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Free Alabama C 2 PDF Template

The Alabama C 2 form is a legal document used to petition for protection from abuse in the state of Alabama. This form is typically filed in the circuit court by individuals seeking protection from domestic violence or abuse. Completing this form accurately is crucial for obtaining the necessary legal protections.

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Outline

The Alabama C-2 form is a crucial document for individuals seeking protection from domestic violence. This form, officially known as the Petition for Protection from Abuse, is filed in the Circuit Court of Alabama. It allows a plaintiff—who may be an adult or a minor seeking protection—to request legal measures against a defendant, who is often a current or former partner or household member. The form requires detailed information about both parties, including their names, addresses, and relationships. It also prompts the plaintiff to outline specific instances of abuse or threats made by the defendant. Importantly, the form emphasizes the need for truthful information, as providing false details can lead to serious legal consequences. Additionally, the C-2 form includes sections for requesting immediate protective orders, custody arrangements for children involved, and other necessary relief to ensure the safety and well-being of the plaintiff and any minors. Understanding this form is essential for those navigating the complexities of domestic violence cases in Alabama.

Documents used along the form

When filing the Alabama C-2 form, there are several other documents that may be necessary to support the petition for protection from abuse. Each of these documents serves a specific purpose in the process of seeking protection and ensuring the safety of the individuals involved.

  • Affidavit of Support: This document provides a sworn statement from the petitioner or a witness detailing the incidents of abuse. It helps establish the credibility of the claims made in the C-2 form.
  • Temporary Restraining Order (TRO): A TRO may be requested alongside the C-2 form to provide immediate protection before a court hearing. This order can prohibit the defendant from contacting or approaching the petitioner.
  • Child Custody Agreement: If there are children involved, this document outlines the custody arrangements. It is essential for determining where the children will live and who will make decisions regarding their welfare.
  • Police Report: If a report has been filed regarding the abuse, including a police report can strengthen the petition. This document serves as official evidence of the incidents that occurred.
  • Proof of Residency: This document verifies the petitioner’s current address. It is often required to establish jurisdiction in the court where the petition is filed.
  • Notice of Hearing: This document informs the defendant of the court date and time for the hearing regarding the protection order. It ensures that the defendant has the opportunity to respond to the allegations.
  • Firearm Bill of Sale: It's crucial to document the sale or transfer of a firearm, ensuring clarity of the transaction and protecting both parties involved. For more information, you can refer to the Bill of Sale for a Gun.
  • Request for Attorney Fees: If the petitioner seeks reimbursement for legal fees, this document outlines the request and the basis for it. It can be included in the final hearing request.

These documents work together with the Alabama C-2 form to create a comprehensive case for protection from abuse. Each plays a crucial role in ensuring the safety and legal rights of the individuals involved. It is important to gather and submit all necessary documents to support the petition effectively.

Steps to Filling Out Alabama C 2

Filling out the Alabama C-2 form is an important step for individuals seeking protection from abuse. This form requires careful attention to detail to ensure that all necessary information is accurately provided. Once completed, the form will be submitted to the appropriate court, where it will initiate the legal process for obtaining protection. Below are the steps to follow when filling out the form.

  1. Begin by entering the Case Number at the top of the form.
  2. In the section labeled IN THE CIRCUIT COURT OF, write the name of the county where you are filing.
  3. Fill in the names of the Plaintiff (the person seeking protection) and the Defendant (the person from whom protection is sought).
  4. Provide the Plaintiff's Date of Birth and the Defendant's Address, including city, state, and zip code.
  5. Complete the Defendant's Date of Birth and Social Security Number.
  6. Check all applicable boxes to indicate your eligibility as a Plaintiff.
  7. Select one section (1, 2, 3, 4, or 5) that best describes your relationship with the Defendant, and fill in any required details.
  8. State the Plaintiff's residence information, including the county and state.
  9. Indicate whether the Plaintiff is involved in any other legal cases with the Defendant and provide details if applicable.
  10. Answer the questions regarding any criminal charges against the Defendant.
  11. Check the box if the Plaintiff left their home due to abuse and provide the current county of residence.
  12. Indicate the Defendant's age and select the type of protection order you are requesting.
  13. Check all applicable boxes to describe the Defendant's actions that caused fear or harm to the Plaintiff.
  14. Explain the abuse that has occurred, starting with the most recent incident. Include dates and details.
  15. Fill in the Legal Information Required section regarding any existing restraining or protection orders.
  16. List the names and ages of any children involved in the situation.
  17. Provide information about any custody orders concerning the children.
  18. Fill out the Residence section, indicating ownership of the Plaintiff's residence.
  19. Check the boxes for any ex parte relief requested, detailing what you are asking the court to do.
  20. Complete the section for additional relief requested for the final hearing.
  21. Sign and date the form in the designated area, ensuring all information is accurate.

Misconceptions

  • Misconception 1: The C-2 form is only for married individuals.
  • This form can be used by anyone seeking protection from domestic violence, including unmarried individuals and those in dating relationships.

  • Misconception 2: Submitting the C-2 form guarantees a protection order.
  • Filing the form does not automatically result in a protection order. A court hearing is required to determine if an order will be granted.

  • Misconception 3: The information provided on the C-2 form is public.
  • Certain personal information, such as addresses and phone numbers, is kept confidential and not available to the public.

  • Misconception 4: Only physical abuse qualifies for protection under the C-2 form.
  • Emotional abuse, threats, and stalking also qualify as grounds for seeking protection.

  • Misconception 5: The defendant will be immediately removed from the home upon filing the form.
  • Immediate removal is not guaranteed. The court will decide on the appropriate actions during the hearing.

  • Misconception 6: A lawyer is required to file the C-2 form.
  • While legal assistance can be beneficial, individuals can file the form without an attorney.

  • Misconception 7: The C-2 form is only for adults.
  • Minors can also use the form if they are married or emancipated, or if a guardian files on their behalf.

Form Sample

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