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12-26-7
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing.
(a) A petition to obtain an order of limited relief shall include a sworn statement made under
penalty of perjury by the petitioner stating all of the following: (1) That the petitioner
is not subject to the limitations in Section 12-26-6 and is eligible to seek an order
of limited relief. (2) Whether the petitioner has previously applied for an order of limited
relief in any jurisdiction and whether an order has been granted previously. (3) A list specifying
the convictions and collateral consequences to which the order should apply. (b) Once a petition
has been filed, the circuit clerk shall serve the petition on the occupational licensing board,
as defined in Section 41-9A-1, or other entity responsible for the collateral consequence
that the petitioner is seeking relief from. Once service is made, the court shall review available
presentence and other reports on the defendant and may order a...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall
rule on the merits of the petition in accordance with subsection (d) within 90 calendar days
of the date the petition was filed. The court, for good cause, may extend the time within
which it must rule on the petition by order entered prior to the expiration of the initial
90-day period. (b) If the court determines that a hearing is not necessary, the court may
rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner
prescribed by the trial judge and may include oral argument and review of relevant documentation
in support of, or in objection to, the granting of the petition. Leave of the court shall
be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling
on the petition, the court may consider the following factors, in addition to the information
contained in the postsentence report: (1) The nature and seriousness of the offense....
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements.
(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28
may file a petition requesting the sentencing juvenile court to enter an order relieving the
juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile
sex offender is released from the custody of the Department of Youth Services or sentenced,
if the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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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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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable
cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.
(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State
Department of Human Resources may petition for relief on behalf of the following: a. A minor
child. b. Any person prevented by physical or mental incapacity from seeking a protection
order. (b) Standardized petitions for actions pursuant to this chapter shall be made available
through the circuit clerks' offices around the state. The circuit clerk shall not provide
assistance to persons in completing the forms or in presenting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-5.htm - 4K - Match Info - Similar pages
15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a)
At disposition, sentencing, upon completion of probation, or upon completion of a term of
registration ordered by the sentencing court, a sex offender may petition the court for relief
from the requirements of this chapter resulting from any of the following offenses, provided
that he or she meets the requirements set forth in subsection (b): (1) Rape in the second
degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy
in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-64.
(3) Sexual abuse in the second degree, as provided by subdivision (2) of subsection (a) of
Section 13A-6-67. (4) Sexual misconduct, as provided by Section 13A-6-65. (5)
Any crime committed in this state or any other jurisdiction which, if had been committed in
this state under the current provisions of law, would constitute an offense listed in subdivisions
(1)...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex
offender may petition at sentencing, or if after sentencing, a sex offender may file a petition
in the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first
degree, as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided
by Section 13A-6-63. (3) Sexual abuse in the first degree, as provided by Section
13A-6-66. (4) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.
(5) Sexual torture, as provided by Section 13A-6-65.1. (6) Any sex offense involving
a child. (7) Any solicitation, attempt, or conspiracy to commit any of the offenses listed
in subdivisions (1)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-25.htm - 6K - Match Info - Similar pages
15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex
offender required to register under this chapter may petition the court for relief from the
residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time
a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating
medical condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed
in the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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