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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6-5-155.6
Section 6-5-155.6 Issuance of ex parte restraining order; service; inventory of property relating
to nuisance; violation of order; contempt of court. (a) The court, upon the application of
the plaintiff, may issue an ex parte restraining order, restraining the defendant and all
other persons from removing, or in any manner interfering with, the personal property and
contents of the place where the drug-related nuisance is alleged to exist, until a decision
of the court granting or refusing to grant a temporary injunction, or until further order
of the court. (b) The restraining order may be served by handing it to and leaving a copy
of the order with any person appearing to reside therein, or by posting a copy thereof in
a conspicuous place at or upon one or more of the principal doors or entrances to the place,
or by both delivery and posting. (c) The officer serving a restraining order shall forthwith
attempt to make and return to the court an inventory of the personal property and...
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30-5B-3
Section 30-5B-3 Judicial enforcement of order. (a) A person authorized by the law of this state
to seek enforcement of a protection order may seek enforcement of a valid foreign protection
order in a court of this state. The court shall enforce the terms of the order, including
terms that provide relief that a court of this state would lack power to provide but for this
section. The court shall enforce the order, whether the order was obtained by independent
action or in another proceeding, if it is an order issued in response to a complaint, petition,
or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce
a foreign protection order, the court shall follow the procedures of this state for the enforcement
of protection orders. (b) A court of this state may not enforce a foreign protection order
issued by a tribunal of a state that does not recognize the standing of a protected individual
to seek enforcement of the order. (c) A court of this state...
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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt
for violation of restraining order. (a) Where such application for a preliminary injunction
has been made, the court or judge thereof may, on the application of the plaintiff, issue
an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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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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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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18-1A-95
Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses to defendant.
(a) If the probate court determines that a preliminary objection is meritorious, the court
shall make an appropriate order including: (1) Dismissal of the action, in whole or in part,
if the plaintiff is not authorized to take the property, or some part thereof, or the acts
or omissions constituting the basis for the objection will necessarily inflict irreparable
injury upon the defendant; (2) Conditional dismissal, in whole or in part, unless, within
a specified period, the plaintiff takes corrective or remedial action prescribed in the order,
including, if appropriate, the adoption of a new or amended condemnation authorization; or
(3) Any other disposition required by the circumstances. (b) In addition to other requirements
of an order sustaining a preliminary objection or determining that the failure or omission
constituting the basis of the objection was reasonably excusable, the...
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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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