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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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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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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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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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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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...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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