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Alabama Statutes, Title 38

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Alabama/Statutes

← All Alabama coverage

Title 38

26 chapters · 242 sections in this title.

All chapters in Title 38242 Ch 7, Child Care24 Ch 10, Child Support Programs21 Ch 12, Kinship Foster Care Program17 Ch 3, Department of Senior Services15 Ch 4, Public Assistance Generally15 Ch 2, State and County Departments and Boa…14 Ch 9, Protection of Aged Adults or Adults …13 Ch 9F, Elder Abuse Protection Order and Enf…12 Ch 13, Criminal Background Checks on Person…12 Ch 14, Individual Development Account Program11 Ch 12B, Fostering Hope Scholarship Act of 201510 Ch 6, Medical Assistance to Elderly Persons9 Ch 9A, In-Home Services and Equipment for P…9 Ch 15, Alabama Youth Residential Facility A…9

12 sections·Filtered byTitle 38✕Ch 9F✕

Ala. Code § 38-9F-1 Short Title
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This chapter shall be known and may be cited as the Elder Abuse Protection Order and Enforcement Act. (Act 2017-284, §1.)
Ala. Code § 38-9F-10 Violations
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(a) A violation of an elder abuse protection order is a Class A misdemeanor, which shall be punishable as provided in law. (b) A second conviction for a violation of an elder abuse protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 …
Ala. Code § 38-9F-11 Enforcement
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A law enforcement officer may arrest any person for a violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid elder abuse protection order, whether temporary or permanent. The presentation of an elder abuse prot…
Ala. Code § 38-9F-12 Construction of Chapter
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Nothing in this chapter shall be construed to limit the enforcement of any other laws or rules that protect vulnerable adults or limit the jurisdiction of or action by any regulatory or law enforcement agency. (Act 2017-284, §14.)

Ala. Code § 38-9F-2 Construction and Application; Purposes

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This chapter shall be liberally construed and applied to promote all of the following purposes: (1) To maximize protection of victims of elder abuse. (2) To create a flexible and expeditious method of obtaining a protection order against an individual who has committed elder abus…

Ala. Code § 38-9F-3 Definitions

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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: …

Ala. Code § 38-9F-4 Issuance of Elder Abuse Protection Orders

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(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 …

Ala. Code § 38-9F-5 Relief; Remedies; Full Faith and Credit

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(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 actio…

Ala. Code § 38-9F-6 Sworn Petition for Relief on Behalf of Elderly Person

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(a)(1) 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: a. A court appointed guardian. The petition must include a copy of the court order appointing the …

Ala. Code § 38-9F-7 Hearing; Temporary Ex Parte Protection Orders

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(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defe…

Ala. Code § 38-9F-8 Ex Parte Relief

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(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 a…

Ala. Code § 38-9F-9 Parties to Be Issued Copies of Elder Abuse Protection Order; Form of Orders

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(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 protecti…