2009 Alabama Code
Title 30 — MARITAL AND DOMESTIC RELATIONS.
Chapter 5 — PROTECTION FROM ABUSE.
Section 30-5-7 Orders for protection or modification - Authorized, issuance, relief, time, amendment, etc.

Section 30-5-7

Orders for protection or modification - Authorized, issuance, relief, time, amendment, etc.

(a) The court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children.

(b) If it appears from a petition for an order for protection or a petition to modify an order of protection that abuse has occurred or a modification of an order for protection is required, the court may:

(1) Without notice or hearing, immediately issue an order for protection ex parte or modify an order for protection ex parte as it deems necessary to protect the plaintiff or minor children.

(2) After providing notice by certified mail to the defendant at his or her last known address, issue a final order for protection or modify an order for protection after a hearing whether or not the defendant appears.

(c) A court may grant any of the following relief without notice and hearing in an order for protection or a modification issued ex parte:

(1) Enjoin the defendant from threatening to commit or committing acts of abuse, as defined in this chapter, against the plaintiff or minor children, and any designated family or household member.

(2) Prohibit the defendant from harassing, annoying, telephoning, contacting, or otherwise communicating, directly or indirectly, with the plaintiff or minor children.

(3) Order the defendant to stay away from the residence, school, or place of employment of the plaintiff, the minor children, or any specified place frequented by the plaintiff, the minor children, and any designated family or household member which the defendant has no legitimate reason to frequent.

(4) Award temporary custody of any minor children of the parties.

(5) Enjoin the defendant from interfering with the plaintiff's efforts to remove plaintiff's children and direct the appropriate law enforcement officer to accompany the plaintiff during the effort to remove plaintiff's children as necessary to protect the plaintiff or children from abuse.

(6) Enjoin the defendant from removing minor children from the individual having legal custody of the minor children, except as otherwise authorized by a custody or visitation order issued by a court of competent jurisdiction.

(7) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.

(8) Direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the parties as necessary to protect the plaintiff or children from abuse.

(9) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff or minor and any designated family or household member.

(10) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties.

(d) A court may grant any of the following relief in a final order for protection or a modification of an order after notice and hearing, whether or not the defendant appears:

(1) Grant the relief available in subsection (c).

(2) Specify arrangements for visitation of any minor child by the defendant on a basis that gives primary consideration to the safety of the plaintiff or the minor child, or both, and require supervision by a third party or deny visitation if necessary to protect the safety of the plaintiff or minor child, or both.

(3) Order the defendant to pay attorney's fees and court costs.

(4) When the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, grant to the plaintiff possession of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff, or both, or by consent agreement allowing the defendant to provide suitable alternate housing.

(5) Order the defendant to pay temporary reasonable support for the plaintiff or any child in the plaintiff's custody, or both, when the defendant has a legal obligation to support such person. The amount of temporary support awarded shall be in accordance with Child Support Guidelines.

(6) Order the defendant to provide temporary possession of a vehicle to the plaintiff, if the plaintiff has no other means of transportation of his or her own and the defendant either has control of more than one vehicle or has alternate means of transportation.

(e)(1) Any final protection order or approved consent agreement shall be for a period of one year unless a shorter or longer period of time is expressly ordered by the court. While the order is in effect, the court may amend its order or an approved consent agreement at any time upon subsequent petition filed by either party and a hearing held pursuant to this chapter.

(2) Upon motion and showing of cause a final protection order may be continued for a definite period of time to be set by the court.

(f) No order or agreement under this chapter shall in any manner affect title to any real property, except final subsequent proceedings available by law.

(Acts 1981, No. 81-476, p. 826, §7; Acts 1995, No. 95-542, p. 1126, §1.)