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AL SB134
Bill
AI Summary
SB134 Summary
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Amends Alabama's Protection From Abuse Act to expand the definition of "abuse" to include arson, assault, child abuse, criminal coercion, criminal trespass, harassment, kidnapping, menacing, reckless endangerment, sexual abuse, stalking, theft, and unlawful imprisonment.
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Expands the definition of "plaintiff" eligible for protection orders to include persons with dating relationships, household members in romantic or sexual relationships, and those with children in common with the defendant, in addition to married or formerly married individuals.
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Establishes court procedures requiring hearings within 10 days of service and sets the standard of proof at preponderance of the evidence; allows courts to issue temporary ex parte protection orders within three business days upon good cause shown.
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Authorizes courts to grant comprehensive relief including restraining orders, custody awards, residence exclusion of defendants, property protection, and temporary support orders based on child support guidelines.
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Repeals Sections 30-5-9 and 30-5-10 (criminal penalties) and becomes effective on the first day of the third month following passage.
Legislative Description
Protection From Abuse Act, issuance and procedures for issuance of protection orders relating to domestic violence and abuse, plaintiffs further defined according to relationships with defendant, jurisdiction, relationship to uniform acts, petitions, Protection Order Registry at Administrative Office of Courts, criminal penalties repealed, Secs. 30-5-1, 30-5-2, 30-5-3, 30-5-4, 30-5-5, 30-5-6, 30-5-7, 30-5-8 am'd.; Secs. 30-5-9, 30-5-10 repealed
Civil Procedure
Last Action
Forwarded to Governor on April 14, 2010 at 5:02 p.m. on April 14, 2010
4/14/2010