HB479 Alabama 2010 Session

Summary

Primary Sponsor

Jeff McLaughlin

Democrat

Co-Sponsors

Butch TaylorCraig Ford

Session

Regular Session 2010

Title

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to uniform acts, petitions, Protection Order Registry at Administrative Office of Courts, criminal penalties repealed, Secs. 30-5-1, 30-5-2, 30-5-3, 30-5-4, 30-5-5, 30-5-6, 30-5-7, 30-5-8 am'd.; Secs. 30-5-9, 30-5-10 repealed

Summary

HB479 overhauls Alabama's Protection From Abuse Act by expanding who can seek protection orders, broadening protected conduct, creating a statewide Protection Order Registry, and updating penalties and procedures.

What This Bill Does

It expands eligible petitioners to include persons in dating relationships and makes threats part of protected abuse. It standardizes how orders are filed, heard, and issued, creates a Protection Order Registry at the Administrative Office of Courts, and repeals old civil-penalty provisions while outlining new penalties for willful violations. It clarifies custody and support provisions under uniform acts, requires standardized petitions and forms, and sets review timelines and statewide enforcement for protection orders and out-of-state orders.

Who It Affects

• Victims and potential petitioners (including individuals in dating relationships) and their family or household members, who would now be able to seek protection orders and receive relief, with privacy protections for addresses and contact information.
• Defendants and their families or household members who are subject to protection orders, who may face temporary or final orders, potential penalties for violations, and possible obligations to pay costs or provide support or other relief as specified in the orders.

Key Provisions

• Amends Sections 30-5-1 through 30-5-8 and repeals Sections 30-5-9 and 30-5-10; moves toward a consolidated Protection From Abuse Act with updated definitions, procedures, and relief.
• Expands who may seek protection orders to include people in dating relationships and makes threats a protected form of abuse; defines terms such as ABUSE, ADULT, CHILD, PLAINTIFF, PROTECTION ORDER, and THREAT.
• Specifies how protection orders may be sought (independent action, with other civil actions, or as part of criminal actions) and in which counties they may be filed, with jurisdiction rules and transfer procedures when custody or other related matters are involved.
• Requires a Protection Order Registry at the Administrative Office of Courts, and directs that orders (and relevant information) be entered there for statewide enforcement and recognition across counties and from other states.
• Provides for confidentiality of plaintiff addresses and certain contact information on court documents; allows alternative addressing arrangements and, if needed, designating an attorney’s address for filing.
• Sets hearing timelines (initial and final hearings), allows ex parte temporary orders, and permits modification of orders after notice and a hearing; final orders generally last one year unless the court sets a different period.
• Outlines types of relief in final or modified orders (including protection, custody arrangements, support, possession of property or vehicles, and stay-away or distance orders) and includes authority to award attorney’s fees and costs under certain conditions.
• Details enforcement provisions (statewide effect, full faith and credit for out-of-state orders) and specifies that violations of protection orders can carry Class A misdemeanor penalties, with provisions for civil contempt and other remedies.
• Provides procedural protections for petitioners (including the option to proceed pro se, through an attorney, and considerations for simultaneous or consolidated cases).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure