30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard within 72 hours after the warrant is executed unless impossible. In that event, the court shall hold the hearing on the next judicial day. The application for the warrant must include the statements required by Section 30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts upon which a conclusion of imminent serious physical harm or...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed under this chapter, before a hearing on the matter, the court may enter an ex parte order for emergency measures to prevent abduction, including an ex parte warrant to take physical custody of the child, or an order for any other emergency relief as necessary to prevent abduction of a child, including imposing travel restrictions with the child, on the petitioner or the respondent or on both the petitioner and the respondent. (b) An ex parte order for relief under this chapter shall include: (1) the basis for the court's exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding, including a finding by the court of compliance with Rule 65 of the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's custody and visitation rights and residential arrangements for the child...
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38-10-7
Section 38-10-7 Institution of actions for enforcement of child support obligations, etc. (a) Whenever anyone owing the obligation of support has failed to provide support, and application is made to the department for support services as may be provided pursuant to the requirements of Title IV-D or for aid, the department, and including the district attorney when providing services for the department, may take appropriate action under this article, or any other appropriate state and federal statutes, to assure that the responsible person or persons owing the obligation of support provide support, including, but not limited to, civil or criminal actions to determine parentage or to establish, modify, or enforce support obligations. All actions to determine parentage or to establish, modify, or enforce support obligations may be brought in either the juvenile court or district court or the circuit court or appropriate federal court, and all presently existing statutes are hereby amended...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires, have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number, and the word "shall" is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age, a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117, or a person under 21 years of age in foster care as defined by the Department of Human Resources. (2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more than 10 children are received and maintained for the purpose of providing them with care or training or both, or transitional living program services, but does not include: a. Any institution for child care which is under the ownership or control,...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the municipality as a condition precedent to participating in a pretrial diversion program. (2) CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER. As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY. A municipality in Geneva County that has a municipal court, city attorney, and police department. (6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff personnel, district attorney investigator, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any...
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13A-5-2
Section 13A-5-2 Authorized dispositions. (a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10. (b) In addition to imprisonment, every person convicted of a felony may be sentenced by the court to pay a fine authorized by Section 13A-5-11. (c) Every person convicted of a misdemeanor or violation shall be sentenced by the court to: (1) Imprisonment for a term authorized by Section 13A-5-7; or (2) Pay a fine authorized by Section 13A-5-12; or (3) Both such imprisonment and fine. (d) Every person convicted of a felony, misdemeanor, or violation, except for the commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed on probation as authorized by law. (e) This article does not deprive a court of authority conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license or permit, remove a person from office, cite for contempt, or...
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45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b)...
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45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or wellbeing of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b) A...
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45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b)...
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