I left my abusive relationship over 3 weeks ago. The reason for leaving was due to his verbal abuse, his alcoholism, and the simple fact he threatened to kill me and my cats.
His legally separated ex-wife contacted me and told me I needed to get a restraining order against him due to the very fact she had to. She had to get a restraining order, issued for 2 years, due to him stalking her and even threatening to kill her as well as her kids. She had messages, voicemails, and even an eye/ear witness to back her up when she filed for the restraining order.
Even though I have NO EVIDENCE, would I be able to get one? I also live in Alabama, if that matters at all. Because I know different states have different rules. Also, the restraining order from his ex-wife was issued in Alabama as well.
In Alabama, you can apply for a Protection from Abuse (PFA) order, which is a type of restraining order. While having evidence can strengthen your case, you can still file for a PFA even if you don’t have physical evidence. The court will consider your testimony and any other relevant information you can provide.
Obtaining a restraining order without evidence is challenging. Courts require some proof of threats, harassment, or violence to grant it. However, you can still file and present your concerns; the court will assess the situation.
Your testimony constitutes evidence. Explaining what transpired in court and what he said to you constitutes evidence. If he has made verbal threats of physical violence against you and your pets, you have a good case for an order of protection, at least temporarily. If the case proceeds to that point, the court will make a credibility determination.
To get a restraining order, you usually need to provide evidence of harm, abuse, or harassment. Your own testimony is often enough. If the court asks for more, witness statements can help.