This oversight can affect the court’s understanding of the situation and may impact the outcome of your petition.

Additionally, individuals often forget to check the boxes related to the abuse that has occurred. It’s essential to mark all that apply, as this helps the court understand the severity and nature of the situation. Leaving these sections blank can weaken your case.

Another mistake is failing to describe the abuse in detail. The form includes a section where you should explain what has happened, starting with the most recent incident. Providing vague or minimal descriptions can make it difficult for the court to grasp the seriousness of the situation.

People sometimes also overlook the importance of including information about children involved in the situation. If there are children under 19 years old who have lived in the plaintiff’s household, their names and ages must be listed. This information is vital for any custody considerations.

Some applicants forget to mention existing restraining orders. If there is a current protection order against the defendant or if the defendant has a restraining order against the plaintiff, this must be noted. Failing to disclose this information can lead to complications in your case.

Another common error is not providing the correct county and state for any existing cases or orders. This information is crucial for the court to process your petition effectively. Make sure to verify that all geographic details are accurate.

Lastly, many people fail to sign and date the form correctly. The plaintiff must sign the document in front of a notary or clerk, which is a critical step in validating the petition. Neglecting this can result in the petition being deemed invalid.

By avoiding these common mistakes, individuals can ensure that their Alabama C-2 form is filled out correctly, helping to facilitate a smoother legal process in seeking protection from abuse.

Documents used along the form

The Alabama C-2 form is a critical document used to petition for protection from abuse. When filing this form, several other documents may also be necessary to support the case. Below is a list of forms and documents often used alongside the Alabama C-2 form, along with brief descriptions of each.

  • Form CS-41: Child Support Obligation Income Statement/Affidavit - This form provides the court with the financial information needed to determine child support obligations. It requires details about income, expenses, and any other relevant financial information.
  • Form CS-42: Child Support Guidelines - This document outlines the guidelines used to calculate child support amounts. It helps ensure that support is fair and in accordance with state laws.
  • Form CS-47: Child Support Information Sheet - This form collects essential information about the parties involved in the child support case, including their addresses and employment details. It helps the court track and manage child support cases effectively.
  • Petition for Temporary Custody - If custody of children is a concern, this petition may be filed to request temporary custody arrangements while the protection order is being considered.
  • Affidavit of Service - This document serves as proof that the defendant has been formally served with the petition. It is crucial for ensuring that the court has jurisdiction over the case.
  • Motion for Ex Parte Relief - This motion requests immediate protection from the court without waiting for the defendant to respond. It is often used in urgent situations where there is a threat of harm.
  • Criminal Complaint - If there are criminal charges against the defendant related to abuse, this document outlines the charges and serves as a basis for the protection order.

Utilizing these forms and documents can help strengthen your case and ensure that all necessary legal protocols are followed. It is advisable to consult with a legal professional to ensure that all paperwork is completed accurately and submitted in a timely manner.

Similar forms

  • Protection Order Petition: Similar to the Alabama C 2 form, this document requests a court to issue an order for protection from abuse, outlining the specific threats or acts of violence that have occurred.
  • Restraining Order Application: This form serves to request a restraining order against an individual, often due to harassment or threats, similar to the protections sought in the C 2 form.
  • Domestic Violence Restraining Order: This document specifically targets domestic violence situations, requesting the court to prevent an abuser from contacting or coming near the victim, much like the Alabama C 2 form.
  • Child Custody Petition: When domestic violence is involved, a child custody petition may be filed to ensure the safety of children, similar in intent to the protective measures in the C 2 form.
  • Emergency Protection Order: This is a temporary order issued to protect individuals from immediate harm, paralleling the urgent nature of requests found in the Alabama C 2 form.
  • Order of Protection: This is a legal order issued to prevent further abuse or harassment, akin to the protections outlined in the C 2 form.
  • Ex Parte Order: This type of order can be requested without the other party being present, similar to the immediate relief sought in the Alabama C 2 form.
  • Victim Impact Statement: While not a protective order, this document allows victims to describe the impact of the abuse, which can support requests for protection similar to the C 2 form.
  • Affidavit of Support: This document can accompany protection requests, detailing the circumstances of abuse and supporting the need for legal action, much like the Alabama C 2 form.
  • Notice of Hearing: This informs involved parties of upcoming court dates related to protection requests, ensuring all parties are aware, similar to the procedural aspects of the C 2 form.

Dos and Don'ts

When filling out the Alabama C-2 form, it is crucial to approach the task with care and attention. Here are four important things to do and avoid:

  • Do provide complete and truthful information. Inaccuracies can lead to dismissal of your case or even charges of perjury.
  • Don't leave any sections blank unless instructed. Every part of the form is important for the court's understanding of your situation.
  • Do check only one section regarding your relationship with the defendant. Selecting multiple sections can cause confusion and delays.
  • Don't forget to include any additional sheets if you need more space to explain the abuse or provide further details about your case.

Misconceptions

Understanding the Alabama C 2 form can be challenging due to various misconceptions. Here are six common misunderstandings about this form:

  • Misconception 1: The C 2 form is only for married individuals.
  • This is incorrect. The form is available for anyone seeking protection from abuse, including unmarried individuals, parents, legal guardians, and even minors under certain conditions.

  • Misconception 2: Submitting the form guarantees immediate protection.
  • While the form initiates the process for obtaining a protection order, immediate relief is not guaranteed. A court hearing is typically required to grant a protection order.

  • Misconception 3: The plaintiff's personal information is publicly accessible.
  • This is false. Certain personal information, such as home addresses and phone numbers, is kept confidential to protect the plaintiff's safety.

  • Misconception 4: You must have physical evidence of abuse to file the petition.
  • While evidence can strengthen a case, the petition can be filed based on the plaintiff's reasonable fear of abuse or threats, even without physical evidence.

  • Misconception 5: The defendant cannot contest the order once it is filed.
  • The defendant has the right to contest the order at a hearing. They can present their side of the story and provide evidence to dispute the claims made in the petition.

  • Misconception 6: Only physical abuse qualifies for a protection order.
  • This is misleading. Emotional abuse, threats, and stalking also qualify for protection under Alabama law. The definition of abuse is broad and includes various forms of harm.

Key takeaways

  • The Alabama C 2 form is a petition for protection from abuse, specifically designed for individuals seeking legal protection from domestic violence.

  • Complete and truthful information is crucial. Inaccurate information can lead to case dismissal or charges of perjury.

  • Eligibility criteria include being 18 or older, a parent or guardian, or a minor who is married or emancipated.

  • Applicants must check only one relationship category between the plaintiff and defendant, such as spouse, dating relationship, or household member.

  • Specific information about past abuse must be provided, including dates, locations, and details of incidents.

  • The form requires disclosure of any existing civil or criminal cases involving the plaintiff and defendant.

  • Applicants can request various forms of relief, including restraining orders and temporary custody arrangements.

  • It is important to specify any children involved, including their names and ages, as well as any existing custody orders.

  • Ex parte relief may be requested, allowing for immediate protection without the defendant's presence.

  • Legal representation is advised, although the court does not provide free counsel for defendants in these cases.