The Alabama C 2 form is a legal document used to petition for protection from abuse. It allows individuals seeking safety from domestic violence to formally request a court order. If you need to fill out this important form, please click the button below to get started.
The Alabama C-2 form is a crucial document used in the legal process of seeking protection from abuse. This form is specifically designed for individuals who have experienced domestic violence and need to request a protective order from the court. It serves as a petition that outlines the relationship between the plaintiff and the defendant, details the nature of the abuse, and specifies the type of relief being sought. The form requires the plaintiff to provide essential information, including their age, residency, and any children involved. It also prompts the plaintiff to disclose whether there are any existing legal matters related to the defendant, such as custody disputes or previous protection orders. Importantly, the C-2 form emphasizes the need for truthful and complete information, as inaccuracies can lead to serious legal consequences. Additionally, the form includes sections for the plaintiff to describe the abuse they have suffered and to request specific legal protections, such as restraining orders or temporary custody arrangements. By understanding the components and requirements of the Alabama C-2 form, individuals can better navigate the often daunting process of seeking safety and legal recourse in situations of 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.
Copy- Law Enforcement
Filling out the Alabama C-2 form is an important step in seeking protection from abuse. It is essential to provide accurate and complete information to ensure that your petition is processed correctly. Below are the steps to guide you through the process of filling out this form.
Once you have filled out the form completely, it is important to review it for any errors or missing information. After confirming everything is accurate, you can submit it to the appropriate court. Be sure to keep copies of the completed form for your records.
What is the purpose of the Alabama C 2 form?
The Alabama C 2 form is a legal document used to petition the court for protection from abuse. It allows individuals who have experienced domestic violence to seek a protection order against the person who has harmed them. This form is essential for those who need immediate legal protection and support to ensure their safety and the safety of their children.
Who is eligible to file the Alabama C 2 form?
Eligibility to file the Alabama C 2 form includes individuals who are 18 years or older and seeking protection for themselves, as well as parents, legal guardians, or custodians filing on behalf of minors or individuals unable to file due to physical or mental incapacity. Additionally, minors who are married or emancipated may also file for protection.
What information must be included in the form?
The form requires complete and truthful information about both the plaintiff and the defendant, including names, addresses, dates of birth, and details about the relationship between the parties. It also asks for specific instances of abuse, any existing legal actions involving the defendant, and details about any children affected by the situation.
What types of relief can be requested through the Alabama C 2 form?
Individuals can request various forms of relief, including a protection order, temporary custody of children, and restrictions on the defendant's contact with the plaintiff. The form allows for requests to prevent the defendant from engaging in further abuse or harassment and may include provisions for temporary child support or possession of shared property.
What happens after the form is submitted?
Once the Alabama C 2 form is submitted, the court will review the petition. A hearing may be scheduled to evaluate the evidence and determine whether to grant the requested protection order. It is crucial for the plaintiff to attend this hearing and present their case effectively.
Is legal representation required when filing the Alabama C 2 form?
While legal representation is not required to file the Alabama C 2 form, it is highly recommended. Having an attorney can help ensure that the petition is completed accurately and that the plaintiff's rights are fully protected throughout the legal process.
Filling out the Alabama C-2 form can be a daunting task, and mistakes can lead to delays or even dismissal of the case. One common error is failing to provide complete and truthful information. The form explicitly states that incomplete or false information may result in the case being dismissed and potential legal repercussions for perjury. It is crucial to ensure that every section is filled out accurately, including personal details about both the plaintiff and defendant. Skipping sections or providing vague answers can hinder the court's ability to process the petition effectively.
Another frequent mistake is neglecting to check the appropriate eligibility criteria. The form requires applicants to check all that apply regarding their status as plaintiffs. Some individuals may overlook this section or fail to understand which category they fall into. This oversight can lead to confusion about their rights and the protections available to them. It is essential to carefully read each option and ensure that the correct boxes are checked to avoid complications down the line.
Additionally, many applicants struggle with the relationship section of the form. The instructions specify that only one relationship type should be selected, yet some people mistakenly check multiple boxes. This can create ambiguity regarding the nature of the relationship between the plaintiff and defendant. To ensure clarity, applicants should select the most accurate option and provide any necessary explanations for their choice. Misunderstanding this section can complicate the court's understanding of the case.
Finally, applicants often fail to provide detailed explanations of the abuse they have experienced. The form includes a section for describing incidents of abuse, which is vital for the court's consideration. Some individuals may write brief or vague descriptions, which do not adequately convey the severity of the situation. Providing detailed accounts, including dates, locations, and specific actions taken by the defendant, is crucial for establishing the need for protection. This section is not just a formality; it is a critical component of the petition that can significantly influence the court's decision.
The Alabama C-2 form is a crucial document for individuals seeking protection from domestic violence. However, it is often accompanied by other forms and documents that help facilitate the legal process. Understanding these additional documents can be essential for anyone navigating this challenging situation.
Each of these documents plays a significant role in the overall process of seeking protection from abuse in Alabama. By familiarizing oneself with these forms, individuals can better navigate the legal landscape and advocate for their safety and well-being.
When filling out the Alabama C-2 form for a Petition for Protection from Abuse, it is crucial to approach the process with care and attention to detail. Here are some essential dos and don’ts to keep in mind:
By following these guidelines, you can ensure that your petition is filled out correctly and effectively, increasing the likelihood of a favorable outcome.
Misconceptions about the Alabama C 2 form can lead to confusion for those seeking protection from abuse. Here are seven common misconceptions and clarifications regarding the form:
Ensure that all information provided on the Alabama C-2 form is complete and truthful. Incomplete or false information may lead to dismissal of the case or charges of perjury.
Check the appropriate eligibility criteria. You must indicate if you are 18 or older, a minor, or acting on behalf of someone unable to apply.
Clearly state the nature of the abuse. Provide specific details about incidents, including dates and locations, to strengthen your case.
Understand the importance of confidentiality. The plaintiff's personal information, such as home address and phone numbers, is protected from public disclosure.