SB322 Alabama 2018 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Clay Scofield
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hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.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: SB 322 updates Alabama's domestic violence laws by clarifying definitions, improving protection order procedures, strengthening penalties, and revising related enforcement provisions.
What This Bill Does
It clarifies key terms such as dating relationships and household members and repeals 13A-6-139.1. It amends multiple sections to improve sworn petitions, notice of hearings, service of process, and recording of protection orders. It strengthens penalties for violations of protection orders, expands arrest without warrants for such violations, and tightens release and bail rules for domestic violence offenders. It also updates the law on domestic violence by strangulation or suffocation, and creates enhanced notification and registry requirements, with immediate effect and exemptions related to local funds rules.

Who It Affects
Domestic violence victims and petitioners, who gain clearer definitions, better notice/ service processes, privacy protections, and court procedures designed to protect them.
Domestic violence offenders, law enforcement, and the courts, who face clearer arrest authorities, stricter penalties (including minimum terms for repeat violations), release/bail conditions, and updated enforcement mechanisms (registry and notification requirements).

Key Provisions
Clarifies definitions including dating relationship and household member; repeals Section 13A-6-139.1.
Amends Sections 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, and 30-5-8 to improve protection order provisions.
Provides requirements for sworn petitions for protection orders (specific facts, fear of abuse) and clarifies notice of hearing and service of process, plus separate orders rather than mutual orders.
Strengthens penalties for violation of protection orders, including minimum imprisonment terms for repeat offenses and a $50 statutory fine to be deposited in the Domestic Violence Trust Fund.
Expands arrests without warrants for violations of protection orders and details procedures related to release and bail of domestic violence offenders, including conditional release with protective conditions.
Revises provisions related to domestic violence by strangulation or suffocation (definitions and offense classification as a Class B felony).
Enhances protection-order enforcement through the Protection Order Registry, required reporting/ transmission to law enforcement and national databases, and automated victim notification timelines (including 12-hour notification after ex parte orders).
Implements court procedures to protect victims in court (separate waiting areas or minimized contact) and enhances privacy protections for victims’ addresses/contacts in court records.
No court costs shall be charged for filing/serving protection orders or related actions; a $50 fine for protection-order violations is allocated to the Domestic Violence Trust Fund.
Addresses constitutional local-funds expenditure considerations (exclusion under Amendment 621) and states the act becomes effective immediately upon governor's signature.

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