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30-3-132
Section 30-3-132 Factors court must consider. (a) In addition to other factors that a court
is required to consider in a proceeding in which the custody of a child or visitation by a
parent is at issue and in which the court has made a finding of domestic or family violence
the court shall consider each of the following: (1) The safety and well-being of the child
and of the parent who is the victim of family or domestic violence. (2) The perpetrator's
history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical
harm, bodily injury, or assault, to another person. (b) If a parent is absent or relocates
because of an act of domestic or family violence by the other parent, the absence or relocation
may not be a factor that weighs against the parent in determining the custody or visitation.
(Acts 1995, No. 95-629, p. 1332, ยง3.)...
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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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30-3-135
Section 30-3-135 Visitation by parent who committed violence. (a) A court may award visitation
by a parent who committed domestic or family violence only if the court finds that adequate
provision for the safety of the child and the parent who is a victim of domestic or family
violence can be made. (b) In a visitation order, a court may take any of the following actions:
(1) Order an exchange of the child to occur in a protected setting. (2) Order visitation supervised
in a manner to be determined by the court. (3) Order the perpetrator of domestic or family
violence to attend and complete to the satisfaction of the court, a program of intervention
for perpetrators or other designated counseling as a condition of visitation. (4) Order the
perpetrator of domestic or family violence to abstain from possession or consumption of alcohol
or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a...
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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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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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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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30-3C-7
Section 30-3C-7 Factors to determine risk of abduction. (a) In determining whether there is
a credible risk of abduction of a child, the court shall consider any evidence that the petitioner
or respondent: (1) has previously abducted or attempted to abduct a child; (2) has threatened
to abduct a child; (3) has recently engaged in activities that may indicate a planned abduction,
including: (A) abandoning employment; (B) preparing to move from, abandoning, or selling a
primary residence; (C) terminating a lease; (D) closing bank or other financial management
accounts, liquidating assets, hiding or destroying financial documents, or conducting any
unusual financial activities; (E) applying for a passport or visa or obtaining travel documents
for the respondent, a family member, or the child; or (F) seeking to obtain the child's birth
certificate or school or medical records; (4) has engaged in domestic violence, stalking,
or child abuse or neglect; (5) has refused to follow a...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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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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