HB386 Alabama 2018 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2018

Title

Domestic violence, protection orders, definitions clarified, notice of hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.

Summary

HB386 updates Alabama's domestic violence laws by clarifying definitions, strengthening protection orders, and tightening penalties and enforcement.

What This Bill Does

It clarifies definitions (including dating relationships and household members) and how protection orders work, including sworn petitions, notice of hearings, and service. It strengthens penalties for violations of protection orders, expands arrest and release/bail rules for domestic violence offenders, and updates provisions on domestic violence by strangulation or suffocation. It repeals a previous DV definition statute and addresses court and enforcement procedures, including victim notification and the DV protection order registry; the constitutional note explains local-funds considerations but the bill is treated as exempt due to defining a new crime or amending an existing one.

Who It Affects

• Domestic violence victims who gain clearer protections, faster notices, confidentiality protections, and safer court procedures intended to reduce risk.
• Domestic violence offenders and the agencies that enforce the law (police, courts, prosecutors) who face new or strengthened penalties, revised bail and release rules, and updated procedures for protection orders and arrest.

Key Provisions

• Clarifies definitions and repeals 13A-6-139.1, including definitions of dating relationships and household members.
• Revisions to protection orders: establishing sworn petitions, notice of hearings, service of process, non-mutual and separate orders, standardized forms, and access to protection orders through a registry.
• Penalties and enforcement: sets DV degrees with associated penalties, doubles minimum terms for willful violations of protection orders, and imposes a $50 fine for each DV protection order violation to be deposited in the Domestic Violence Trust Fund.
• Arrests and pretrial release: authorizes certain warrantless arrests for violations of protection orders, requires custody or rapid appearance before a judge for DV-related arrests, and allows judges to impose conditions of release to protect victims.
• Court procedures and victim protections: requires separate waiting areas for DV victims when possible, mandates victim rights and remedies notices, and requires notification to victims and law enforcement within set timeframes; creates automatic reporting to the Protection Order Registry and national data systems.
• Additional changes: addresses DV by strangulation or suffocation and updates related sections (e.g., 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8) to implement these clarifications and procedures.

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

Subjects

Domestic Violence