SB368 Alabama 2016 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2016

Title

Protection orders, issuance of temporary and permanent orders against sexual assault, stalking, and human trafficking by circuit court, procedures, hearings, criminal penalties for violations

Summary

SB368 creates a system of temporary and permanent protection orders (STOP orders) to shield people from sexual assault, stalking, and human trafficking, with clear filing, hearing, and enforcement rules.

What This Bill Does

It allows circuit courts (and district courts if needed) to issue STOP orders after a petition, with notice and a final hearing within 14 days. It sets who can petition (adults or guardians for minors), confidentiality rules, and how orders can be modified or extended, including emergency ex parte orders. It imposes criminal penalties for violations (felonies) and authorizes warrantless arrests by police under specified conditions. It also notes local-funding implications and provides exceptions so the bill can take effect without local approval.

Who It Affects

• Plaintiffs (adults or guardians acting on behalf of a minor or a person unable to protect themselves) seeking protection from abuse; they may file STOP petitions, receive protections, have confidential information shielded, and may have court costs handled in a way favorable to plaintiffs.
• Respondents/defendants accused of abuse (the person named in the STOP order); they must be served, may face ex parte and final STOP orders, and are subject to penalties including potential felony charges and warrantless arrests for violations.

Key Provisions

• Creates temporary and permanent STOP orders to protect against sexual abuse, stalking, and human trafficking, with court procedures for petitions, notices, hearings, and modification.
• Defines who may file (adults or guardians on behalf of minors), requires confidential handling of sensitive information, and allows standardized petitions with fee rules favoring petitioners; provides safe address options for unrepresented plaintiffs.
• Requires service of petitions, rapid final hearings (within 14 days), and allows ex parte orders or modifications; outlines types of relief (stay-away, no contact, etc.) and statewide enforceability of STOP orders.
• Establishes penalties for violations (Class D felony; second or subsequent violations become Class C felony); allows law enforcement to arrest without a warrant with probable cause and mandates documentation of notification when applicable; permits electronic storage of orders for enforcement.
• Notes local-funding provisions under Amendment 621; the bill is treated as exempt from local approval requirements because it defines a new crime or amends an existing crime; sets the effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Protection Orders