What Proof Is Needed for a Restraining Order?
When someone seeks a restraining order (also referred to as a “protective order,” a “protection order,” or a “protection from abuse (PFA) order in Alabama), they must provide some form of proof to support their request. While the legal process may not require the same level of evidence as a criminal case, the court still needs a valid reason to believe that abuse, harassment, or threats have occurred.
So, what kinds of proof can be used to support a protection order? Courts look at a variety of evidence types and evaluate the validity of a plaintiff’s claim on a case-by-case basis.
Types of Evidence Used in Protection Order Hearings
There’s no single type of evidence required for a protection order in Alabama. Instead, courts consider all available information when deciding whether to grant protection. Some of the most common forms of evidence include:
Photos and Videos
Visual evidence can be compelling in court. This might include:
- Photos of injuries, such as bruises or cuts
- Videos showing threats, stalking behavior, or aggressive actions
- Images of damaged property (broken doors, phones, furniture, etc.)
These visuals help establish the seriousness of the situation and may support the person’s claims of domestic violence or abuse.
Police Reports
If law enforcement was called during or after an incident, their reports can be used to support the restraining order. These documents often include details about what officers observed, what statements were made, and whether any arrests were made at the time.
Witness Testimony
Statements from people who have seen or heard incidents of abuse can strengthen a claim for a restraining order.
Witnesses may include:
- Friends or family members
- Neighbors
- Law enforcement officers
- Medical professionals or counselors
Testimony doesn’t have to be dramatic – sometimes, even small observations can help confirm someone’s account of what happened.
Medical Records
If the person seeking the order received medical attention, those records can help show the nature and extent of any injuries. Hospital or doctor reports that document bruises, broken bones, or psychological trauma may be used to support the case.
Digital and Electronic Evidence
Digital communication is often used as evidence in restraining order cases. This includes:
- Threatening or harassing text messages
- Emails that suggest controlling or abusive behavior
- Social media posts or messages that show a pattern of intimidation or stalking
Even deleted messages may be recoverable or captured through screenshots, and these can help paint a clear picture of ongoing abuse or fear.
Physical Evidence
In many cases, the aftermath of an incident can be just as telling as the event itself. Examples include:
- Broken cell phones, windows, or furniture
- Torn clothing
- Holes in walls or doors
- Other damaged items that support a claim of violence or destruction
These items can help show the level of aggression or threat involved and give credibility to the victim’s account.
Behavioral or Emotional Evidence
Sometimes, a person may not have physical injuries or written messages but still shows signs of trauma. Testimony about fear, anxiety, or noticeable changes in behavior can help support their protective order request. Courts may also consider whether the accused has shown patterns of controlling, threatening, or erratic behavior.
A Prior History of Threats or Violence
If there’s a history of documented threats or violence in the past, a judge may consider this as a pattern of behavior. Prior restraining orders, old police reports, and even arrest records can come into play. Repeated episodes of domestic violence or abuse could increase the chances of a new protective order being granted.
Contact a Birmingham Criminal Defense Lawyer At Jaffe, Hanle, Whisonant & Knight, P.C. Today
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800