|
30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-2.htm - 2K - Match Info - Similar pages
30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided in
subsection (e), in a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to
the child's present address or whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the party: (1) Has
participated, as a party or witness or in any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so, identify the court, the case number,
and the date of the child custody determination, if any; (2) Knows of any proceeding that
could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-209.htm - 2K - Match Info - Similar pages
30-5-1
Section 30-5-1 Short title; construction; purposes. (a) This chapter shall be known as and
may be cited as the Protection From Abuse Act. (b) This chapter shall be liberally construed
and applied to promote all of the following purposes: (1) To assure victims of domestic violence
the maximum protection from abuse that the law can provide. (2) To create a flexible and speedy
remedy to discourage violence and harassment against family members or others with whom the
perpetrator has continuing contact. (3) To expand the ability of law enforcement officers
to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent
further incidents of abuse. (4) To facilitate equal enforcement of criminal law by deterring
and punishing violence against family members and others who are personally involved with
the perpetrators. (5) To recognize that domestic violence is a crime that will not be excused
or tolerated. (6) To provide for protection orders to prevent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-1.htm - 1K - Match Info - Similar pages
30-7-6
Section 30-7-6 Perpetrator counseling programs. (a) The director, in consultation with the
Alabama Coalition Against Domestic Violence, Incorporated or other qualified entity, as provided
in subsection (b) of Section 30-7-2, the Alabama Network of Family Resource Centers, and the
Alabama Department of Mental Health, shall establish the content of batterers' intervention
programs in order to direct services to those persons who are adjudged to have committed an
act of domestic violence, as defined in Section 30-5-2, those against whom an injunction for
protection against domestic violence is entered, those referred by the court, and those who
volunteer to attend such programs. (b) The facilitators, supervisors, and trainees of the
program shall be certified to provide these programs through initial certification by the
Department of Economic and Community Affairs, and the programs and personnel shall be annually
recertified by the department to ensure that they meet specified standards....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-7-6.htm - 2K - 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
30-5B-2
Section 30-5B-2 Definitions. As used in this chapter, the following words have the following
meanings: (1) COURT. A circuit or district court authorized by statute to issue or modify
a protective order. (2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal
of another state. (3) ISSUING STATE. The state whose tribunal issues a protection order. (4)
MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor
of both the protected individual seeking enforcement of the order and the respondent. (5)
PROTECTED INDIVIDUAL. An individual protected by a protection order. (6) PROTECTION ORDER.
An injunction or other order, issued by a tribunal under the domestic violence or family violence
laws of the issuing state, to prevent an individual from engaging in violent or threatening
acts against, harassment of, contact or communication with, or physical proximity to, another
individual. (7) RESPONDENT. The individual against whom enforcement of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5B-2.htm - 1K - Match Info - Similar pages
15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested
for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence
in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree,
pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation
of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section
13A-6-138, or a violation of a domestic violence protection order, may not be admitted to
bail until after an appearance before a judge or magistrate within 24 hours of the arrest,
and if the person is not taken before a judge or magistrate within 24 hours of the arrest,
he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules
of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail
on the person to protect the alleged victim of domestic violence or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-190.htm - 4K - Match Info - Similar pages
30-2-57
Section 30-2-57 Rehabilitative or periodic alimony. (a) Upon granting a divorce or legal separation,
the court shall award either rehabilitative or periodic alimony as provided in subsection
(b), if the court expressly finds all of the following: (1) A party lacks a separate estate
or his or her separate estate is insufficient to enable the party to acquire the ability to
preserve, to the extent possible, the economic status quo of the parties as it existed during
the marriage. (2) The other party has the ability to supply those means without undue economic
hardship. (3) The circumstances of the case make it equitable. (b) If a party has met the
requirements of subsection (a), the court shall award alimony in the following priority: (1)
Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall
award rehabilitative alimony to the party for a limited duration, not to exceed five years,
absent extraordinary circumstances, of an amount to enable the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-2-57.htm - 6K - Match Info - Similar pages
15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (a) The state, upon conviction
and prior to sentencing, may petition the sentencing court to enter an order declaring a person
convicted in this state of a sexually violent or predatory offense as a sexually violent predator.
(b) At sentencing, a court may declare a person to be a sexually violent predator. For the
purposes of this section, a person is a sexually violent predator if either of the following
applies: (1) The person is a repeat sexually violent offender. (2) The person commits a sexually
violent offense and is likely to engage in one or more sexually violent offenses in the future.
(c) A person is a repeat sexually violent offender for the purposes of this section if the
person is convicted of more than one sexually violent offense. (d) For the purposes of this
section, a sexually violent offense is any of the following: (1) A sex offense committed by
forcible compulsion, violence, duress, menace, fear of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-19.htm - 4K - Match Info - Similar pages
12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable
efforts are not required to be made. (a) When the juvenile court enters an order removing
a child from his or her home and places the child into foster care or custody of the Department
of Human Resources pursuant to this chapter, the order shall contain specific findings, if
warranted by the evidence, within the following time periods while making child safety the
paramount concern: (1) In the first order of the juvenile court that sanctions the removal,
whether continuation of the residence of the child in the home would be contrary to the welfare
of the child. This order may be the pick-up order that the juvenile court issues on the filing
of a dependency petition. (2) Within 60 days after the child is removed from the home of the
child, whether reasonable efforts have been made to prevent removal of the child or whether
reasonable efforts were not required to be made. (3) Within 12...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-312.htm - 6K - Match Info - Similar pages
|