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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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30-5-8
Section 30-5-8 Notice of hearing or other order to be sent to parties; registration
of information; automated process; additional fines. (a)(1) A copy of any notice of hearing
or any protection order under this chapter shall be sent to the plaintiff within 24 hours
of issuance, provided the plaintiff provides the court with current and accurate contact information,
and to the law enforcement officials with jurisdiction over the residence of the plaintiff.
The clerk of the court may furnish a certified copy of the notice of final hearing or protection
order, if any, electronically. (2) A copy of the petition and ex parte protection order, if
issued, under this chapter shall be served upon the defendant as soon as possible pursuant
to Rule 4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and
any other order under this chapter shall be issued to the defendant as soon as possible. (3)
Certain information in these cases shall be entered in the Protection...
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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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30-5-4
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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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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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a)
At disposition, sentencing, upon completion of probation, or upon completion of a term of
registration ordered by the sentencing court, a sex offender may petition the court for relief
from the requirements of this chapter resulting from any of the following offenses, provided
that he or she meets the requirements set forth in subsection (b): (1) Rape in the second
degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy
in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-64.
(3) Sexual abuse in the second degree, as provided by subdivision (2) of subsection (a) of
Section 13A-6-67. (4) Sexual misconduct, as provided by Section 13A-6-65. (5)
Any crime committed in this state or any other jurisdiction which, if had been committed in
this state under the current provisions of law, would constitute an offense listed in subdivisions
(1)...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a)
Any person who: (1) Sells or offers to sell a security in violation of any provision of this
article or of any rule or order imposed under this article or of any condition imposed under
this article, or (2) Sells or offers to sell a security by means of any untrue statement of
a material fact or any omission to state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are made, not misleading, the buyer
not knowing of the untruth or omission, and who does not sustain the burden of proof that
he did not know and in the exercise of reasonable care could not have known of the untruth
or omission, is liable to the person buying the security from him who may bring an action
to recover the consideration paid for the security, together with interest at six percent
per year from the date of payment, court costs and reasonable attorneys' fees,...
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38-9F-11
Section 38-9F-11 Enforcement. A law enforcement officer may arrest any person for a
violation of this chapter if the officer has probable cause to believe that the person has
violated any provision of a valid elder abuse protection order, whether temporary or permanent.
The presentation of an elder abuse protection order constitutes probable cause for an officer
to believe that a valid order exists. For purposes of this chapter, the elder abuse protection
order may be inscribed on a tangible copy or may be stored in an electronic or other medium
if it is retrievable in a detectable form. Presentation of a certified copy of the elder abuse
protection order is not required for enforcement or to allow a law enforcement officer to
effect a warrantless arrest. If an elder abuse protection order is not presented to or otherwise
confirmed by a law enforcement officer, the officer may consider other information in determining
whether there is probable cause to believe that a valid protection...
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12-15-141
Section 12-15-141 Emergency ex parte orders authorized upon showing of verified evidence
of abuse or neglect; evidence required; hearing required within 72 hours of issuance of order.
The juvenile court may enter an ex parte order of protection or restraint on an emergency
basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence
of abuse or neglect injurious to the health or safety of a child subject to a juvenile court
proceeding and the likelihood that the abuse or neglect will continue unless the order is
issued. If an emergency order is issued, a hearing, after notice, shall be held within 72
hours of the written evidence or the next judicial business day thereafter, to either dissolve,
continue, or modify the order. (Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended
and renumbered by Act 2008-277, p. 441, §9.)...
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