Title 30 — Title 30

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §8; Acts 1953, No. 823, p. 1107, §3; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §5; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §6; Acts 1997, No. 97-245, p. 398, §1.)

Enforcement Proceedings. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §9; Acts 1953, No. 823, p. 1107, §4; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §10; Acts 1997, No. 97-245, p. 398, §1.)

The husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations. History: (Code 1886, §2349; Code 1896, §2529; Code 1907, §4497; Code 1923, §8272; …

and Wife Not Privileged. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §18; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §11; Acts 1953, No. 823, p. 1107, §5; Acts 1997, No. 97-245, p. 398, §1.)

Responding State, Etc. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §17; Acts 1997, No. 97-245, p. 398, §1.)

Generally. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §12; Acts 1953, No. 823, p. 1107, §6; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §13; Acts 1953, No. 823, p. 1107, §7; Acts 1997, No. 97-245, p. 398, §1.)

State. Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §14; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §15; Acts 1953, No. 823, p. 1107, §8; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §16; Acts 1997, No. 97-245, p. 398, §1.)

Repealed by Acts 1997, No. 97-245, p. 398, §1, effective January 1, 2000. History: (Acts 1951, No. 879, p. 1515, §3; Acts 1997, No. 97-245, p. 398, §1.)

(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 …

Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010. History: (Acts 1981, No. 81-476, p. 826, §10; Acts 1995, No. 95-542, p. 1126, §1.)

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. History: (Act…

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. Assaul…

Residency. (a) The courts, as provided in this chapter, shall have jurisdiction to issue protection orders. (b) A protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in conjunction with the preliminary, final, or…

Litigation, Etc.; Previous Court Orders; Issuance of Orders. (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 a protection order, each…

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, …

(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…

(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 h…

Information; Automated Process; Additional Fines. (a)(1) A copy of any notice of hearing or any protection order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided the plaintiff provides the court with current and accurate contact information,…

Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010. History: (Acts 1981, No. 81-476, p. 826, §9; Acts 1995, No. 95-542, p. 1126, §1; Act 99-447, p. 1039, §1.)

Amended and renumbered as §13A-6-140, by Act 2011-691, p. 2113, §1, effective September 1, 2011. History: (Acts 1993, No. 93-325, p. 495, §1.)

Amended and renumbered as §13A-6-141, by Act 2011-691, p. 2113, §1, effective September 1, 2011. History: (Acts 1993, No. 93-325, p. 495, §2.)

Contempt; Penalties. Amended and renumbered as §13A-6-142, by Act 2011-691, p. 2113, §1, effective September 1, 2011. History: (Acts 1993, No. 93-325, p. 495, §3; Acts 1996, No. 96-527, p. 684, §1.)

Amended and renumbered as §13A-6-143, by Act 2011-691, p. 2113, §1, effective September 1, 2011. History: (Acts 1993, No. 93-325, p. 495, §4.)

Lack of knowledge by the defendant of the order which was violated shall be an affirmative defense to conviction for violating this chapter at trial only, but shall not affect the determination of the arresting officer in deciding to arrest. Nothing in this section shall change t…

Diminished. Nothing in this chapter shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings. History: (Acts 1993, No. 93-325, p. 495, §6.)

The provisions of this chapter shall be construed in pari materia with all laws which relate to punishment and sentences for any civil or criminal offense, including, but not limited to, contempt of court, domestic abuse, child abuse, family abuse, or juvenile abuse, and the puni…

This chapter may be cited as the Alabama Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. History: (Act 2003-380, p. 1075, §1.)

This chapter applies to protection orders issued before January 1, 2004, and to continuing actions for enforcement of foreign protection orders commenced before January 1, 2004. A request for enforcement of a foreign protection order made on or after January 1, 2004, for violatio…

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.…

(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this s…

(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a pro…

(a) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall present a certified copy of the order to any circuit or district court clerk in the state and complete an affidavit as provided in subsection (d).…

In the absence of negligence, or wantonness, or willful misconduct, this state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and …

A protected individual who pursues remedies under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent. History: (Act 2003-380, p. 1075, §1.)

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2003-380, p. 1075, §1.)

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) ABUSE. As defined in Section 30-5-2. (2) ACADV. The Alabama Coalition Against Domestic Violence, Incorporated. (3) ADVOCATE. An employee or volunteer of a pr…

(a) The director is authorized to adopt rules necessary to administer and implement the provisions of this chapter not otherwise covered by subsection (b). (b) The Secretary of the Alabama State Law Enforcement Agency may adopt rules necessary to administer and implement the prov…

There is created the Domestic Violence Trust Fund within the State Treasury for the specific purpose of funding certified domestic violence centers. The fund shall be administered by the Department of Economic and Community Affairs. Beginning on January 1, 2016, and thereafter, i…

Any person, firm, corporation or official acting pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any civil liability that otherwise might be incurred or imposed. History: (Acts 1981, No. 81-813, p. 1452, …

“The provisions of this chapter are supplemental and shall be construed in pari materia with other laws relating to domestic relations, domestic violence, and law enforcement; and provided, that those laws or parts of laws which are in direct conflict or inconsistent herewith are…

The Legislature recognizes that persons who are victims of domestic violence are in need of critical lifesaving services from specialized facilities that possess relevant expertise to assist such persons. It is the intent of the Legislature to assist in the development of certifi…

(a) The director shall perform or delegate all of the following duties: (1) Operate the domestic violence program and, in collaboration with ACADV or other qualified entity, coordinate and administer statewide activities related to the prevention of domestic violence. (2) Have th…