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27-17A-23
Section 27-17A-23 Civil actions; liability. The commissioner, the Attorney General, or any
person may bring a civil action against a person or company violating this chapter in the
appropriate court of the county in which the alleged violator resides or has his or her or
its principal place of business or in the county wherein the alleged violation occurred. Upon
adverse adjudication, the defendant shall be liable for actual damages caused by the violation.
The court, as provided by common law, may award punitive damages and may provide equitable
relief as it deems proper or necessary, including enjoining the defendant from further violation
of this chapter. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic violence
in the third degree if the person commits the crime of assault in the third degree pursuant
to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless
endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section
13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime
of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications
pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third
degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third
degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree
pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent,
child, step-child, any person with whom the defendant has a child...
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15-25-37
Section 15-25-37 Factors in considering trustworthiness of statement. In determining whether
a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b,
the court shall consider any one, but is not limited to, the following factors: (1) The child's
personal knowledge of the event; (2) The age and maturity of the child; (3) Certainty that
the statement was made, including the credibility of the person testifying about the statement;
(4) Any apparent motive the child may have to falsify or distort the event, including bias,
corruption, or coercion; (5) The timing of the child's statement; (6) Whether more than one
person heard the statement; (7) Whether the child was suffering from pain or distress when
making the statement; (8) The nature and duration of any alleged abuse; (9) Whether the child's
young age makes it unlikely that the child fabricated a statement that represents a graphic,
detailed account beyond the child's knowledge and experience;...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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45-1-82.02
Section 45-1-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the circuit or district court of the Nineteenth
Judicial Circuit may apply to the district attorney for admittance to the pretrial diversion
program. (b) A person charged with any of the following offenses may apply for admission into
the program: (1) A traffic offense. (2) A property offense. (3) An offense wherein the victim
did not receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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45-12-82.02
Section 45-12-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
First Judicial Circuit may apply to the District Attorney of the First Judicial Circuit for
admittance to the pretrial diversion program. (b) A person charged with any of the following
offenses may apply for admission into the program: (1) A traffic offense. (2) A property offense.
(3) An offense wherein the victim did not receive serious physical injury. (4) An offense
in which the victim was not a child under 14 years of age, a law enforcement officer, a school
official, or a correctional officer. (5) A misdemeanor other than one specifically excluded
in this section. (6) A violation classified under this code. (c) The following offenses are
ineligible for consideration for the pretrial diversion program: (1) Trafficking in or distribution
of drugs. (2) Any offense involving the abuse of a child or an...
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45-4-83.02
Section 45-4-83.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Fourth Judicial Circuit may apply to the district attorney for admittance to the pretrial
diversion program. A person charged with any of the following offenses may apply for the program:
(1) A traffic offense, other than driving under the influence. (2) A property offense. (3)
An offense wherein the victim did not receive serious physical injury. (4) An offense in which
the victim was not a child under 14 years of age, a law enforcement officer, a school official,
or a correctional officer. (5) A misdemeanor other than one specifically excluded in this
section. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving the
abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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45-9-82.22
Section 45-9-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Fifth
Judicial Circuit may apply to the District Attorney of the Fifth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for the program: (1) A traffic offense. (2) A property offense. (3) An offense wherein
the victim did not receive serious physical injury. (4) An offense in which the victim was
not a child under 14 years of age, a law enforcement officer, a school official, or a correctional
officer. (5) A misdemeanor other than one specifically excluded in this section. (c) The following
offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking
or distribution of drugs, or both. (2) Any offense involving the abuse of a child or an elderly
person. (3) Any sex offense. (4) Any Class A...
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