Legal Question in Family Law in Alabama
Eleven year relationship living together for past 16 month period. Arguement ensued between her daughter and me leading to an arguement betwen she and I, wherein we both said some pretty nasty things to each other. The result being she demands me and my daughter leave house stating she had promised her daughter she would end it with me. Her daughter is 18 and for more than 3 years has not reside at the property.
My better half left and went to her sisters. While she was away another arguement took place between her daughter and me over the cell phone text messaging back and forth nasty hurtful comments. While she was at her sisters I called her and ended up leaving a message regarding the mortgage company's calling looking to speak with her. My message was not too tasteful but certainly never threatening.
Next thing I know I am being served with an Order for protection. Nowhere within the Petition does she allege I have been physically abusive but the names I called her during the fight were mentally abusive. And the judge signed the thing. I thought a hearing was to be held within 14 days of the order but the clerks office said I would have to request one.???
How can an Order for protection stand on a little name calling from both parties. The fact her brother is a local attiorney may have something to do with the answer to that question. I need a plannned course of action geared to have the Order vacated or set aside.
Any thoughts and guideance is welcome
1 Answer from Attorneys
Guidance here is very simple. Go hire a lawyer. Don;t try to talk to the clerk's office. If there was no 14 day hearing it was not a Protection From Abuse Order. Get an attorney and get one right now.
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