|
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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-4.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
30-5-7
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-7.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-8.htm - 4K - Match Info - Similar pages
6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any
court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant
has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed,
it shall be the duty of the court in which such civil action is pending to proceed with the
trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment
in accordance with the law and the evidence in the case. The court in which such civil action
is pending shall also have authority, and it shall be its duty, to grant such stay of execution
against such defendant as may be appropriate or as may be provided for in the order of the
bankruptcy court, or to embody in the judgment entered in such case such provision as may
be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit
the manner of enforcement of said judgment, or so as to limit the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-7-30.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-4.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-13.htm - 1K - Match Info - Similar pages
37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-38.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
|