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A restraining order in Alabama is filed in Circuit Court. The attorney filing the paperwork will submit a motion detailing the circumstances of the need for a restraining order. The attorney may also file a motion for an ex parte restraining order, meaning that only one party has offered evidence of this need and that the restraining order is temporary until the hearing date. The judge will decide if the parties have established legal rights. At the hearing, both parties will have the opportunity to offer evidence that may tend to prove their side.
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