Domestic Abuse Laws
Alabama
2003
Page updated 03-20-03
Note: This page features auto-scrolling links by statute.
The Code of Alabama 1975
Title 30 Marital and Domestic Relations.
Chapter
5 Protection from Abuse.
Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees.
Chapter 5 Protection from Abuse.
(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 offender.
(5) To recognize that battering is a crime that will not be excused or tolerated.
(6) To provide for protection orders to prevent domestic abuse and provide for court jurisdiction and venue; to provide for court hearing for petitions for relief; to provide for the contents and the issuance of protection orders; and to provide penalties for violations of protection orders.
(a) In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) ABUSE. The occurrence of one or more of the following acts, attempts, or threats between family or household members, as defined by this chapter:
a. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.
b. Attempt. With the intent to commit any crime under this section or any other criminal act under the laws of this state, performing any overt act towards the commission of the offense.
c. Child abuse. Abusing minor children as defined under Chapter 15 (commencing with Section 26-15-1) of Title 26, known as "The Alabama Child Abuse Act."
d. Criminal coercion. Criminal coercion as defined under Section 13A-6-25.
e. Harassment. Harassment as defined under Section 13A-11-8.
f. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.
g. Menacing. Menacing as defined under Section 13A-6-23.
h. Other conduct. Any other conduct directed toward a member of the protected class covered by this chapter that could be punished as a criminal act under the laws of this state.
i. Reckless endangerment. Reckless endangerment as defined under Section 13A-6-24.
j. Sexual abuse. Any sex offenses included in Article 4 (commencing with Section 13A-6-60) of Chapter 6 of Title 13A.
k. Stalking. Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.
l. Theft. Knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another.
m. Trespass. Entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person.
n. Unlawful imprisonment. Unlawful imprisonment as defined under Sections 13A-6-41 and 13A-6-42.
(2) ADULT. Any person 19 years of age or older, or who otherwise is emancipated.
(3) COURT. The circuit court, or when the circuit court judge is unavailable, the district court.
(4) FAMILY OR HOUSEHOLD MEMBERS. A spouse, former spouse, parent, child, or any other person related within the 6th degree consanguinity or affinity or common-law marriage, a person with whom the plaintiff has a child in common, or a present or former household member.
(5) PLAINTIFF. For the purposes of this chapter, the term plaintiff is inclusive of the categories of eligible plaintiffs listed below:
a. Any eligible adult who has sought relief under this chapter for himself or herself.
b. Any adult relative, household member, guardian, or custodian who seeks relief on behalf of any of the following persons by filing a petition with any court having jurisdiction alleging abuse by the defendant:
1. A minor or minor child.
2. Any person prevented by physical or mental incapacity from seeking a protection order.
(6) PROTECTION ORDER. Any order of protection issued under this chapter for the purpose of preventing acts of abuse as defined in this chapter. The term refers to both ex parte and final orders issued by the court, whether obtained by filing an independent action or as a pendente lite order in another proceeding.
(b) Terms not otherwise defined by this chapter shall have the meaning given to them in Title 13A, (commencing with Section 13A-1-1), known as the Alabama Criminal Code or other provisions of law, as the case may be.
(a) The courts, as provided in this chapter, shall have jurisdiction over all proceedings under this chapter.
(b) A protection order may be sought in any of the following manners:
(1) As an independent civil action, or joined with any other civil action.
(2) As part of the preliminary, final, or post judgment relief in any civil action.
(3) As part of a criminal action at the request of the prosecuting attorney or at the request of the victim as a condition of any the following:
a. Pretrial release.
b. As part of sentencing or alternative sentencing.
c. As part of conditions of probation.
(c) A petition for a protection order may be filed in any county as follows:
(1) Where the plaintiff resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse, provided that no pending civil litigation involving the parties or criminal charges arising from the alleged abuse are before a court in the jurisdiction where the plaintiff resides. If pending civil litigation involving the parties or criminal charges arising from the alleged abuse are before a court in the jurisdiction where the plaintiff resides, then an order for protection must be sought where the plaintiff resides.
(d) Notwithstanding any provision to the contrary, a court in this state shall not issue a final order under this chapter if at the time of the filing of the petition: (1) a proceeding concerning the subject matter of the petition is pending in another court in this state; or (2) another court in this state has retained jurisdiction over the parties concerning the subject matter of the petition.
(e) A minimum period of residency is not required to petition the court for an order of protection.
(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) At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty to inform the court of each pending proceeding for an order for protection, any pending civil litigation, each pending proceeding in family or juvenile court, each pending criminal case involving the parties, and any existing child custody or support order, including the case name, the file number, and the county and state of the proceeding, if that information is known to the party.
(c) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other available civil or criminal remedies. Plaintiffs shall not be barred from relief under this chapter because of other pending proceedings or existing judgments.
(d) The court shall not delay granting relief because of the existence of a pending action between the parties.
(e) Relief shall be available under this chapter without regard to whether the plaintiff has initiated divorce proceedings or sought other legal remedies.
(f) If child custody, visitation, or support have already been adjudicated, the terms of a previous court order may be incorporated into a protection order. Visitation arrangements specified in an existing order may be modified in a protection order for the purpose of preventing further abuse.
(g) Any protection order issued pursuant to this chapter shall be effective throughout the state and in all counties.
(h) Any protection order issued by the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state.
(a) Any plaintiff may seek relief under this chapter for himself or herself, for a minor, or for another person prevented by physical or mental incapacities from seeking a protection order by filing a petition with the court of proper jurisdiction alleging abuse by the defendant.
(b) Forms for petitions, motions, and pleadings shall be available through the clerk's office. These forms shall be standard court forms. The clerk shall not be required to provide assistance to persons in completing the forms or in presenting his or her case to the court.
(c)(1) A court may issue mutual protection orders only if a separate petition has been filed by each party.
(2) When mutual protection orders are issued, the content of these orders must be sufficiently specific for any law enforcement officer to be able to determine which party has violated the order, if there is probable cause to believe a violation of an order has occurred.
(d) Any eligible plaintiff who files a petition under this chapter, may do so through an attorney or may represent himself or herself pro se throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.
(e)(1) Upon request, the court shall order the omission or deletion of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1. That address shall be omitted or deleted from all documents filed with the court, documents made available to the public, and documents made available to the defendant.
(2) If disclosure of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.
(3) If the plaintiff has not disclosed an address under this section the plaintiff shall satisfy one of the following requirements:
a. Designate and provide to the court an alternative address.
b. Elect to substitute the address of his or her attorney of record in place of the address of the plaintiff on any form, motion, or pleading.
(f) For purposes of determining if the plaintiff has adequate funds available to pay the filing fee the following criteria shall apply:
(1) Receiving Aid to Families with Dependent Children payments, food stamps, or Supplemental Security Income shall serve as prima facie evidence demonstrating substantial hardship on the part of the plaintiff.
(2) The income of the defendant, who may be a household or family member, shall not be considered.
(a) Within 14 days of the filing of a petition under this chapter a hearing shall be held at which the plaintiff shall prove the allegation of abuse by a preponderance of the evidence. The court shall advise the defendant that he or she may be represented by counsel.
(b) The court may enter such temporary orders as it deems necessary to protect the plaintiff or minor children from abuse, or the immediate and present danger of abuse to the plaintiff or minor children, upon good cause shown in an ex parte proceeding.
(c) If a hearing under subsection (a) is continued, the court may make or extend temporary orders under subsection (b) as it deems reasonably necessary.
(a) The court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children.
(b) If it appears from a petition for an order for protection or a petition to modify an order of protection that abuse has occurred or a modification of an order for protection is required, the court may:
(1) Without notice or hearing, immediately issue an order for protection ex parte or modify an order for protection ex parte as it deems necessary to protect the plaintiff or minor children.
(2) After providing notice by certified mail to the defendant at his or her last known address, issue a final order for protection or modify an order for protection after a hearing whether or not the defendant appears.
(c) A court may grant any of the following relief without notice and hearing in an order for protection or a modification issued ex parte:
(1) Enjoin the defendant from threatening to commit or committing acts of abuse, as defined in this chapter, against the plaintiff or minor children, and any designated family or household member.
(2) Prohibit the defendant from harassing, annoying, telephoning, contacting, or otherwise communicating, directly or indirectly, with the plaintiff or minor children.
(3) Order the defendant to stay away from the residence, school, or place of employment of the plaintiff, the minor children, or any specified place frequented by the plaintiff, the minor children, and any designated family or household member which the defendant has no legitimate reason to frequent.
(4) Award temporary custody of any minor children of the parties.
(5) Enjoin the defendant from interfering with the plaintiff's efforts to remove plaintiff's children and direct the appropriate law enforcement officer to accompany the plaintiff during the effort to remove plaintiff's children as necessary to protect the plaintiff or children from abuse.
(6) Enjoin the defendant from removing minor children from the individual having legal custody of the minor children, except as otherwise authorized by a custody or visitation order issued by a court of competent jurisdiction.
(7) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.
(8) Direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the parties as necessary to protect the plaintiff or children from abuse.
(9) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff or minor and any designated family or household member.
(10) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties.
(d) A court may grant any of the following relief in a final order for protection or a modification of an order after notice and hearing, whether or not the defendant appears:
(1) Grant the relief available in subsection (c).
(2) Specify arrangements for visitation of any minor child by the defendant on a basis that gives primary consideration to the safety of the plaintiff or the minor child, or both, and require supervision by a third party or deny visitation if necessary to protect the safety of the plaintiff or minor child, or both.
(3) Order the defendant to pay attorney's fees and court costs.
(4) When the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, grant to the plaintiff possession of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff, or both, or by consent agreement allowing the defendant to provide suitable alternate housing.
(5) Order the defendant to pay temporary reasonable support for the plaintiff or any child in the plaintiff's custody, or both, when the defendant has a legal obligation to support such person. The amount of temporary support awarded shall be in accordance with Child Support Guidelines.
(6) Order the defendant to provide temporary possession of a vehicle to the plaintiff, if the plaintiff has no other means of transportation of his or her own and the defendant either has control of more than one vehicle or has alternate means of transportation.
(e)(1) Any final protection order or approved consent agreement shall be for a period of one year unless a shorter or longer period of time is expressly ordered by the court. While the order is in effect, the court may amend its order or an approved consent agreement at any time upon subsequent petition filed by either party and a hearing held pursuant to this chapter.
(2) Upon motion and showing of cause a final protection order may be continued for a definite period of time to be set by the court.
(f) No order or agreement under this chapter shall in any manner affect title to any real property, except final subsequent proceedings available by law.
(a) A copy of any order under this chapter shall be issued to the plaintiff, the defendant, and the law enforcement officials with jurisdiction to enforce the order or agreement.
(b) Each order shall bear the following language, prominently displayed: "A willful violation of this order is a Class A misdemeanor which is punishable by a fine not to exceed two thousand dollars ($2,000) or imprisonment for up to a year in jail, or both, and is also punishable for civil contempt." However, failure to provide such notice shall not affect the validity of the protection order.
A defendant who has violated a protection order issued pursuant to this chapter by the commission of an act of abuse as defined in this chapter, or conduct other than abuse in violation of the order, shall be subject to being held in contempt of court and shall be guilty of a Class A misdemeanor. A second conviction for violation of this chapter shall, in addition to the permissible fine assessed, be punishable by a minimum of 48 hours continuous imprisonment which may not be suspended. A third or subsequent conviction shall, in addition to any permissible fine, be punishable by a minimum sentence of 30 days imprisonment which may not be suspended. The person shall also be subject to existing penalties upon conviction of any criminal charges arising out of the incident which is the basis of any protection order.
Any proceeding for the issuance of a protection order under this chapter shall be in accordance with the Rules of Civil Procedure and shall be in addition to any other civil or criminal penalties provided by law. It is specifically provided that any defendant shall have the same rights, remedies, and due process where any wrongful action is instituted as any defendant in other civil and criminal actions.
The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to civil and criminal procedure; provided, however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees.
Domestic violence - First degree.
(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.
(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.
(Act 2000-266, § 1.)
Domestic violence - Second degree.
(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.
(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.
(Act 2000-266, § 2.)
Domestic violence - Third degree.
(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; or the crime of harassment pursuant to subsection (a) of Section 13A-11-8; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 48 hours in a city or county jail or detention facility without consideration of reduction in time for any second or subsequent conviction under this subsection.
(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(Act 2000-266, § 3.)
Arrest without warrant - Generally.
For the purposes of an arrest without a warrant pursuant to Section 15-10-3, the crimes of domestic violence in the first, second, and third degrees shall be an offense involving domestic violence. A warrantless arrest for an offense involving domestic violence made pursuant to subdivision (8) of subsection (a) of Section 15-10-3, shall include a charge of a crime of domestic violence under this article.
(Act 2000-266, § 4.)
Arrest without warrant - Determination of primary aggressor.
(a) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence. In determining whether a person is the primary 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.
(3) The likelihood of future injury to each person.
(4) Whether one of the persons acted in self-defense.
(b) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following:
(1) The specific consent or request of the victim.
(2) The officer's perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.
(Act 2000-266, § 5.)
Relation to abuse laws.
For the purposes of Chapter 5 of Title 30, the crimes of domestic violence in the first, second, and third degrees shall be included as acts, attempts, or threats of abuse as defined pursuant to Section 30-5-2.
(Act 2000-266, § 6.)
Relation to domestic or family abuse laws.
For the purposes of Article 6, Chapter 3 of Title 30, the definition of "domestic or family abuse" includes an incident of domestic violence in the first, second, or third degrees pursuant to this article.
(Act 2000-266, § 7.)
