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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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...
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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-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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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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5-17-8
Section 5-17-8 Reports to Administrator of Alabama Credit Union Administration; powers of administrator. (a) Credit unions shall report to the Administrator of the Alabama Credit Union Administration at least annually on or before January 31 in such manner and form as required by the administrator for that purpose. Additional reports may be required. Credit unions shall be examined at least every 18 months by employees of the administration or by other persons designated by the administrator. For failure to file reports when due, unless excused for cause by the administrator, the credit union shall pay to the State Treasurer five dollars ($5) for each day of its delinquency. (b) If the administrator determines that the credit union is violating this chapter, or is insolvent, the administrator may suspend operations of the credit union by issuing an order requiring that the credit union cease operations pending a hearing on the revocation of the certificate of approval, or the...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed under this chapter, before a hearing on the matter, the court may enter an ex parte order for emergency measures to prevent abduction, including an ex parte warrant to take physical custody of the child, or an order for any other emergency relief as necessary to prevent abduction of a child, including imposing travel restrictions with the child, on the petitioner or the respondent or on both the petitioner and the respondent. (b) An ex parte order for relief under this chapter shall include: (1) the basis for the court's exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding, including a finding by the court of compliance with Rule 65 of the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's custody and visitation rights and residential arrangements for the child...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under this chapter, the court may set a preliminary hearing as necessary, and shall cause to be issued all summonses and notices as required by law and otherwise deemed necessary and appropriate. Should the court determine from the petition, or on evidence presented at a preliminary hearing, that no emergency or temporary orders are appropriate, then the court shall set the petition for a final hearing at such time as the court deems appropriate and as the best interests of the child require. (b) If, at a hearing on a petition under this chapter, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order. The order must include the provisions required by subsection (c), specifying measures that are reasonably calculated to prevent abduction of the child and giving due consideration to the custody and visitation rights of...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or child. (a) If the juvenile court finds it necessary to temporarily confine or restrain the minor or child, pending final hearing upon a petition for mental commitment of the minor or child in the custody of any person, department, or agency other than his or her parent, legal guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall set the matter for a hearing within seven days to determine if probable cause exists that the minor or child should be committed. At the probable cause hearing, the juvenile court shall determine if it is necessary to continue the restraint or confinement pending the final hearing. (b) Upon a finding of probable cause that the minor or child should be committed, the juvenile court shall enter an order so stating and setting the date, time, and place of the hearing on the merits of the petition. (c) The final hearing shall be held on the...
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