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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-102.htm - 3K - Match Info - Similar pages
30-5-7
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 person designated by the court. (2)a. Restrain and enjoin the
defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would
place the plaintiff, minors, children of the plaintiff, or any other person designated by
the court in reasonable fear of bodily injury or from contacting the plaintiff or children
of the plaintiff. b. For the purposes of this subdivision, contacting includes, but is not
limited to, communicating with the victim verbally or in any written form, either in person,
telephonically, electronically, or in any other manner, either directly or indirectly through
a third person. (3) Restrain and enjoin the defendant from having physical or violent contact
with the plaintiff or the plaintiff's property, or from going within a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - Match Info - Similar pages
34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order, or
other final determination upon any public hearing provided for by this chapter, a party to
such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-31.htm - 2K - Match Info - Similar pages
38-9F-11
Section 38-9F-11 Enforcement. A law enforcement officer may arrest any person for a violation
of this chapter if the officer has probable cause to believe that the person has violated
any provision of a valid elder abuse protection order, whether temporary or permanent. The
presentation of an elder abuse protection order constitutes probable cause for an officer
to believe that a valid order exists. For purposes of this chapter, the elder abuse protection
order may be inscribed on a tangible copy or may be stored in an electronic or other medium
if it is retrievable in a detectable form. Presentation of a certified copy of the elder abuse
protection order is not required for enforcement or to allow a law enforcement officer to
effect a warrantless arrest. If an elder abuse protection order is not presented to or otherwise
confirmed by a law enforcement officer, the officer may consider other information in determining
whether there is probable cause to believe that a valid protection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-11.htm - 2K - Match Info - Similar pages
9-17-7
or order shall have the same validity as if a hearing with respect to the same had been held
after due notice. The emergency rule, regulation or order permitted by this subsection shall
remain in force no longer than 45 days from its effective date and, in any event, it shall
expire when the rule, regulation or order made after due notice and hearing with respect to
the subject matter of such emergency rule, regulation or order becomes effective. (d) Should
the board elect to give notice by personal service, such service may be made by any
officer authorized to serve process or by any agent of the board in the same manner as is
provided by law for the service of summons in civil actions in the circuit courts of this
state. Proof of the service by such agent shall be by the affidavit of the person making personal
service. (e) All rules, regulations and orders made by the board shall be in writing and shall
be entered in full by the secretary of the board in a book to be kept for such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-7.htm - 3K - Match Info - Similar pages
12-15-130
Section 12-15-130 Ordering, conduct, and certification of findings of mental and physical examinations
of children; minors or children believed to be individuals with a mental illness or an intellectual
disability; treatment or care for children; payment; authority to order emergency medical
care for children. (a) Where there are indications that a child may be physically ill, a child
with mental illness or an intellectual disability, or an evaluation of a child is needed to
help determine issues of competency to understand judicial proceedings, mental state at the
time of the offense, or the ability of the child to assist his or her attorney, the juvenile
court, on its own motion or motion by the prosecutor, or that of the child's attorney or guardian
ad litem for the child, may order the child to be examined at a suitable place by a physician,
psychiatrist, psychologist, or other qualified examiner, under the supervision of a physician,
psychiatrist, or psychologist who shall certify...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-130.htm - 3K - Match Info - Similar pages
19-3-34
Section 19-3-34 Objections to claims - Conduct of hearing; order allowing or disallowing claim.
On the day appointed for the hearing, or any day to which the same may be continued, the register
or clerk must proceed to hear and note the testimony for and against the contested claim,
the verified claim or statement thereof being prima facie evidence of its correctness, and
must make an order allowing or disallowing the claim, in whole or in part, according to the
evidence. (Code 1896, §4166; Code 1907, §6068; Code 1923, §10405; Code 1940, T. 58, §22.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-34.htm - 877 bytes - Match Info - Similar pages
22-52-10.3
Section 22-52-10.3 Order for outpatient treatment. (a) At the final hearing on a petition for
commitment seeking the involuntary commitment of a respondent, the probate court may order
that the respondent participate in outpatient treatment provided by a designated mental health
facility. (b) The probate court shall not order outpatient treatment unless the designated
mental health facility has consented to treat the respondent on an outpatient basis under
the terms and conditions set forth by the probate court. (c) If outpatient treatment is ordered,
the order of the probate court may state the specific conditions to be followed and shall
include the general condition that the respondent follow the directives and treatment plan
established by the designated mental health facility. (d) Pursuant to this section, an order
for outpatient treatment shall not exceed 150 days unless the order pertains to a renewal
of an outpatient commitment order up to one year as provided for by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.3.htm - 2K - Match Info - Similar pages
30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-2.htm - 2K - Match Info - Similar pages
41-22-13
Section 41-22-13 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted (except where precluded by statute) if it is of
a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
Agencies shall give effect to the rules of privilege recognized by law. Except as hereinafter
provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever
any evidence is excluded as inadmissible, all such evidence existing in written form shall
remain a part of the record as an offer of proof. The party seeking the admission of oral
testimony may make an offer of proof by means of a brief statement on the record describing
the testimony excluded. All rulings on the admissibility of...
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