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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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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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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38-9F-9
Section 38-9F-9 Parties to be issued copies of elder abuse protection order; form of
orders. (a) A copy of an elder abuse protection order shall be issued to the plaintiff, the
defendant, and the law enforcement officials with jurisdiction to enforce the protection order.
(b) If the defendant is appointed as the plaintiff's guardian or conservator, a copy of any
protection order shall be issued to the court that made the appointment. (c) Ex parte and
final elder abuse protection orders shall be in a format as provided by the Administrative
Office of Courts. If a court wishes to provide additional information in these standardized
court orders, the court may attach additional pages containing this additional information.
(Act 2017-284, §9.)...
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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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30-5-5
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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38-9F-5
Section 38-9F-5 Relief; remedies; full faith and credit. (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) The remedies and procedures provided in this chapter are in addition
to and not in lieu of any other judicial protection actions that may be initiated by the victim
in any other forum. (c) Any elder abuse protection order issued in this state shall be effective
and enforceable in every county and jurisdiction in this state. (d) An order issued by a court
of another state, tribal nation, or territory that provides the relief or protection similar
to an elder abuse protection order under this chapter shall be accorded full faith and credit
and enforced as if it were an order of this state. (Act 2017-284, §5.)...
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38-9F-7
Section 38-9F-7 Hearing; temporary ex parte protection orders. (a) The court shall hold
a hearing after the filing of a petition under this chapter upon the request of the defendant
or within 10 days of the perfection of service. A final hearing shall be set at which the
standard of proof shall be a preponderance of the evidence. If the defendant has not been
served, a final hearing may be continued to allow for service to be perfected. (b) The court
may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff
from abuse. The court shall grant or deny a petition for a temporary ex parte protection order
filed under this chapter within three business days of the filing of the petition. Any granted
temporary ex parte protection order shall be effective until the final hearing date. (c) If
a final hearing under subsection (a) is continued, the court may make or extend temporary
ex parte protection orders under subsection (b) as it deems reasonably...
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30-5-6
Section 30-5-6 Hearing on petition; temporary orders. (a) The court shall hold a hearing
after the filing of a petition under this chapter upon the request of the defendant or within
10 days of the perfection of service. A final hearing shall be set at which the standard of
proof shall be a preponderance of the evidence. If the defendant has not been served, a final
hearing may be continued to allow for service to be perfected. (b) The court may enter such
temporary ex parte protection orders as it deems necessary to protect the plaintiff or children
from abuse, or the immediate and present danger of abuse to the plaintiff or children, upon
good cause shown. The court shall grant or deny a petition for a temporary ex parte protection
order filed under this chapter within three business days of the filing of the petition. Any
granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court...
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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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