38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts
shall have jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit
courts. (2) A special circuit court judge appointed pursuant to Section 12-1-14 or
12-1-14.1. (3) A district court judge designated by a written standing order from the presiding
circuit court judge. (b) An elder abuse protection order may be requested in any pending civil
or domestic relations action, as an independent civil action, or in connection with the preliminary,
final, or post-judgment relief in a civil action. (c) A petition for an elder abuse 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. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ABUSE. An act committed against
a victim, which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40
to 13A-7-43, inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22,
inclusive. c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture
or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as
provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the
Alabama Child Abuse Act. e. Criminal Coercion. Criminal coercion as defined under Section
13A-6-25. f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1,
inclusive. g. Harassment. Harassment as defined under Section 13A-11-8. h. Kidnapping.
Kidnapping as defined under Sections 13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...

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38-9F-3
Section 38-9F-3 Definitions. For purposes of this chapter, the following terms shall
have the following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191.
(2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of
the following acts against an elderly person: a. Abuse, as defined in Section 38-9-2.
b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive. c. Assault, as defined in
Sections 13A-6-20 to 13A-6-22, inclusive. d. Criminal coercion, as defined in Section
13A-6-25. e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive. f.
Emotional abuse, as defined in Section 13A-6-191. g. Financial exploitation, as defined
in Sections 13A-6-191 and 8-6-171. h. Harassment, as defined in Section 13A-11-8. i.
Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44. j. Menacing, as defined in Section
13A-6-23. k. Reckless endangerment, as defined in Section 13A-6-24. l. Sexual abuse,
as defined as any of the acts in...
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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)...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry
of judgment; appeals. At the time and place designated in said order, the judge of said circuit
court shall proceed to hear and determine all questions of law and of fact in said civil action,
and he shall make such order, or orders, as to the proceedings in said civil action as will
best preserve and protect the interests of all parties and to enable him to enter a final
judgment with the least possible delay. The final judgment shall find the facts specially
and shall state separately the judge's conclusions with regard to any and all legal issues
raised with regard to any of the provisions of this article and proposed purchase and sale
of distribution facilities and other transactions and restrictions under this article, together
with other matters raised in the complaint, and shall state the judge's conclusions of law
thereon. Any citizen of the state may appear in such proceedings, either...
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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...
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30-5-4
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, litigation,
etc.; previous court orders; issuance of orders. (a) The plaintiff's right to relief under
this chapter shall not be affected by his or her leaving the residence or household to avoid
further abuse. (b) At any hearing in a proceeding to obtain a protection order, each party
has a continuing duty to inform the court of each pending proceeding in this state or any
other state for a protection order, any pending civil litigation in this state or any other
state, each pending proceeding in any family or juvenile court of this state or any other
state, each pending criminal case involving the parties in this state or any other state,
and any existing child custody or support order, including the case name, the file number,
and the county and state of the proceeding, if that information is known to the party. (c)
The remedies and procedures provided in this chapter are in addition to and not in lieu...

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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff
lacks the physical or mental capacity to seek protection for himself or herself, the following
may file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order
appointing the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or
successor agent appointed under the plaintiff's validly executed power of attorney who acts
within the authority of the power of attorney. The petition shall include a copy of the power
of attorney. (5) A health care proxy appointed under the plaintiff's...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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12-19-71
Section 12-19-71 Circuit and district court filing fee - Amount. (a) The filing fees
which shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases
filed on the small claims docket of the district court in which the matter in controversy,
exclusive of interest, costs, and attorney fees, totals one thousand five hundred dollars
($1,500) or less; provided, however, if attorney fees have been allowed by applicable state
law or contract, the amount of these fees shall be added to the amount of the matter in controversy
above in determining the jurisdictional amount. (2) One hundred nine dollars ($109) for cases
filed on the small claims docket of the district court in which the matter in controversy,
exclusive of interest, costs, and attorney fees, exceeds one thousand five hundred dollars
($1,500) but does not exceed three thousand dollars ($3,000); provided, however, if attorney
fees have been allowed by applicable state law or contract, the amount of these...
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