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15-16-65
Section 15-16-65 Appointed counsel; payment. Where the defendant does not have an attorney,
the court shall appoint him one for purposes of the hearing. Payment of appointed counsel
for indigent defendants shall be at the same rates and with the same limitations as would
apply if the hearing were a criminal prosecution. (Acts 1988, No. 88-581, p. 906, §6.)...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a
man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine
insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and
transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
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13A-9-115
Section 13A-9-115 Restitution. In addition to any other sentence the court may impose pursuant
to Section 13A-9-114, the court shall order the defendant to make restitution to the victim
as a condition of probation, either within a specified period of time or in specified installments.
The order shall not be enforceable during the period of imprisonment unless the court expressly
finds that the defendant has assets to pay the amounts ordered at the time of sentencing.
Intentional refusal to make restitution pursuant to a court order may be considered as grounds
for revocation of the person's probation or suspension of sentence. (Act 2006-580, p. 1525,
§6.)...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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26-23G-6
Section 26-23G-6 Attorney fees. (a) If judgment is rendered in favor of the plaintiff in an
action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment
for reasonable attorney fees in favor of the plaintiff against the defendant. (b) If judgment
is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section
26-23G-5, and the court finds that the plaintiff's suit was frivolous and brought in bad faith,
the court shall render judgment for reasonable attorney fees in favor of the defendant against
the plaintiff. (c) No attorney fees may be assessed against the woman upon whom an abortion
was performed or attempted to be performed except in accordance with subsection (b). (Act
2016-397, §6.)...
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26-2B-106
Section 26-2B-106 Taking testimony in another state. (a) In a guardianship or protective proceeding,
in addition to other procedures that may be available, testimony of a witness who is located
in another state may be offered by deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which and the terms upon which the
testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this
state may permit a witness located in another state to be deposed or to testify by telephone
or audiovisual or other electronic means. A court of this state shall cooperate with the court
of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological
means that do not produce an original writing may not...
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30-3-135
Section 30-3-135 Visitation by parent who committed violence. (a) A court may award visitation
by a parent who committed domestic or family violence only if the court finds that adequate
provision for the safety of the child and the parent who is a victim of domestic or family
violence can be made. (b) In a visitation order, a court may take any of the following actions:
(1) Order an exchange of the child to occur in a protected setting. (2) Order visitation supervised
in a manner to be determined by the court. (3) Order the perpetrator of domestic or family
violence to attend and complete to the satisfaction of the court, a program of intervention
for perpetrators or other designated counseling as a condition of visitation. (4) Order the
perpetrator of domestic or family violence to abstain from possession or consumption of alcohol
or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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