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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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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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27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct which constitutes
the crime of rape. b. Intentionally following another person, including a minor child, without
proper authority, under circumstances that place the person in reasonable fear of bodily injury
or physical harm. c. Subjecting another person, including a minor child, to false imprisonment
or kidnapping. d. Attempting to cause or intentionally, knowingly, or recklessly causing damage
to property to intimidate or attempt to control the behavior of another person, including
a minor child. e. Assault, child abuse, criminal...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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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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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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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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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 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 proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes any
of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61.
(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated
delinquent of a violation of rape in the second degree is presumed to be exempt from this
chapter after the juvenile has been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court makes a determination that the
juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as
provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree
is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers
of the conduct for which he or she was adjudicated delinquent unless...
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