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The Alabama C 2 form is a crucial document for individuals seeking protection from abuse in the state. This form, officially titled the Petition for Protection from Abuse, serves as a legal request to the court for various forms of relief from domestic violence. It outlines the necessary information about the plaintiff and defendant, including their names, addresses, and relationship to one another. Importantly, the form requires the plaintiff to detail any incidents of abuse, making it essential for those who have experienced threats or violence to provide a clear account of their situation. The Alabama C 2 form also emphasizes the confidentiality of sensitive information, ensuring that personal details such as home addresses and phone numbers are protected from public disclosure. Furthermore, it guides the plaintiff through eligibility criteria, allowing for applications on behalf of minors or individuals unable to represent themselves due to mental or physical incapacity. Completing this form accurately is vital, as providing false information can lead to dismissal of the case or even charges of perjury. The petition not only seeks immediate protection but may also request long-term orders, such as custody arrangements and financial support, making it a comprehensive tool for those in need of legal assistance against domestic violence.

Misconceptions

Misconceptions about the Alabama C-2 Form

  • Only victims of physical abuse can file. Many believe that the form is only for those who have experienced physical violence. However, it is also available for those facing threats, emotional abuse, or stalking.
  • Filing a petition is a lengthy process. Some think that the process takes a long time. In reality, emergency protection orders can often be granted quickly, sometimes on the same day the petition is filed.
  • The form is only for married couples. A common misconception is that only spouses can use the C-2 form. In fact, it is available to anyone in a domestic relationship, including dating partners and family members.
  • All information is public. There is a belief that all details submitted on the form are accessible to the public. In truth, certain personal information, such as addresses and phone numbers, is kept confidential to protect the plaintiff's safety.
  • You must have legal representation to file. Some individuals think they need a lawyer to file the petition. However, anyone can fill out and submit the form on their own, although legal advice can be beneficial.
  • Once filed, the order is permanent. Many assume that a protection order remains in effect indefinitely. In fact, these orders often have a set duration and may require renewal or modification based on circumstances.

Example - 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 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 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

State of Alabama

PETITION FOR PROTECTION FROM ABUSE

Case Number

Form C-2 (2 of 5)

 

Rev. 12/10

 

 

 

 

 

(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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

State of Alabama

 

Case Number

Form C-2 (3 of 5)

PETITION FOR PROTECTION FROM ABUSE

 

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:___________________________.

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.

 

 

 

 

 

 

 

both the Plaintiff and the Defendant.

 

 

 

The place where the Plaintiff lives is: Owned by:

the Plaintiff;

 

the Defendant; or

 

 

 

 

the Defendant; or

 

both the Plaintiff and the Defendant.

Rented by:

the Plaintiff;

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

________________________________________________

 

 

 

Original-Court Record

 

Copy-Law Enforcement

Copy-Plaintiff

Copy-Defendant

State of Alabama

Form C-2 (4 of 5)

Rev. 12/10

PETITION FOR PROTECTION FROM ABUSE

Case Number

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

residence;

place of employment;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

residence;

 

place of employment;

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).

Original-Court Record

Copy-Law Enforcement

Copy-Plaintiff

Copy-Defendant

Form C-2 (Page 5 of 5) Rev.12/10

PETITION FOR PROTECTION FROM ABUSE

Case Number

(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 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.

Original-Court Record

Copy- Law Enforcement

Copy-Plaintiff

Copy-Defendant

Similar forms

The Alabama C-2 form, which is a petition for protection from abuse, shares similarities with the Domestic Violence Restraining Order (DVRO) form used in many states. Both documents are designed to provide legal protection to individuals who are victims of domestic violence. They allow the petitioner to outline the nature of the abuse and request specific protections, such as restraining the abuser from contacting or coming near them. Like the C-2 form, a DVRO also requires the petitioner to provide detailed information about the relationship with the abuser and any children involved, ensuring that the court has a comprehensive understanding of the situation.

Another document that parallels the Alabama C-2 form is the Petition for Temporary Restraining Order (TRO). A TRO is often used in emergency situations to provide immediate relief before a more permanent order can be established. Similar to the C-2 form, a TRO requires the petitioner to demonstrate a credible threat of harm or ongoing abuse. Both forms typically require the petitioner to provide personal information and details about the incidents of abuse, reinforcing the need for a swift legal response to protect the individual in danger.

In the context of legal protections available in Tennessee, it is crucial to consider the implications of a Hold Harmless Agreement, which serves to shield parties from liability associated with specific activities or transactions, ensuring that individuals and businesses are not unfairly burdened by potential legal claims that may arise from their engagements.

The Protective Order Request form is also akin to the Alabama C-2 form. This document is utilized in various jurisdictions to seek protection from harassment or abuse. Like the C-2, it allows the petitioner to describe the nature of the abuse and the relationship with the alleged abuser. Both forms aim to ensure the safety of the petitioner and may include requests for additional protections, such as custody arrangements for children or restrictions on the abuser's access to shared property.

Additionally, the Child Custody Modification Petition bears similarities to the C-2 form, particularly when children are involved in domestic violence cases. This document is filed when a parent seeks to change existing custody arrangements due to concerns about the child's safety. Both forms require detailed information about the child's living situation and the circumstances that warrant a change in custody. The emphasis on the child's welfare is a common thread, highlighting the importance of addressing safety concerns in both contexts.

Lastly, the Family Law Petition for Divorce can be compared to the Alabama C-2 form, especially in cases where domestic violence is a factor. Both documents require the parties to disclose information about their relationship, including any history of abuse. The C-2 form focuses specifically on seeking protection, while the divorce petition may also address division of property, custody, and support. However, both forms serve to inform the court of the dynamics within the relationship and the need for legal intervention to ensure safety and fair treatment.

Common mistakes

Filling out the Alabama C-2 form can be a critical step in seeking protection from abuse, but mistakes can hinder the process. One common error is failing to provide complete and truthful information. The form explicitly states that incomplete or false information can lead to dismissal of the case or even charges of perjury. It is essential to carefully review all sections and ensure that every detail is accurate and comprehensive.

Another frequent mistake involves selecting multiple sections when only one should be checked. The form clearly instructs applicants to check and fill out only one section regarding the relationship with the defendant. Misunderstanding this instruction can create confusion and delay the legal process. Ensuring that only one option is selected helps streamline the court's review of the petition.

Many individuals also overlook the importance of explaining the relationship when selecting options three or four. If the applicant indicates a dating relationship or a current/former household member, they must provide a brief explanation. Failing to include this information can lead to further inquiries from the court, prolonging the resolution of the case.

Lastly, neglecting to disclose any ongoing civil or criminal cases involving the defendant is a significant oversight. The form asks whether there are any other cases related to domestic relations, child support, or juvenile matters. Providing this information is crucial, as it offers the court context about the situation. Omitting such details can result in complications or even dismissal of the petition.