State Codes and Statutes

Statutes > Alabama > Title30 > Chapter5A > 30-5A-2

Section 30-5A-2

Definitions.

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) FAMILY VIOLENCE. The definition provided in Section 15-10-3, in pari materia with the definition provided for "abuse" in Sections 30-5-1 to 30-5-11, inclusive.

(2) JUDGE. The judge presiding in a court having jurisdiction over the defendant for violation of this chapter and shall include a duly appointed magistrate conducting initial appearances pursuant to the Alabama Rules of Criminal Procedure or Juvenile Procedure.

(3) PROTECTION ORDER or RESTRAINING ORDER. Any order of a court of competent jurisdiction, whether or not located in this state, the purpose of which is to prohibit a person from committing any or all of the following acts: harass, annoy, alarm, intimidate, assault, communicate with, or otherwise bother another person. This definition shall include, but not be limited to, protection orders issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, and restraining orders or injunctions issued in domestic relations, family violence or juvenile cases in accordance with the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure, or both, and other applicable statutes and court rules. Restraining or protection orders not issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.

(Acts 1993, No. 93-325, p. 495, §2.)

State Codes and Statutes

Statutes > Alabama > Title30 > Chapter5A > 30-5A-2

Section 30-5A-2

Definitions.

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) FAMILY VIOLENCE. The definition provided in Section 15-10-3, in pari materia with the definition provided for "abuse" in Sections 30-5-1 to 30-5-11, inclusive.

(2) JUDGE. The judge presiding in a court having jurisdiction over the defendant for violation of this chapter and shall include a duly appointed magistrate conducting initial appearances pursuant to the Alabama Rules of Criminal Procedure or Juvenile Procedure.

(3) PROTECTION ORDER or RESTRAINING ORDER. Any order of a court of competent jurisdiction, whether or not located in this state, the purpose of which is to prohibit a person from committing any or all of the following acts: harass, annoy, alarm, intimidate, assault, communicate with, or otherwise bother another person. This definition shall include, but not be limited to, protection orders issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, and restraining orders or injunctions issued in domestic relations, family violence or juvenile cases in accordance with the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure, or both, and other applicable statutes and court rules. Restraining or protection orders not issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.

(Acts 1993, No. 93-325, p. 495, §2.)

State Codes and Statutes

State Codes and Statutes

Statutes > Alabama > Title30 > Chapter5A > 30-5A-2

Section 30-5A-2

Definitions.

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) FAMILY VIOLENCE. The definition provided in Section 15-10-3, in pari materia with the definition provided for "abuse" in Sections 30-5-1 to 30-5-11, inclusive.

(2) JUDGE. The judge presiding in a court having jurisdiction over the defendant for violation of this chapter and shall include a duly appointed magistrate conducting initial appearances pursuant to the Alabama Rules of Criminal Procedure or Juvenile Procedure.

(3) PROTECTION ORDER or RESTRAINING ORDER. Any order of a court of competent jurisdiction, whether or not located in this state, the purpose of which is to prohibit a person from committing any or all of the following acts: harass, annoy, alarm, intimidate, assault, communicate with, or otherwise bother another person. This definition shall include, but not be limited to, protection orders issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, and restraining orders or injunctions issued in domestic relations, family violence or juvenile cases in accordance with the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure, or both, and other applicable statutes and court rules. Restraining or protection orders not issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.

(Acts 1993, No. 93-325, p. 495, §2.)