SB134 Alabama 2010 Session

Summary

Primary Sponsor

Roger Bedford, Jr.

Democrat

Co-Sponsors

Hinton MitchemT.D. “Ted” LittlePriscilla DunnWendell Mitchell

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to uniform acts, petitions, Protection Order Registry at Administrative Office of Courts, criminal penalties repealed, Secs. 30-5-1, 30-5-2, 30-5-3, 30-5-4, 30-5-5, 30-5-6, 30-5-7, 30-5-8 am'd.; Secs. 30-5-9, 30-5-10 repealed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

The bill updates Alabama's Protection From Abuse Act to expand and streamline protection orders for domestic violence, clarifying who can petition, how orders are issued and enforced, and removing criminal penalties tied to the act.

What This Bill Does

It amends sections 30-5-1 through 30-5-8 and repeals 30-5-9 and 30-5-10 to define terms, expand filing, set out ex parte and final protection orders, and specify relief such as custody, support, and stay-away orders. It creates a statewide Protection Order Registry, ensures confidentiality of sensitive information, recognizes out-of-state orders, and makes penalties for violations a matter of court enforcement rather than separate criminal penalties. It also standardizes petitions and allows representation by attorney or self-representation.

Who It Affects

• Adult or emancipated individuals who are victims of domestic violence and have a qualifying relationship with the defendant (marriage, former marriage, child in common, dating relationship, or current/former household member) who may file for protection orders and receive relief.
• People subject to protection orders (defendants) and related parties (family, household, law enforcement) who must comply with orders; may incur temporary or final relief such as custody, support, vehicle use, and stay-away provisions, and who face enforcement and potential court-imposed costs at the court's discretion.

Key Provisions

• Renames and clarifies the Protection From Abuse Act; purpose statements emphasize protection, speed, enforcement, and equal application.
• Defines key terms: ABUSE, ADULT, CHILD, COURT, PLAINTIFF, PROTECTION ORDER, THREAT, and specifies what constitutes a 'plaintiff' and a 'dating relationship'.
• Outlines filing and jurisdiction rules: petitions may be filed in multiple locations; temporary ex parte orders can be issued; final orders follow hearings; residency not required to petition.
• Specifies relief in ex parte and final orders: stay-away orders, temporary or permanent custody, support, vehicle possession, and other protective measures; potential attorney and court cost provisions.
• Establishes statewide effectiveness of protection orders and recognition of out-of-state orders; Protection Order Registry to store orders.
• Confidentiality protections: sensitive information (home addresses, phone numbers, shelters) is restricted from public court documents; in some cases, disclosures may be in camera.
• Fee rules: no court costs for filing, service, or issuance of orders; costs may be assessed against the defendant at the court's discretion.
• Repeals: sections 30-5-9 and 30-5-10 are repealed; criminal penalties provisions related to these orders are repealed.
• Effective date: the act takes effect on the first day of the third month after passage.

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