Have Legal Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
You can't stop him from meeting with members of the church but you can stop him from coming to the church by hiring a lawyer and applying to the court for an injunction.
Essentially an injunction is an order of the court prohibiting someone from committing a specific act.
I live in Mobile, AL . What grounds could we ask the lawyer to file for an injunction on?
The church, through the governing body, should have the right to exclude someone whose conduct is not appropriate.
That would be the grounds.
Our church does not have a Constitution or Bylaws; a committee is working on that now, before a new pastor is called. This particular outside Pastor told the members that they could throw out the leadership and get new leaders and that is what they call themselves doing at a meeting last Sunday.
Is the church a member of another organization like the Southern Baptists, etc.?
Church is a member of National Baptist Convention of USA, Inc.; Alabama Baptist Association and locally Old Landmark Baptist Association. This particular Pastor is the President of the Alabama Baptist Association and locally the Sunlight Distrist Association. He was not asked by the leadership for help in guiding our church but by a few disgruntled members.
The rules of those organizations may provide some grounds for your request as well. However, what you need to do is go and visit a local lawyer who does civil litigation and get them involved so they can evaluate all of the facts and rules.
A court order is the only way to achieve what you want to achieve.
You're very welcome.
Best wishes to you and your church on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).