Criminal Defense
Criminal charges tied to family matters require a strategic approach.
When criminal charges intersect with family law (domestic violence allegations, child abuse charges, protective order violations), everything becomes more complicated. A conviction doesn't just mean fines or jail time. It can affect your custody case, your reputation, and your future. You need someone who understands both worlds.
What's happening (in plain English)
Domestic Violence Charges in Alabama
Alabama law defines domestic violence as assault, harassment, or other harmful conduct against family or household members. Charges can range from misdemeanors to felonies depending on severity and prior history.
Key Alabama statutes:
- 1st Degree Domestic Violence: Serious physical injury with a deadly weapon or prior convictions (Class B felony)
- 2nd Degree Domestic Violence: Serious injury or strangulation (Class C felony)
- 3rd Degree Domestic Violence: Physical harm or violent threats (Class A misdemeanor)
Even a misdemeanor conviction can affect custody and result in firearm prohibitions under federal law.
Protective Orders (Restraining Orders)
Alabama courts can issue protection from abuse (PFA) orders that:
- Prohibit contact with the alleged victim
- Require you to leave a shared residence
- Limit your contact with your children
- Restrict your ability to possess firearms
Violating a protective order is a separate criminal offense, even if the other person initiates contact. You can face up to a year in jail and a $6,000 fine.
Child Abuse & Neglect Charges
Alabama takes child abuse allegations extremely seriously. Charges can include:
- Physical abuse
- Sexual abuse
- Emotional abuse
- Neglect (failing to provide basic needs)
- Endangering a child's welfare
These charges often trigger DHR investigations and can result in emergency custody removal, dependency proceedings, and in severe cases, termination of parental rights.
How Criminal Charges Affect Family Court
A criminal conviction can impact:
- Custody determinations (courts prioritize child safety)
- Visitation rights (may be supervised or restricted)
- Your credibility in family court proceedings
- Employment and housing opportunities
- Your ability to possess firearms
Common Questions
Q: Can I fight domestic violence charges if they're false?
Absolutely. Many domestic violence allegations arise during custody disputes. We build defenses based on evidence, witness testimony, and inconsistencies in the accuser's story.
Q: What if my ex is trying to get me to violate a protective order?
Do not respond, even if they initiate contact. Courts rarely believe "they contacted me first." Document everything and notify your attorney immediately.
Q: Will I go to jail?
It depends on the charges, your criminal history, and the evidence. Many cases can be resolved through plea agreements, pretrial diversion, or dismissal with proper defense.
Common mistakes to avoid
What courts and agencies look for
Your clear next steps
Exercise your right to remain silent
Don't talk to police, the alleged victim, or anyone else about what happened without consulting a lawyer first.
Follow all court orders exactly
Even if a protective order seems unfair, violating it creates new charges and damages your credibility.
Preserve evidence
Text messages, emails, photos, witnesses — anything that supports your side of the story should be preserved.
Get a lawyer who understands both criminal and family law
Your defense strategy needs to account for how the criminal case will impact your custody situation.
Ready to take the next step?
You don't have to figure this out alone. Let's talk about your situation and create a plan that protects what matters most.