State Codes and Statutes

Statutes > Alabama > Title30 > Chapter5 > 30-5-4

Section 30-5-4

Remedies and relief; duty to inform court of pending proceedings, litigation, etc.; previous court orders; issuance of orders.

(a) The plaintiff's right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.

(b) At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty to inform the court of each pending proceeding for an order for protection, any pending civil litigation, each pending proceeding in family or juvenile court, each pending criminal case involving the parties, and any existing child custody or support order, including the case name, the file number, and the county and state of the proceeding, if that information is known to the party.

(c) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other available civil or criminal remedies. Plaintiffs shall not be barred from relief under this chapter because of other pending proceedings or existing judgments.

(d) The court shall not delay granting relief because of the existence of a pending action between the parties.

(e) Relief shall be available under this chapter without regard to whether the plaintiff has initiated divorce proceedings or sought other legal remedies.

(f) If child custody, visitation, or support have already been adjudicated, the terms of a previous court order may be incorporated into a protection order. Visitation arrangements specified in an existing order may be modified in a protection order for the purpose of preventing further abuse.

(g) Any protection order issued pursuant to this chapter shall be effective throughout the state and in all counties.

(h) Any protection order issued by the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state.

(Acts 1981, No. 81-476, p. 826, §4; Acts 1995, No. 95-542, p. 1126, §1.)

State Codes and Statutes

Statutes > Alabama > Title30 > Chapter5 > 30-5-4

Section 30-5-4

Remedies and relief; duty to inform court of pending proceedings, litigation, etc.; previous court orders; issuance of orders.

(a) The plaintiff's right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.

(b) At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty to inform the court of each pending proceeding for an order for protection, any pending civil litigation, each pending proceeding in family or juvenile court, each pending criminal case involving the parties, and any existing child custody or support order, including the case name, the file number, and the county and state of the proceeding, if that information is known to the party.

(c) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other available civil or criminal remedies. Plaintiffs shall not be barred from relief under this chapter because of other pending proceedings or existing judgments.

(d) The court shall not delay granting relief because of the existence of a pending action between the parties.

(e) Relief shall be available under this chapter without regard to whether the plaintiff has initiated divorce proceedings or sought other legal remedies.

(f) If child custody, visitation, or support have already been adjudicated, the terms of a previous court order may be incorporated into a protection order. Visitation arrangements specified in an existing order may be modified in a protection order for the purpose of preventing further abuse.

(g) Any protection order issued pursuant to this chapter shall be effective throughout the state and in all counties.

(h) Any protection order issued by the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state.

(Acts 1981, No. 81-476, p. 826, §4; Acts 1995, No. 95-542, p. 1126, §1.)

State Codes and Statutes

State Codes and Statutes

Statutes > Alabama > Title30 > Chapter5 > 30-5-4

Section 30-5-4

Remedies and relief; duty to inform court of pending proceedings, litigation, etc.; previous court orders; issuance of orders.

(a) The plaintiff's right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.

(b) At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty to inform the court of each pending proceeding for an order for protection, any pending civil litigation, each pending proceeding in family or juvenile court, each pending criminal case involving the parties, and any existing child custody or support order, including the case name, the file number, and the county and state of the proceeding, if that information is known to the party.

(c) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other available civil or criminal remedies. Plaintiffs shall not be barred from relief under this chapter because of other pending proceedings or existing judgments.

(d) The court shall not delay granting relief because of the existence of a pending action between the parties.

(e) Relief shall be available under this chapter without regard to whether the plaintiff has initiated divorce proceedings or sought other legal remedies.

(f) If child custody, visitation, or support have already been adjudicated, the terms of a previous court order may be incorporated into a protection order. Visitation arrangements specified in an existing order may be modified in a protection order for the purpose of preventing further abuse.

(g) Any protection order issued pursuant to this chapter shall be effective throughout the state and in all counties.

(h) Any protection order issued by the court of another state shall be accorded full faith and credit and enforced as if it were an order of this state.

(Acts 1981, No. 81-476, p. 826, §4; Acts 1995, No. 95-542, p. 1126, §1.)