|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-141.htm - 1K - Match Info - Similar pages
30-3D-615
Section 30-3D-615 Jurisdiction to modify child-support order of foreign country. (a) Except
as otherwise provided in Section 30-3D-711, if a foreign country lacks or refuses to exercise
jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state
may assume jurisdiction to modify the child-support order and bind all individuals subject
to the personal jurisdiction of the tribunal whether the consent to modification of a child-support
order otherwise required of the individual pursuant to Section 30-3D-611 has been given or
whether the individual seeking modification is a resident of this state or of the foreign
country. (b) An order issued by a tribunal of this state modifying a foreign child-support
order pursuant to this section is the controlling order. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-615.htm - 1K - Match Info - Similar pages
30-3D-711
Section 30-3D-711 Modification of Convention child-support order. (a) A tribunal of this state
may not modify a Convention child-support order if the obligee remains a resident of the foreign
country where the support order was issued unless: (1) the obligee submits to the jurisdiction
of a tribunal of this state, either expressly or by defending on the merits of the case without
objecting to the jurisdiction at the first available opportunity; or (2) the foreign tribunal
lacks or refuses to exercise jurisdiction to modify its support order or issue a new support
order. (b) If a tribunal of this state does not modify a Convention child-support order because
the order is not recognized in this state, Section 30-3D-708(c) applies. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-711.htm - 1K - Match Info - Similar pages
30-3D-319
Section 30-3D-319 Receipt and disbursement of payments. (a) A support enforcement agency or
tribunal of this state shall disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal shall furnish to a requesting party
or tribunal of another state or a foreign country a certified statement by the custodian of
the record of the amounts and dates of all payments received. (b) If neither the obligor,
nor the obligee who is an individual, nor the child resides in this state, upon request from
the support enforcement agency of this state or another state, the support enforcement agency
or a tribunal of this state shall: (1) direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving services; and (2) issue
and send to the obligor's employer a conforming income-withholding order or an administrative
notice of change of payee, reflecting the redirected payments. (c) The support...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-319.htm - 1K - Match Info - Similar pages
38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse protection
order or a petition to modify an elder abuse protection order that elder abuse has occurred
or a modification is warranted, the court may do either of the following: (1) Without notice
or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte
elder abuse protection order as it deems necessary. (2) After providing notice as required
by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an
elder abuse protection order after a hearing whether or not the defendant appears. (b) Based
upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of
the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against
the plaintiff and any other individual designated by the court. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-8.htm - 4K - Match Info - Similar pages
30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-191.htm - 5K - Match Info - Similar pages
30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition under
this article must be verified. Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-308.htm - 3K - Match Info - Similar pages
30-5-3
Section 30-5-3 Jurisdiction; request for protection order; venue; other actions; residency.
(a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders.
(b) A protection order may be requested in any pending civil or domestic relations action,
as an independent civil action, or in conjunction with the preliminary, final, or post-judgment
relief in a civil action. (c) A petition for a protection order may be filed in any of the
following locations: (1) Where the plaintiff or defendant resides. (2) Where the plaintiff
is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred. (4) Where a civil matter is pending before the court in which
the plaintiff and the defendant are opposing parties. (d) When custody, visitation, or support,
or a combination of them, of a child or children has been established in a previous court
order in this state, or an action containing any of the issues above is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-3.htm - 2K - Match Info - Similar pages
30-3D-305
Section 30-3D-305 Duties and powers of responding tribunal. (a) When a responding tribunal
of this state receives a petition or comparable pleading from an initiating tribunal or directly
pursuant to Section 30-3D-301(b), it shall cause the petition or pleading to be filed and
notify the petitioner where and when it was filed. (b) A responding tribunal of this state,
to the extent not prohibited by other law, may do one or more of the following: (1) establish
or enforce a support order, modify a child-support order, determine the controlling child-support
order, or determine parentage of a child; (2) order an obligor to comply with a support order,
specifying the amount and the manner of compliance; (3) order income withholding; (4) determine
the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil
or criminal contempt, or both; (6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-305.htm - 2K - Match Info - Similar pages
30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency of
this state, upon request, shall provide services to a petitioner in a proceeding under this
chapter. (b) A support enforcement agency of this state that is providing services to the
petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this state,
another state, or a foreign country to obtain jurisdiction over the respondent; (2) request
an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-307.htm - 2K - Match Info - Similar pages
|