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A victim of a felony or misdemeanor involoving physical injury, the threat of physical injury, a sexual offense or any offense involving domestic abuse, has certain rights under the laws of Alabama.
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| DOMESTIC VIOLENCE IS A CRIME |
Family violence is any acttion that results in the abuse, assault, or attempted or threatened assault between family or household members. According to Alabama law this may include a current spouse, parent, child, persons with a child in common, present or former household memebers or persons who have a or had a dating or engagement relationship.
This information is provided for survivors of domestic violence to educate them ontheir rights to see that those rights are enforced. Laws recently passed in Alabama give the survivor stronger protection against abuse. |
| RESTITUTION AND COMPENSATION |
| Many time ciolent crime victims are entitled to retitution or compensation for medical bills, lost wages, etc. For more inforamtion call the District Atorney's Office or Safeplace, Inc. |
| IF YOU ARE THREATENED |
| It is illegal to threaten or intimidate a witness. If this happens contact the Law Enforcement Agency handling the case or the District Attorney's Office. |
| IF YOU KNOW SOMEONE WHO IS BEING ABUSED, TELL THEM: |
- It is not your fault
- I am afraid for you and your children
- It will only get worse
- You do not deserve to be abused
- Safeplace can help, call their crisis line for information
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SERVICES OFFERED BY SAFEPLACE |
24 HOUR TELEPHONE CRISIS LINE
SUPPORTIVE HOUSING
VICTIM ASISTANCE SERVICES
GROUP COUNSELING
BATTERER'S INTERVENTION
PREVENTION PROGRAM
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| Should the police be called? |
Survivors of family violence have been given rights under Alabama law. No one deserves to be physically, emotionally or sexually abused.
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| Will the abuser be arrested? |
The police can arret the person who threatened, abuesd or assaulted a family member if they have "probable cause"or a reason to believe it occurred. The police do not have to make an arrest without a warrant, but will if they have enough evidence of the violent behavior. If the police do not make an arrest, the victim may swear out a warrant for his/her arrest the the muncipal or county magistrate.
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| How does one swear out a warrant? |
If the abuse occurred within the city limits, the victim sould go ot that city;s police department. If it occurred outside of a city, he/she would goto the Sheriff's office. An incident report will be filed and a sworn statement of the abuse must be given before the Magistrate. There must be sufficient evidence before a warrant will be issued. I helps to have proof of • a witness • pictures • torn clothing, etc. Law Enforcement will need information on how to locate the accused. A victim of abuse should ask for a copy of the report for their own records.
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| How long will the abuser be in jail? |
Alabama law requires that a person arrested for domestic violence be denied bail until a hearing before a judge or magistrate. If a hearing is not held within 12 hours, the accused can be admitted tobail. the judge or magistrate can impose conditions on bail, including prohibiting the accused from threatening or communicating with the victim. However, it may be best for the victim to find a safe place to stay before the accused person is released.
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| Can charges be dropped? |
The victim may speak with the prosecutor and tell him/her what they want to happen. The prosecutor will make the final decision on whether or not to ask that the charges be dropped.
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| Will the abuser go to jail? |
If found guilty, this will be up to the judge. It often depends on the severity of the incident and prior arrests for similar crimes.
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| What is a Protection From Abuse Order? |
Protection orders are court orders which restrict the accused from having aby contact with the victim. In Winston County, a Safeplace Victim's Advocate will assist in applying for an order. A survivor of abuse should keep a copy of the order with them at all times.
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Should a victim of abuse make an incident report even though they do not want to press charges? |
| A victim should file a report with law enforcement concerning all abuse. This will provide an official account of violence in the relationship. |
| Where can survivors of domestic violence find legal help when they cannot afford a lawyer? |
| Legal Services Corporation of Alabama can provide court representation. Services are income based. Safeplace can also provide court advocacy and support. |
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| Emergency |
9-1-1 |
| Emergency Housing - Safeplace |
800-550-9215 |
| Legal Assistance - Civil - Legal Services Corp of AL |
800-467-3150 |
| Mental Health Counseling - NW AL Mental Health Center |
205-486-4111 |
| Community Support - Housing, food, utilities |
205-489-1500 |
| Child Care Assistance - DHR |
205-489-1500 |
| District Attorneys Office |
205-489-2235 |
| Winston County Circuit Clerk |
205-489-5533 |
| Safeplace, Inc. |
800-550-9215 |
| Winston County Sheriff |
205-489-2115 |
| Addison Police Department |
256-747-1981 |
| Double Springs Police Department |
205-489-5115 |
| Haleyville Police Department |
205-486-5201 |
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