The Alabama C 2 form is a legal document used to petition for protection from abuse in Alabama. This form allows individuals to request a court order to protect themselves or their children from domestic violence. Completing this form accurately is crucial, as it initiates legal proceedings aimed at ensuring safety and preventing further abuse.
The Alabama C-2 form, officially known as the Petition for Protection from Abuse, serves as a crucial legal document for individuals seeking protection from domestic violence. This form is utilized within the Alabama Unified Judicial System and is designed to help plaintiffs—those seeking protection—outline their circumstances and the nature of the abuse they have experienced. It requires the plaintiff to provide essential information, such as personal details, the relationship to the defendant, and a description of the incidents that have prompted the request for protection. The form emphasizes the importance of truthful and complete information, as inaccuracies can lead to dismissal of the case or even charges of perjury. Furthermore, it includes sections to identify eligible plaintiffs, the nature of the abuse, and any existing legal matters involving the defendant. In addition, the form allows for the request of specific protective measures, such as restraining orders or temporary custody arrangements for children involved. Given the sensitive nature of these cases, completing the Alabama C-2 form accurately and promptly is vital for ensuring the safety and well-being of those affected by domestic violence.
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 from 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 FILL 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 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
Form C-2 (2 of 5)
(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):
Made the Plaintiff afraid that the Plaintiff would be seriously injured
Injured the Plaintiff
Tried to hurt the Plaintiff
Made the Plaintiff have sex by force or threat of force
Threatened to injure/hurt the Plaintiff
Kidnapped the Plaintiff or his or her child(ren)
Trespassed on the Plaintiff’s property
Stalked the Plaintiff
Set fire to the Plaintiff’s house
Abused the Plaintiff’s child(ren)
Stole from the Plaintiff
Restrained the Plaintiff
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:
I don’t know;
NO. If YES, the County and State where it was issued:______________________County, ______________ (State).
YES;
The Defendant has a current restraining or protection order against the Plaintiff:
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).
Form C-2 (3 of 5)
Rev.12/10
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:___________________________.
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:______________________.
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.
both the Plaintiff and the Defendant.
The place where the Plaintiff lives is: Owned by:
the Plaintiff;
the Defendant; or
Rented by:
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:______________________________.
Restrain and enjoin the Defendant from:
(2)
Engaging in conduct that would place in reasonable fear of bodily injury
Telephoning
Harassing
Or otherwise communicating, directly or indirectly, with:
Contacting
Stalking
Threatening
Annoying
Any designated person, to wit:
The Plaintiff and/or
Minor(s) and/or
________________________________________________
Child(ren) of the Plaintiff and/or
Form C-2 (4 of 5)
residence;
place of employment;
school; and/or the
(3) Order
the Defendant to stay away from: the Plaintiff’s
school; and/or any other designated person’s to wit:___________________;
the
child(ren)’s:
school;
any specified place, which the court determines the Defendant has no legitimate
the Plaintiff, and/or
child(ren); and/or
any designated person.
reason to frequent, as designated below, frequented by
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 mutually owned or leased by the parties (Please describe property).
otherwise disposing of specified property
(10) Order other relief deemed necessary to provide for the safety and welfare of the: and/or Any designated person as follows:
Plaintiff: and/or
any child(ren);
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).
Form C-2 (Page 5 of 5) Rev.12/10
(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:
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 are 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.
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The Alabama C-2 form, which is a petition for protection from abuse, shares similarities with various legal documents aimed at ensuring safety and addressing domestic violence situations. One such document is the Temporary Restraining Order (TRO). A TRO is often issued quickly to prevent an abuser from contacting or approaching the victim. Like the C-2 form, it requires the victim to provide specific details about the abuse and the relationship with the abuser. Both documents serve to protect individuals from immediate harm and require the abuser to adhere to certain restrictions.
Another related document is the Order of Protection. This order is typically issued after a hearing and can provide longer-term protection than a TRO. Similar to the C-2 form, it outlines the abusive behaviors and the necessary restrictions on the abuser. Both documents aim to create a safe environment for the victim and may include provisions for custody and visitation of children.
The Domestic Violence Restraining Order (DVRO) is also comparable to the Alabama C-2 form. A DVRO is designed specifically for victims of domestic violence and provides legal protection against an abuser. Like the C-2 form, it requires the victim to detail the incidents of abuse and the relationship dynamics. Both documents seek to prevent further abuse and ensure the safety of the victim and any children involved.
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The Child Custody Order is another document that bears similarity to the C-2 form. While primarily focused on the welfare of children, it often intersects with domestic violence cases. Both documents require information about the children involved and aim to protect their well-being. The C-2 form may request temporary custody arrangements, mirroring the concerns addressed in a Child Custody Order.
The Divorce Petition is another relevant document. In cases where domestic violence is present, a Divorce Petition may accompany a C-2 form. Both documents require disclosure of the relationship history and any incidents of abuse. They aim to address the safety of the victim while navigating the legal process of separation.
The Civil Harassment Restraining Order is similar as well. This order is used in cases where harassment occurs, even if it does not involve intimate partners. Like the C-2 form, it requires the victim to provide evidence of the harassment and seeks to restrict the harasser's behavior. Both documents serve to protect individuals from unwanted contact and threats.
The Petition for Guardianship may also reflect similarities. In situations where a minor is involved, both documents may address the need for protective measures. The C-2 form can initiate protective actions for minors, while a Guardianship Petition seeks to establish a legal guardian for a child, often in response to abusive situations.
The Stalking Order is another document that aligns with the C-2 form. This order is specifically designed for victims of stalking behavior. Both require the victim to provide a detailed account of the stalking incidents and seek to impose restrictions on the stalker. The goal is to ensure the victim's safety and prevent further harassment.
Lastly, the Protective Order for Victims of Sexual Assault is comparable to the C-2 form. This order provides immediate protection for individuals who have experienced sexual violence. Like the C-2 form, it requires the victim to provide information about the assault and the relationship with the perpetrator. Both documents are essential tools for ensuring safety and addressing the aftermath of violence.
Filling out and using the Alabama C-2 form is an important step for individuals seeking protection from abuse. Here are key takeaways to consider:
By keeping these points in mind, individuals can navigate the process of using the Alabama C-2 form more effectively and ensure their safety and legal rights are prioritized.
The Alabama C 2 form, also known as the Petition for Protection from Abuse, is a legal document that individuals can use to seek protection from domestic violence. It allows a person, referred to as the plaintiff, to request a court order to protect themselves and their children from an abuser, referred to as the defendant.
Any individual who is 18 years of age or older and is experiencing domestic violence can file this form. Additionally, a parent, legal guardian, or the State Department of Human Resources can file on behalf of a minor or someone unable to seek protection due to physical or mental incapacity. Minors who are married or emancipated can also file for themselves.
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 incidents of abuse, existing protection orders, and the names and ages of any children involved.
The form allows plaintiffs to report various forms of abuse, including physical harm, threats of injury, sexual assault, stalking, and emotional abuse. Plaintiffs must explain the abuse that has occurred, providing as much detail as possible.
Once the Alabama C 2 form is submitted, the court will review the petition. If the court finds sufficient evidence of abuse, it may issue a temporary protection order. A hearing will typically be scheduled to determine whether a longer-term protection order is necessary.
In most cases, filing the Alabama C 2 form is free of charge. However, it is important to check with the local court for any specific rules or potential fees that may apply in certain circumstances.
Yes, the defendant has the right to contest the protection order. They can appear at the scheduled hearing to present their side of the story. It is crucial for both parties to understand their rights and responsibilities during this process.
If you feel you are in immediate danger, it is important to contact law enforcement right away. They can assist in ensuring your safety and may help you in obtaining an emergency protection order if necessary.