Section 30-5-4 – Remedies and Relief; Duty to Inform Court of Pending Proceedings, Litigation, etc.; Previous Court Orders; Issuance of Orders.
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, 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 […]
Section 30-5-5 – Standing to File Sworn Petition for Protection Order; Disclosure of Information; Costs and Fees.
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 […]
Section 30-5-6 – Hearing on Petition; Temporary Orders.
Section 30-5-6 Hearing on petition; temporary orders. (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 […]
Section 30-5-7 – Ex Parte Orders or Modification of Protection Order.
Section 30-5-7 Ex parte orders or modification of protection order. (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 […]
Section 30-5-8 – Notice of Hearing or Other Order to Be Sent to Parties; Registration of Information; Automated Process; Additional Fines.
Section 30-5-8 Notice of hearing or other order to be sent to parties; registration of 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 […]
Section 30-5-9 – Penalties.
Section 30-5-9 Penalties. Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010. (Acts 1981, No. 81-476, p. 826, §9; Acts 1995, No. 95-542, p. 1126, §1; Act 99-447, p. 1039, §1.)
Section 30-5-10 – Rules of Civil Procedure to Apply; Rights, Remedies, etc., of Defendant.
Section 30-5-10 Rules of Civil Procedure to apply; rights, remedies, etc., of defendant. Repealed by Act 2010-538, p. 919, §2, effective July 1, 2010. (Acts 1981, No. 81-476, p. 826, §10; Acts 1995, No. 95-542, p. 1126, §1.)
Section 30-5-11 – Construction of Chapter.
Section 30-5-11 Construction of chapter. 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. (Acts 1981, No. 81-476, p. 826, §12.)
Section 30-5-1 – Short Title; Construction; Purposes.
Section 30-5-1 Short title; construction; purposes. (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 […]
Section 30-5-2 – Definitions.
Section 30-5-2 Definitions. 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. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, […]