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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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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision (14)
of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
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12-26-1
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following
meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically
imposed by operation of state law or rule that limits or prohibits an individual convicted
of a crime from obtaining occupational licensing, certification, or other evidence of qualification
necessary to engage in a particular occupation. The term does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court,
or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification
Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an
individual convicted of a crime serves time in the jurisdictional custody of the state, including,
but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER
OF THE LIMITED RELIEF or ORDER. An order concerning...
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15-20A-40
Section 15-20A-40 Public records - Certified copies of adjudication or conviction. (a) It is
the intent of the Legislature that a duplicate of a certified copy of a public record be admissible
and is not dependent on the original custodian of record to gain admissibility. Further, the
Legislature finds that the certification by the clerk of the court and the certification by
the Alabama State Law Enforcement Agency assures reliability and trustworthiness. (b) The
clerk of the court shall forward a certified copy of a sex offender's adjudication or conviction
to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication
or conviction of any of the offenses listed in Section 15-20A-5. (c) Any state, county, or
municipal law enforcement agency, the Attorney General, or a district attorney may request
a duplicate of the sex offender's adjudication or conviction from the Alabama State Law Enforcement
Agency. (d) Upon the request of any of the agencies...
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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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15-27-4
Section 15-27-4 Administrative filing fee; indigency. (a) In addition to any cost of court
or docket fee for filing the petition in circuit court, an administrative filing fee of three
hundred dollars ($300) shall be paid at the time the petition is filed and is a condition
precedent to any ruling of the court pursuant to this chapter. The administrative filing fee
shall not be waived by the court and shall be distributed as follows: (1) Seventy-five dollars
($75) to the State Judicial Administrative Fund. (2) Twenty-five dollars ($25) to the Alabama
Department of Forensic Sciences. (3) Fifty dollars ($50) to the district attorney's office.
(4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over
the matter, for the use and benefit of the circuit court clerk. (5) Fifty dollars ($50) to
the Public Safety Fund. (6) Fifty dollars ($50) to the general fund of the county where the
arresting law enforcement agency is located if the arrest was made by the...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of
a petition alleging that a child is delinquent, dependent, or in need of supervision, or after
the filing of a petition seeking mental commitment of a minor or child pursuant to Article
4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced
child to the county team for recommendation if the petition alleged or evidence reveals to
the juvenile court that the child may be a multiple needs child. If the case involves a child
in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201,
who is at imminent risk of being placed in the legal or physical custody of the Department
of Human Resources, the juvenile court shall refer the case to the county team. This referral
may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing
or prior to disposition to review the findings and...
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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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