Legal Information: Alabama

Restraining Orders

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Updated: 
September 1, 2023

What is the legal definition of an elderly person?

For the purposes of getting an elder abuse protection order, an “elderly person” is defined as a person who is 60 or older.1

1 Ala. Code § 38-9F-3(4)

What is the legal definition of elder abuse?

For the purposes of getting an elder abuse protection order, “elder abuse” includes the following acts or intent to do the following acts:

1 Ala. Code § 38-9F-3(2)

What types of elder abuse protection orders are there? How long do they last?

There are two types of elder abuse protection orders: ex parte orders and final orders.

Ex parte orders are temporary orders that do not require the abuser to be notified beforehand. They last for approximately 10 days, until the court hearing on a final order.1 To get a temporary ex parte order, you must show that you are in danger of likely, future harm.2

A judge issues a final order after notice to the abuser and a court hearing. A final order is permanent unless the judge directs otherwise.3

1 Ala. Code § 38-9F-7(b)
2 Ala. Code § 38-9F-8(b)
3 Ala. Code § 38-9F-8(e)

What protections can I get in an elder abuse protection order?

Through an ex parte elder abuse protection order, a judge can order that the abuser:

  • stop committing elder abuse or threatening to commit elder abuse;
  • not contact you in any way that puts you in reasonable fear of injury;
  • stay away from your home, place of work, or any other place;
  • not live with you, no matter who owns the home;
  • allow you to use a car or any other items, no matter who owns them;
  • not use or transfer any of your property or money;
  • give you a report on your income, debts, expenses, and other financial matters;
  • not act as your guardian, conservator, or power of attorney;
  • follow the instructions of your guardian, conservator, or power of attorney; and
  • do anything else that the judge thinks is necessary for your safety or welfare.1

In a final order, a judge can:

  • grant all of the protections listed above; and
  • order the abuser to:
    • return to you any money or property that the abuser has previously controlled;
    • pay money (damages) for any physical or financial injuries caused or pay for your attorney’s fees; and
    • not have any guns.2

1 Ala. Code § 38-9F-8(b)
2 Ala. Code § 38-9F-8(c)

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