|
30-3-132
Section 30-3-132 Factors court must consider. (a) In addition to other factors that a court
is required to consider in a proceeding in which the custody of a child or visitation by a
parent is at issue and in which the court has made a finding of domestic or family violence
the court shall consider each of the following: (1) The safety and well-being of the child
and of the parent who is the victim of family or domestic violence. (2) The perpetrator's
history of causing physical harm, bodily injury, assault, or causing reasonable fear
of physical harm, bodily injury, or assault, to another person. (b) If a parent is
absent or relocates because of an act of domestic or family violence by the other parent,
the absence or relocation may not be a factor that weighs against the parent in determining
the custody or visitation. (Acts 1995, No. 95-629, p. 1332, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-132.htm - 1K - Match Info - Similar pages
30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon final
judgment permitting the change of principal residence of a child, a court may consider a proposed
change of principal residence of a child as a factor to support a change of custody of the
child. In determining whether a proposed or actual change of principal residence of a minor
child should cause a change in custody of that child, a court shall take into account all
factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-169.3.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-135.htm - 2K - Match Info - Similar pages
30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
13A-6-134
or herself or another family or household member from domestic violence may not be arrested
for a violation of Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138. In determining whether
a person is the predominant aggressor, the officer shall consider all of the following: (1)
Prior complaints of domestic violence. (2) The relative severity of the injuries inflicted
on each person, including whether the injuries are offensive versus defensive in nature. (3)
The likelihood of future injury to each person. (4) Whether the person had reasonable
cause to believe he or she was in imminent danger of becoming a victim of any act of domestic
violence. (5) Whether one of the persons acted in self-defense. (b) A law enforcement officer
shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage
the request for intervention by law enforcement by any party or base the decision to arrest
or not to arrest on either of the following: (1) The specific...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-134.htm - 3K - Match Info - Similar pages
15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-23-60.htm - 4K - Match Info - Similar pages
30-3C-7
Section 30-3C-7 Factors to determine risk of abduction. (a) In determining whether there is
a credible risk of abduction of a child, the court shall consider any evidence that the petitioner
or respondent: (1) has previously abducted or attempted to abduct a child; (2) has threatened
to abduct a child; (3) has recently engaged in activities that may indicate a planned abduction,
including: (A) abandoning employment; (B) preparing to move from, abandoning, or selling a
primary residence; (C) terminating a lease; (D) closing bank or other financial management
accounts, liquidating assets, hiding or destroying financial documents, or conducting any
unusual financial activities; (E) applying for a passport or visa or obtaining travel documents
for the respondent, a family member, or the child; or (F) seeking to obtain the child's birth
certificate or school or medical records; (4) has engaged in domestic violence, stalking,
or child abuse or neglect; (5) has refused to follow a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-7.htm - 4K - Match Info - Similar pages
15-20A-34
successfully completed a treatment program approved by the Department of Youth Services. (3)
Recommendations from the prosecuting attorney. (4) Any written or oral testimony submitted
by the victim or the parent, custodian, or guardian of the victim. (5) The facts and circumstances
surrounding the offense including, but not limited to, the age and number of victims, whether
the act was premeditated, and whether the offense involved the use of a weapon, violence,
or infliction of serious bodily injury. (6) Any criminal behavior of the juvenile sex
offender before and after the adjudication of delinquency that requires reporting. (7) The
stability of the juvenile sex offender in employment and housing and his or her community
and personal support system. (8) The protection of society. (9) Any other factors deemed
relevant by the court. (h) If the court is satisfied by clear and convincing evidence that
the juvenile sex offender is rehabilitated and does not pose a threat to the safety...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-34.htm - 6K - Match Info - Similar pages
30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-5.htm - 4K - Match Info - Similar pages
27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct
which constitutes the crime of rape. b. Intentionally following another person, including
a minor child, without proper authority, under circumstances that place the person in reasonable
fear of bodily injury or physical harm. c. Subjecting another person, including a minor
child, to false imprisonment or kidnapping. d. Attempting to cause or intentionally, knowingly,
or recklessly causing damage to property to intimidate or attempt to control the behavior
of another person, including a minor child. e. Assault, child abuse, criminal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-55-2.htm - 5K - Match Info - Similar pages
|