Section 30-5A-5 – Lack of Knowledge by Defendant of Order.
Section 30-5A-5 Lack of knowledge by defendant of order. 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 […]
Section 30-6-4 – Duties of Acadv.
Section 30-6-4 Duties of ACADV. The ACADV, or other qualified entity, shall do all of the following: (1) Recommend minimum certification qualifications and administrative standards to ensure the health, safety, and welfare of domestic violence victims and their children to the director. (2) Assist the director in the evaluation of certified domestic violence centers in […]
Section 30-5A-6 – Authority to Enforce Orders Through Contempt Proceedings Not Diminished.
Section 30-5A-6 Authority to enforce orders through contempt proceedings not 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. (Acts 1993, No. 93-325, p. 495, §6.)
Section 30-6-5 – Report.
Section 30-6-5 Report. (a) Each domestic violence center shall provide to the director information relating to the number of persons who receive services from local domestic violence programs or certified domestic violence centers and any other information that is required to be reported for eligibility to receive federal grant funding or other funding. (b) The […]
Section 30-5A-7 – Chapter to Be Construed in Pari Materia With Certain Laws.
Section 30-5A-7 Chapter to be construed in pari materia with certain laws. 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, […]
Section 30-6-6 – Establishment and Funding of Facilities.
Section 30-6-6 Establishment and funding of facilities. (a) In order to be certified, each domestic violence center shall do all of the following: (1) Provide a facility that shall serve as a center to receive and house persons who are victims of domestic violence. For the purpose of this chapter, minor children and other dependents […]
Section 30-5B-1 – Short Title.
Section 30-5B-1 Short title. This chapter may be cited as the Alabama Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. (Act 2003-380, p. 1075, §1.)
Section 30-6-7 – Limitations on Appropriation and Expenditure of Funds.
Section 30-6-7 Limitations on appropriation and expenditure of funds. (a) The Department of Economic and Community Affairs may pay the administrative costs necessary to fulfill the requirements of this chapter from the Domestic Violence Trust Fund; provided, however, the department may not expend, on an annual basis, more than eight percent of the total available […]
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 30-5B-2 – Definitions.
Section 30-5B-2 Definitions. 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. The state whose tribunal issues a […]