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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30-5-7
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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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)...
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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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15-18-200
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...
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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, §10.)...
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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)...
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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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