2009 Alabama Code
Title 30 — MARITAL AND DOMESTIC RELATIONS.
Chapter 5 — PROTECTION FROM ABUSE.
Section 30-5-3 Jurisdiction; how order may be obtained; venue; when final order not issued; residency.

Section 30-5-3

Jurisdiction; how order may be obtained; venue; when final order not issued; residency.

(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.

(Acts 1981, No. 81-476, p. 826, §3; Acts 1995, No. 95-542, p. 1126, §1.)

Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.