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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...
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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...
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13A-6-136
Section 13A-6-136 Relation to domestic or family abuse laws. For the purposes of Article
6, Chapter 3 of Title 30, the definition of "domestic or family abuse" includes
an incident of domestic violence in the first, second, or third degrees pursuant to this article.
(Act 2000-266, p. 411, ยง7.)...
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13A-6-141
Section 13A-6-141 Definitions. As used in this article, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
DOMESTIC VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection
from abuse order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11,
inclusive. The term includes the following: a. A restraining order, injunctive order, or order
of release from custody which has been issued in a circuit, district, municipal, or juvenile
court in a domestic relations or family violence case; b. An order issued by municipal, district,
or circuit court which places conditions on the pre-trial release on defendants in criminal
cases, including provisions of bail pursuant to Section 15-13-190; c. An order issued
by another state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10.
Restraining or protection orders not issued pursuant to the Protection From...
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30-9-1
Section 30-9-1 Definitions. As used in this chapter the term domestic violence fatality
review team means an organization that includes, but is not limited to, representatives from
the following agencies or organizations: (1) Law enforcement agencies. (2) The Alabama State
Law Enforcement Agency, the Attorney General, and the President of the Alabama District Attorney's
Association, for state level teams or the district attorney of each judicial circuit for local
or regional teams. (3) The Alabama Department of Forensic Sciences. (4) Certified domestic
violence centers. (5) Child protection service providers. (6) The Administrative Office of
Courts. (7) The municipal and circuit clerks of the court. (8) Victim service programs. (9)
Providers of civil legal assistance to victims. (10) Child death review teams. (11) Members
of the business community. (12) County probation or corrections agencies. (13) Any other persons
who have knowledge regarding domestic violence fatalities, nonlethal...
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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc.
(a) For purposes of this section, "mediation" means a process in which a
neutral third party assists the parties to a civil action in reaching their own settlement
but does not have the authority to force the parties to accept a binding decision. (b) Mediation
is mandatory for all parties in the following instances: (1) At any time where all parties
agree. (2) Upon motion by any party. The party asking for mediation shall pay the costs of
mediation, except attorney fees, unless otherwise agreed. (3) In the event no party requests
mediation, the trial court may, on its own motion, order mediation. The trial court may allocate
the costs of mediation, except attorney fees, among the parties. (c) If any party fails to
mediate as required by this section, the court may apply such sanctions as it deems
appropriate pursuant to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall
not order...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has
been convicted in this state or elsewhere of committing or attempting to commit a crime of
violence, misdemeanor offense of domestic violence, violent offense as listed in Section
12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone
of unsound mind shall own a firearm or have one in his or her possession or under his or her
control. (b) No person who is a minor, except under the circumstances provided in this section,
a drug addict, or an habitual drunkard shall own a pistol or have one in his or her possession
or under his or her control. (c) Subject to the exceptions provided by Section 13A-11-74,
no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on
the premises of a public school. (d) Possession of a deadly weapon with the intent to do bodily
harm on the premises of a public school in violation of subsection (c) of this...
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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...
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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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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 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 proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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