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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-34.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - Match Info - Similar pages
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-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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-24.htm - 8K - Match Info - Similar pages
15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution of a sentence of death, through written motion to the circuit court that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic acid testing on specific evidence, if that evidence was secured in relation to the investigation or prosecution that resulted in the conviction of the applicant, is still available for testing as of the date of the motion, forensic DNA testing was not performed on the case at the time of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate the convicted individual's factual innocence of the offense convicted. The filing of a motion as provided in this subsection shall not automatically stay an execution. (b) Upon receipt of a motion for DNA testing, the circuit court shall...
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34-1A-7
Section 34-1A-7 Licenses - Required. (a) Effective January 1, 1998, it shall be unlawful for any person or business entity to engage in a business regulated by this chapter in this state without a current valid license or in violation of this chapter and applicable rules and regulations of the board. (b) Effective January 1, 1998, it shall be unlawful for a person or business entity not licensed under this chapter to advertise or hold out to the public that he or she is a licensee of the board. (c) Any person or business entity who violates this chapter or any order, rule, or regulation of the board shall be guilty of a Class A misdemeanor, and for each offense for which he or she is convicted shall be punished as provided by law. (d) Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally do any of the following: (1) Obliterate the serial number on an alarm system for the purpose of falsifying service reports. (2) Knowingly and deliberately...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-1A-7.htm - 7K - Match Info - Similar pages
12-26-10
Section 12-26-10 Determination that petition filed under false pretenses, etc.; voiding of order; revocation of order. (a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court's determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court may order a hearing or enter an order revoking the order. (b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited relief. (c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order upon a finding that the petitioner has violated the terms or conditions of probation. (Act 2019-464, ยง10.)...
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38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse protection order or a petition to modify an elder abuse protection order that elder abuse has occurred or a modification is warranted, the court may do either of the following: (1) Without notice or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte elder abuse protection order as it deems necessary. (2) After providing notice as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an elder abuse protection order after a hearing whether or not the defendant appears. (b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of the following ex parte forms of relief without prior notice to the defendant or a hearing: (1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against the plaintiff and any other individual designated by the court. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-8.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-151.htm - 1K - Match Info - Similar pages
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