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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
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13A-6-134
Section 13A-6-134 Arrest without warrant - Determination of predominant aggressor; notice requirements;
liability of officer. (a) If a law enforcement officer receives complaints of domestic violence
from two or more opposing persons, or if both parties have injuries, the officer shall evaluate
each complaint separately to determine who was the predominant aggressor. If the officer determines
that one person was the predominant physical aggressor, that person may be arrested; however,
a person who acts in a reasonable manner to protect himself or herself or another family or
household member from domestic violence may not be arrested for a violation of Section 13A-6-130,
13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor,
the officer shall consider all of the following: (1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on each person, including whether the
injuries are offensive versus defensive...
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13A-6-141
Section 13A-6-141 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) DOMESTIC
VIOLENCE PROTECTION ORDER. A domestic violence protection order is any protection from abuse
order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive.
The term includes the following: a. A restraining order, injunctive order, or order of release
from custody which has been issued in a circuit, district, municipal, or juvenile court in
a domestic relations or family violence case; b. An order issued by municipal, district, or
circuit court which places conditions on the pre-trial release on defendants in criminal cases,
including provisions of bail pursuant to Section 15-13-190; c. An order issued by another
state or territory which may be enforced under Sections 30-5B-1 through 30-5B-10. Restraining
or protection orders not issued pursuant to the Protection From...
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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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30-5B-2
Section 30-5B-2 Definitions. As used in this chapter, the following words have the following
meanings: (1) COURT. A circuit or district court authorized by statute to issue or modify
a protective order. (2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal
of another state. (3) ISSUING STATE. The state whose tribunal issues a protection order. (4)
MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor
of both the protected individual seeking enforcement of the order and the respondent. (5)
PROTECTED INDIVIDUAL. An individual protected by a protection order. (6) PROTECTION ORDER.
An injunction or other order, issued by a tribunal under the domestic violence or family violence
laws of the issuing state, to prevent an individual from engaging in violent or threatening
acts against, harassment of, contact or communication with, or physical proximity to, another
individual. (7) RESPONDENT. The individual against whom enforcement of a...
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30-7-6
Section 30-7-6 Perpetrator counseling programs. (a) The director, in consultation with the
Alabama Coalition Against Domestic Violence, Incorporated or other qualified entity, as provided
in subsection (b) of Section 30-7-2, the Alabama Network of Family Resource Centers, and the
Alabama Department of Mental Health, shall establish the content of batterers' intervention
programs in order to direct services to those persons who are adjudged to have committed an
act of domestic violence, as defined in Section 30-5-2, those against whom an injunction for
protection against domestic violence is entered, those referred by the court, and those who
volunteer to attend such programs. (b) The facilitators, supervisors, and trainees of the
program shall be certified to provide these programs through initial certification by the
Department of Economic and Community Affairs, and the programs and personnel shall be annually
recertified by the department to ensure that they meet specified standards....
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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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27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct which constitutes
the crime of rape. b. Intentionally following another person, including a minor child, without
proper authority, under circumstances that place the person in reasonable fear of bodily injury
or physical harm. c. Subjecting another person, including a minor child, to false imprisonment
or kidnapping. d. Attempting to cause or intentionally, knowingly, or recklessly causing damage
to property to intimidate or attempt to control the behavior of another person, including
a minor child. e. Assault, child abuse, criminal...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon final
judgment permitting the change of principal residence of a child, a court may consider a proposed
change of principal residence of a child as a factor to support a change of custody of the
child. In determining whether a proposed or actual change of principal residence of a minor
child should cause a change in custody of that child, a court shall take into account all
factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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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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