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30-6-8
Section 30-6-8 Disclosure of information. Information identifying individuals or facilities
received by the office, the circuit, any district attorney or his or her employees, the director,
or by authorized persons employed by or volunteering services to a domestic violence center,
through files, reports, inspection, or otherwise, is confidential and exempt from Section
36-12-40. Information about the location of domestic violence centers and facilities is confidential
and exempt from Section 36-12-40. Oral communications between a domestic violence victim and
an advocate and written reports and records concerning the victim may not be disclosed without
the written consent of the victim. This privilege does not relieve a person from any duty
imposed pursuant to Section 26-14-1 or Section 38-9-2. However, when cooperating with the
Department of Human Resources, the staff and volunteers of a domestic violence center shall
protect the confidentiality of other clients at the center. A...
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45-45-81.70
Section 45-45-81.70 Establishment; administration; coordination. (a) The presiding circuit
judge of the Twenty-third Judicial Circuit may establish, by means of a written order, a family
court division or divisions of the judicial circuit. The presiding circuit judge shall assign
one or more of the existing circuit or district judges to preside in the family court division.
The circuit or district court judges assigned to the family court division shall handle all
cases and proceedings involving domestic relations, divorces, annulments of marriage, legal
separations, custody and support of children, granting and enforcement of alimony, proceedings
under any uniform interstate support or custody act, and all other domestic and marital matters
over which the circuit courts have jurisdiction, including nonsupport cases arising in the
circuit court under Chapter 3 and Chapter 4, Title 30, as well as other matters within the
jurisdiction of the juvenile court. In the event a district judge...
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15-23-68
Section 15-23-68 Waiting area for victim; court to minimize contact of victim with defendant.
The court shall provide a waiting area for the victim separate from the defendant, relatives
of the defendant, and defense witnesses, if an area is available and the use of the area is
practical. If a separate waiting area is not available, or its use impractical, the court
shall minimize contact of the victim with the defendant, relatives of the defendant, and defense
witnesses during court proceedings. For victims of domestic violence, if a separate waiting
area is not available, the presiding circuit judge shall create procedures so that the defendant
has no contact with the victim. (Acts 1995, No. 95-583, p. 1234, §9; Act 2015-493, p. 1679,
§2; Act 2019-252, §1.)...
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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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12-15-214
Section 12-15-214 Ordering and preparation of study and written report concerning child; ordering,
conduct, and certification of findings of physical or mental examination of child prior to
hearing on petition generally; examination of parent, legal guardian, or legal custodian after
hearing where ability to care for or supervise child in issue. The juvenile court may direct
that a juvenile probation officer conduct a study and submit a written report to the juvenile
court with recommendations concerning a child, his or her family, his or her environment,
and other matters relevant to the need for treatment or disposition of the case. The recommendations
may indicate that the child needs further mental health evaluation, especially, in some cases,
for the purpose of determining whether the child is competent to stand trial. The recommendations
may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69;...
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13A-6-1
Section 13A-6-1 Definitions. (a) As used in Article 1 and Article 2, the following terms shall
have the meanings ascribed to them by this section: (1) CRIMINAL HOMICIDE. Murder, manslaughter,
or criminally negligent homicide. (2) HOMICIDE. A person commits criminal homicide if he intentionally,
knowingly, recklessly or with criminal negligence causes the death of another person. (3)
PERSON. The term, when referring to the victim of a criminal homicide or assault, means a
human being, including an unborn child in utero at any stage of development, regardless of
viability. (b) Article 1 or Article 2 shall not apply to the death or injury to an unborn
child alleged to be caused by medication or medical care or treatment provided to a pregnant
woman when performed by a physician or other licensed health care provider. Mistake, or unintentional
error on the part of a licensed physician or other licensed health care provider or his or
her employee or agent or any person acting on behalf of...
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30-3B-207
Section 30-3B-207 Inconvenient forum. (a) A court of this state which has jurisdiction under
this chapter to make a child custody determination may decline to exercise its jurisdiction
at any time if it determines that it is an inconvenient forum under the circumstances and
that a court of another state is a more appropriate forum. The issue of inconvenient forum
may be raised upon the motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider
whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including: (1) Whether domestic violence has occurred and is likely to continue in
the future and which state could best protect the parties and the child; (2) The length of
time the child has resided outside this state; (3) The distance between...
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13A-8-198
Section 13A-8-198 Order to correct records. (a) Upon a conviction for any crime in violation
of this article or conviction of any other offense which the court finds involved identity
theft, and at the victim's request, the sentencing court shall issue any orders necessary
to correct any public or private record that contains false information as a result of a criminal
violation of this article. Any order shall be under seal and may be released only as prescribed
by this section. The order shall include the following information: (1) Information about
financial accounts affected by the crime, including, but not limited to, the name of the financial
institution, the account number, amount of money involved in the crime, and the date of the
crime. (2) The specific identifying information and identification documents used to commit
the crime. (3) A description of the perpetrator of the crime. (b) The victim may release the
orders as follows: (1) The victim may submit this order in any...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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26-17-624
Section 26-17-624 Temporary order. (a) In a proceeding under this article, upon a motion by
a party the court shall issue a temporary order for support of a child if the order is appropriate
and the individual ordered to pay support is: (1) a presumed father of the child; (2) petitioning
to have his paternity adjudicated; (3) identified as the father through genetic testing under
Section 26-17-505; (4) an alleged father who has declined to submit to genetic testing; (5)
shown by clear and convincing evidence to be the father of the child; or (6) the mother of
the child. (b) A temporary order may include provisions for custody and visitation as provided
by other law of this state. (Act 2008-376, p. 666, §2.)...
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