2014 Code of Alabama
Title 30 - MARITAL AND DOMESTIC RELATIONS.
Chapter 5 - PROTECTION FROM ABUSE.
Section 30-5-2 - Definitions.

Section 30-5-2Definitions.

In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) ABUSE. The occurrence of conduct directed at a plaintiff as defined by this chapter, including 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, inclusive.

c. Attempt. With the intent to commit any crime under this section or any other criminal act under the laws of this state, performing any overt act towards the commission of the offense.

d. Child abuse. Abusing children as defined under Chapter 15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act.

e. Criminal coercion. Criminal coercion as defined under Section 13A-6-25.

f. Criminal trespass. Entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive.

g. Harassment. Harassment as defined under Section 13A-11-8.

h. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.

i. Menacing. Menacing as defined under Section 13A-6-23.

j. Other conduct. Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state.

k. Reckless endangerment. Reckless endangerment as defined under Section 13A-6-24.

l. Sexual abuse. Any sexual offenses included in Article 4, commencing with Section 13A-6-60, of Chapter 6 of Title 13A.

m. Stalking. Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.

n. Theft. Knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another. Theft includes theft as defined under Sections 13A-8-1 to 13A-8-5, inclusive.

o. Unlawful imprisonment. Unlawful imprisonment as defined under Sections 13A-6-41 and 13A-6-42.

(2) ADULT. Any person 19 years of age or older, or who otherwise is emancipated.

(3) CHILD. A person 18 years of age or younger.

(4) COURT. A circuit court judge or, when the circuit court judge is unavailable, a district court judge. A district court judge may be designated by a written standing order from the presiding circuit court judge to handle protection from abuse cases.

(5) PLAINTIFF. For the purposes of this chapter, the term plaintiff is a person in need of protection from domestic violence who is 18 years of age or older, is or has been married, or is emancipated, and has one of the following relationships:

a. Related by marriage to the defendant, including a common law marriage.

b. Had a former marriage or common law marriage with the defendant.

c. Has a child in common with the defendant.

d. Has a dating relationship with the defendant. A dating relationship means a recent frequent, intimate association, primarily characterized by the expectation of affectionate or sexual involvement within the last six months. A dating relationship does not include a casual or business relationship.

e. Is a current or former household member. A household member is a person maintaining or having maintained a living arrangement with the defendant where he or she is in, or was engaged in, a romantic or sexual relationship.

(6) PROTECTION ORDER. Any order of protection issued under this chapter for the purpose of preventing acts of abuse as defined in this chapter.

(7) THREAT. Any word or action, expressed or implied, made to cause the plaintiff to fear for his or her safety or for the safety of another person.

(Acts 1981, No. 81-476, p. 826, §2; Acts 1995, No. 95-542, p. 1126, §1; Act 2010-538, p. 919, §1.)