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13A-6-142
Section 13A-6-142 Violation of a domestic violation protection order; penalties. (a) A person
commits the crime of violation of a domestic violence protection order if the person knowingly
commits any act prohibited by a domestic violence protection order or willfully fails to abide
by any term of a domestic violence protection order. (b) A violation of a domestic violence
protection order is a Class A misdemeanor which shall be punishable as provided by law. A
second conviction for violation of a domestic violence protection order, in addition to any
other penalty or fine, shall be punishable by a minimum of 30 days imprisonment which may
not be suspended. A third or subsequent conviction is a Class C felony. (c) In addition to
any other fine or penalty provided by law, the court shall order the defendant to pay an additional
fine of fifty dollars ($50) for a violation of a domestic violence protection order to be
distributed to the Domestic Violence Trust Fund, established by Section...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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30-5-1
Section 30-5-1 Short title; construction; purposes. (a) This chapter shall be known as and
may be cited as the Protection From Abuse Act. (b) This chapter shall be liberally construed
and applied to promote all of the following purposes: (1) To assure victims of domestic violence
the maximum protection from abuse that the law can provide. (2) To create a flexible and speedy
remedy to discourage violence and harassment against family members or others with whom the
perpetrator has continuing contact. (3) To expand the ability of law enforcement officers
to assist victims, to enforce the law effectively in cases of domestic violence, and to prevent
further incidents of abuse. (4) To facilitate equal enforcement of criminal law by deterring
and punishing violence against family members and others who are personally involved with
the perpetrators. (5) To recognize that domestic violence is a crime that will not be excused
or tolerated. (6) To provide for protection orders to prevent...
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6-5-155.5
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on
motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction
to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion
within 10 business days of the filing. If it appears by affidavit or otherwise, that there
is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance
by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant
other relief as the court may deem to be appropriate, including those remedies provided by
Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a preliminary
injunction. (c) This section shall not be construed to prohibit the application for or the
granting of a temporary restraining order or other equitable relief provided by...
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6-5-692
Section 6-5-692 Required disclosures by plaintiff. (a) Subject to Section 6-5-693, within 90
days after a plaintiff files an asbestos action, the plaintiff shall do all of the following:
(1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all
of the following: a. The plaintiff's name, address, date of birth, Social Security number,
marital status, occupation, and employers, and if the plaintiff alleges exposure to asbestos
through another person, the identity of the other person, and that person's relationship to
the plaintiff. b. The asbestos-related disease claimed to exist. c. The plaintiff and plaintiff's
counsel have conducted an investigation into all potential sources of the plaintiff's exposure
to asbestos and identified with specificity each and every source of exposure to asbestos
that is available or known to the plaintiff or plaintiff's counsel and any person through
which the plaintiff alleges exposure, including all asbestos-containing...
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6-5-693
Section 6-5-693 Bankruptcy trust information. (a) A plaintiff in an asbestos action need not
comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action,
the plaintiff files all available asbestos trust claims and provides the parties with all
trust claim materials available to the plaintiff or plaintiff's counsel in relation to the
plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with
Section 6-5-692. (b) A plaintiff has a continuing duty to supplement the information and materials
provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust
claim, receives additional information or materials related to an asbestos trust claim, or
files an additional trust claim. (c) Not less than 60 days before trial, if a defendant presents
evidence that the plaintiff has not filed all available asbestos trust claims, as required
under subsection (a), the defendant may move the court for an order...
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6-6-452
Section 6-6-452 Payment of defendant's money into court if garnishee admits possession thereof.
If the garnishee admits the possession of money belonging to the defendant, he must pay the
same or so much thereof as may be necessary to satisfy the plaintiff's demand and costs into
court to await the order of the court; and, if he fails to make such payment, he is liable
as if he had admitted an indebtedness for the amount of such money. (Code 1886, §2979; Code
1896, §2194; Code 1907, §4323; Code 1923, §8074; Code 1940, T. 7, §1018.)...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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