2013 Code of Alabama
Title 30 - MARITAL AND DOMESTIC RELATIONS.
Chapter 5 - PROTECTION FROM ABUSE.
Section 30-5-5 - Petition for relief, disclosure of information; costs and fees.
(a) A parent, legal guardian, legal custodian, or the State Department of Human Resources may petition for relief on behalf of the following:
(1) A minor.
(2) Any person prevented by physical or mental incapacity from seeking a protection order.
(b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks' offices around the state. The circuit clerk shall not be required to provide assistance to persons in completing the forms or in presenting their case to the court.
(c) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to clearly provide law enforcement with sufficient direction when determining if a violation of the order has occurred. For the purpose of judicial economy, a court may consolidate two separately filed petitions into a single case.
(d) Any plaintiff or petitioner who files a petition under this chapter may do so through an attorney or may represent himself or herself pro se throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.
(e)(1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk's office: The plaintiff's home address and, if applicable, business address; a plaintiff's home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff's family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.
(2) If disclosure of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.
(3) If the plaintiff has not disclosed an address or telephone number under this section the plaintiff shall satisfy one of the following requirements:
a. Designate and provide to the court an alternative address.
b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document.
(f) No court costs and fees shall be assessed for the filing and service of a petition for a protection order, for the issuance or registration of a protection order, or for the issuance of a witness subpoena under this chapter. Costs and fees may be assessed against the defendant at the discretion of the court.
(Acts 1981, No. 81-476, p. 826, §5; Acts 1995, No. 95-542, p. 1126, §1; Act 2003-385, p. 1088, §1; Act 2010-538, p. 919, §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.
