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13A-6-142
Section 13A-6-142 Violation of a domestic violation protection order; penalties. (a) A person
commits the crime of violation of a domestic violence protection order if the person knowingly
commits any act prohibited by a domestic violence protection order or willfully fails to abide
by any term of a domestic violence protection order. (b) A violation of a domestic violence
protection order is a Class A misdemeanor which shall be punishable as provided by law. A
second conviction for violation of a domestic violence protection order, in addition to any
other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may
not be suspended. A third or subsequent conviction is a Class C felony. (c) In addition to
any other fine or penalty provided by law, the court shall order the defendant to pay an additional
fine of fifty dollars ($50) for a violation of a domestic violence protection order to be
distributed to the Domestic Violence Trust Fund, established by Section...
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13A-6-134
Section 13A-6-134 Arrest without warrant - Determination of predominant aggressor; notice requirements;
liability of officer. (a) If a law enforcement officer receives complaints of domestic violence
from two or more opposing persons, or if both parties have injuries, the officer shall evaluate
each complaint separately to determine who was the predominant aggressor. If the officer determines
that one person was the predominant physical aggressor, that person may be arrested; however,
a person who acts in a reasonable manner to protect himself or herself or another family or
household member from domestic violence may not be arrested for a violation of Section 13A-6-130,
13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor,
the officer shall consider all of the following: (1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on each person, including whether the
injuries are offensive versus defensive...
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30-3-167
Section 30-3-167 Disclosure exceptions. (a) In order to protect the identifying information
of persons at risk from the effects of domestic violence or abuse, on a finding by the court
that the health, safety, or liberty of a person or a child would be unreasonably put at risk
by the disclosure of the identifying information required by Section 30-3-163 or Section 30-3-164
in conjunction with a proposed change of principal residence of a child or change of principal
residence of a person having custody of or rights of visitation with a child, the court may
order any or all of the following: (1) The specific residence address and telephone number
of a child or the person having custody of or rights of visitation with a child and other
identifying information shall not be disclosed in the pleadings, other documents filed in
the proceeding, or in any order issued by the court, except for in camera disclosures. (2)
The notice requirements provided by this article may be waived to the...
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13A-6-143
Section 13A-6-143 Arrest for violation of article. A law enforcement officer may arrest any
person for the violation of this article if the officer has probable cause to believe that
the person has violated any provision of a valid domestic violence protection order, whether
temporary or permanent. The presentation of a domestic violence protection order constitutes
probable cause for an officer to believe that a valid order exists. For purposes of this article,
the domestic violence 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 domestic violence protection order is not required for enforcement
or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence
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...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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30-6-8
Section 30-6-8 Disclosure of information. Information identifying individuals or facilities
received by the office, the circuit, any district attorney or his or her employees, the director,
or by authorized persons employed by or volunteering services to a domestic violence center,
through files, reports, inspection, or otherwise, is confidential and exempt from Section
36-12-40. Information about the location of domestic violence centers and facilities is confidential
and exempt from Section 36-12-40. Oral communications between a domestic violence victim and
an advocate and written reports and records concerning the victim may not be disclosed without
the written consent of the victim. This privilege does not relieve a person from any duty
imposed pursuant to Section 26-14-1 or Section 38-9-2. However, when cooperating with the
Department of Human Resources, the staff and volunteers of a domestic violence center shall
protect the confidentiality of other clients at the center. A...
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30-3-132
Section 30-3-132 Factors court must consider. (a) In addition to other factors that a court
is required to consider in a proceeding in which the custody of a child or visitation by a
parent is at issue and in which the court has made a finding of domestic or family violence
the court shall consider each of the following: (1) The safety and well-being of the child
and of the parent who is the victim of family or domestic violence. (2) The perpetrator's
history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical
harm, bodily injury, or assault, to another person. (b) If a parent is absent or relocates
because of an act of domestic or family violence by the other parent, the absence or relocation
may not be a factor that weighs against the parent in determining the custody or visitation.
(Acts 1995, No. 95-629, p. 1332, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-132.htm - 1K - Match Info - Similar pages
30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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30-3C-7
Section 30-3C-7 Factors to determine risk of abduction. (a) In determining whether there is
a credible risk of abduction of a child, the court shall consider any evidence that the petitioner
or respondent: (1) has previously abducted or attempted to abduct a child; (2) has threatened
to abduct a child; (3) has recently engaged in activities that may indicate a planned abduction,
including: (A) abandoning employment; (B) preparing to move from, abandoning, or selling a
primary residence; (C) terminating a lease; (D) closing bank or other financial management
accounts, liquidating assets, hiding or destroying financial documents, or conducting any
unusual financial activities; (E) applying for a passport or visa or obtaining travel documents
for the respondent, a family member, or the child; or (F) seeking to obtain the child's birth
certificate or school or medical records; (4) has engaged in domestic violence, stalking,
or child abuse or neglect; (5) has refused to follow a...
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13A-13-8
Section 13A-13-8 Failure to report missing child. (a) This section shall be known and may be
cited as Caylee's Law. (b) For purposes of this section, the following terms shall have the
meanings respectively ascribed to them by this section: (1) ABDUCTION. The removal or retention
of a child without the consent of the child's custodian. (2) CHILD. A person who is less than
18 years of age. (3) CUSTODIAN. A child's father or mother, whether biological or adoptive,
a child's legally appointed guardian, or the spouse of a child's father, mother, or legally
appointed guardian. In the case where only one parent has legal custody, the term means the
parent with legal custody or his or her spouse. (4) GUARDIAN. A guardian as defined in Section
26-2A-20. (5) LOST CHILD. A child who is unable to find his or her way back to his or her
custodian. (6) RUNAWAY CHILD. A child who voluntarily absents himself or herself from the
control of his or her custodian with intent to remain away indefinitely....
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