38-9F-9
Section 38-9F-9 Parties to be issued copies of elder abuse protection order; form of orders.
(a) A copy of an elder abuse protection order shall be issued to the plaintiff, the defendant,
and the law enforcement officials with jurisdiction to enforce the protection order. (b) If
the defendant is appointed as the plaintiff's guardian or conservator, a copy of any protection
order shall be issued to the court that made the appointment. (c) Ex parte and final elder
abuse protection orders shall be in a format as provided by the Administrative Office of Courts.
If a court wishes to provide additional information in these standardized court orders, the
court may attach additional pages containing this additional information. (Act 2017-284, §9.)...

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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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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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38-9F-3
Section 38-9F-3 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE.
The commission of any of the following acts or the intent to commit any of the following acts
against an elderly person: a. Abuse, as defined in Section 38-9-2. b. Arson, as defined in
Sections 13A-7-40 to 13A-7-43, inclusive. c. Assault, as defined in Sections 13A-6-20 to 13A-6-22,
inclusive. d. Criminal coercion, as defined in Section 13A-6-25. e. Criminal trespass as defined
in Sections 13A-7-2 to 13A-7-4.1, inclusive. f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171. h. Harassment, as
defined in Section 13A-11-8. i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23. k. Reckless endangerment, as defined in Section
13A-6-24. l. Sexual abuse, as defined as any of the acts in...
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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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38-9F-5
Section 38-9F-5 Relief; remedies; full faith and credit. (a) The plaintiff's right to relief
under this chapter shall not be affected by his or her leaving the residence or household
to avoid further abuse. (b) The remedies and procedures provided in this chapter are in addition
to and not in lieu of any other judicial protection actions that may be initiated by the victim
in any other forum. (c) Any elder abuse protection order issued in this state shall be effective
and enforceable in every county and jurisdiction in this state. (d) An order issued by a court
of another state, tribal nation, or territory that provides the relief or protection similar
to an elder abuse protection order under this chapter shall be accorded full faith and credit
and enforced as if it were an order of this state. (Act 2017-284, §5.)...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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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-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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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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