2023 Code of Alabama
Title 38 - Public Welfare.
Chapter 9F - Elder Abuse Protection Order and Enforcement Act
Section 38-9F-4 - Issuance of Elder Abuse Protection Orders.

Section 38-9F-4

Issuance of elder abuse protection orders.

THIS SECTION WAS AMENDED BY ACT 2022-123 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter:

(1) Circuit courts.

(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1.

(3) A district court judge designated by a written standing order from the presiding circuit court judge.

(4) A judge of probate designated by a written standing order from the presiding circuit court judge, where the judge of probate is a member in good standing with the Alabama State Bar.

(b) An elder abuse protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in connection with the preliminary, final, or post-judgment relief in a civil action.

(c) A petition for an elder abuse protection order may be filed in any of the following locations:

(1) Where the plaintiff or defendant resides.

(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.

(3) Where the abuse occurred.

(d) There is no minimum period of residence for the plaintiff in the State of Alabama or in the county in which a case is filed.

(e) An elder abuse protection order shall be a status order that is specifically designed to protect the elderly person, and in personam jurisdiction over the defendant shall not be required in order to issue an ex parte or final order under this chapter.

(Act 2017-284, §4; Act 2022-123, §4.)