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11-51-151
Section 11-51-151 Notice and hearings; granting of injunctive relief. Upon the filing
and presentation of a petition as authorized in this division, it shall be the duty of the
court to set a day for the hearing of the action upon not less than 10 nor more than 15 days'
notice thereof to be given the respondents, the notice to be in such form as the court may
direct, and at such hearing, upon reasonable cause, to grant a temporary restraining order
or preliminary injunction restraining the respondents from further operation or conduct of
the business, occupation, trade, or profession, and no bond shall be required of the petitioner
as a condition thereto. The court shall not grant a temporary restraining order or preliminary
injunction unless it has reasonable cause to believe that the respondent owes a debt to the
petitioner for a privilege or business license or excise tax and that the petitioner has complied
with Section 11-51-150. The court shall, upon final hearing, if the proof...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed
under this chapter, the court may set a preliminary hearing as necessary, and shall cause
to be issued all summonses and notices as required by law and otherwise deemed necessary and
appropriate. Should the court determine from the petition, or on evidence presented at a preliminary
hearing, that no emergency or temporary orders are appropriate, then the court shall set the
petition for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals
under this article shall be made as herein provided and in accordance with such general rules
and regulations as the regulatory authority may prescribe. These procedures shall take precedence
over the Alabama Administrative Procedure Act, which shall in no respect apply to proceedings
arising under this article. (1)a. A determination by the regulatory authority as specified
by law shall be made promptly and shall include a statement as to the action to be taken and
reasons therefor. Notice of the determination or decision shall be promptly given to the parties
involved by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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2-21-31
Section 2-21-31 Penalties for violations of chapter or rules and regulations; injunctive
relief; warning notices. (a) Penalties. Any person who shall violate any of the provisions
of this chapter or who fails to perform any duty or requirement imposed by the provisions
of this chapter or who violates any rule or regulation duly promulgated under this chapter
or who shall sell or offer for sale or distribute for sale any commercial feed in violation
of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction,
shall be punished as now prescribed by law for such an offense. Fines paid for such violations
shall be deposited in the State Treasury to the credit of the Agricultural Fund. (b) Injunctive
relief. In addition to the penalty provided hereunder, the commissioner may apply by petition
or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction
and for cause shown to grant a temporary or permanent injunction, or both,...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor,
or warrantor injured by another party's violation of this chapter may bring a civil action
in circuit court to recover actual damages. The court shall award attorney's fees and costs
to the prevailing party in such an action. Venue for any civil action authorized by this section
shall be exclusively in the county in which the dealer's business is located. In an action
involving more than one dealer, venue may be in any county in which any dealer that is party
to the action is located. (b)(1) Prior to bringing suit under this section, the party
bringing suit for an alleged violation shall serve a written demand for mediation upon the
offending party. a. The demand for mediation shall be served upon the other party via certified
mail at the address stated within the manufacturer and dealer agreement between the parties.
b. The demand for mediation shall contain a brief statement of the dispute and the...
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2-15-70
Section 2-15-70 Operation of livestock market without permit, etc.; disposition of fines;
injunctive proceedings to restrain operation of livestock market in violation of provisions
of division. (a) It shall be unlawful for any person to violate any of the provisions and
requirements of this division or to fail or refuse to perform any duty or requirement imposed
by the provisions of this division or to operate a livestock market without having a valid
permit as required under the provisions of this division, and it shall also be unlawful for
any person to operate a livestock market after the permit to so operate has been revoked under
the provisions of this division. Each day's operation of a livestock market without a permit
shall constitute a separate violation. Any person operating a livestock market without a permit
shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00
nor more than $500.00 and, within the discretion of the court, may be...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security;
exception. (a) When the court has granted a temporary restraining order or preliminary injunction,
it shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force
and effect as security for any judgment and court costs the court may enter and tax against
the respondent, but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance
of the appeal, the surety bond provided by this section shall become null and void.
(c) The respondent shall not, however, be required to post the surety bond required in...
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2-12-12
Section 2-12-12 Injunction. In addition to the penalty provided in this article the
Commissioner of Agriculture and Industries may apply by petition to a circuit court, and such
court or the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining any person from violating or continuing
to violate any of the provisions of this article or from failing or refusing to comply with
the provisions of this article or any rules or regulations duly promulgated under the provisions
of this article. Such a temporary restraining order or permanent injunction shall be issued
without bond. (Acts 1955, 2nd Ex. Sess., No. 46, p. 152, ยง14.)...
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30-3-169.2
Section 30-3-169.2 Court order. (a) Where the ends of justice dictate, the court may
grant a temporary order restraining the change of principal residence of a child or ordering
return of a child to the former residence of the child if a change of principal residence
has previously taken place without compliance with this article, and may consider, among other
factors, any of the following: (1) The notice required by this article was not provided in
a timely manner. (2) The notice required by this article was not accurate or did not contain
sufficient information upon which a person receiving the notice could base an objection. (3)
The child already has been relocated without notice, agreement of the parties, or prior court
approval. (4) The likelihood that on final hearing the court will not approve the change of
the principal residence of the child. (b) The court may grant a temporary order permitting
the change of principal residence of a child and providing for a revised schedule...
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