Alabama Domestic Violence Overview

Under Alabama law, domestic violence occurs when crimes such as harassment, assault, menacing, reckless endangerment, or coercion are committed against a victim who is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence can be at the level of a misdemeanor or a felony, depending on the circumstances and level of assault.

Mediation may be required before trial in some instances. Mediation is defined as "a process in which a neutral third party assists the parties to a civil action in reaching their own settlement, but does not have the authority to force the parties to accept a binding decision." Mediation can be ordered in divorce cases. The decision to mediate may come from the court itself, or by request of one or both parties. The judge cannot order mediation if there is evidence of domestic violence, so, if you have been abused, it is important to tell the judge about the violence.

The police can arrest your abuser in certain instances, without having to first get a legal document at the courthouse to authorize the arrest. One such occasion for a warrantless arrest is when an offense involves domestic violence and the arrest is based on probable cause. (This means that there was a reasonable belief that the crime was committed). Under these circumstances, it does not matter whether the offense was a felony or a misdemeanor.

If a child under 18 years of ages is abused by a parent, stepparent, adoptive parent, guardian, or custodian, the abuser can be punished by imprisonment no less than 1 year and no more than 10 years.

In child custody proceedings, the judge must consider the safety of the child and the parent who is a domestic violence victim; and the abuser's history of violence. The judge can create certain conditions if awarding visitation rights to the abuser. These conditions may include: ordering supervised visitation, ordering the abuser to attend counseling, prohibiting overnight visitation, etc. There is also a rebuttable presumption that it's in the best interests of the child to live with the parent who is not the abuser.

It's "harassment" for your abuser to annoy or alarm you by physically hurting you and using obscene language or gestures. Harassment also includes verbal or nonverbal threats made with intent to carry out the threat that would cause you to fear for your life. Your abuser can be arrested for harassing you.

It is called stalking if your abuser intentionally and repeatedly follows or harasses you and makes a threat to place you in fear of death or serious bodily harm. If along with this crime, your abuser is also violating a court order-- it is "aggravated stalking." Both of these crimes are considered felonies, and there are penalties which apply to the abuser. If you think you have been stalked, contact the police department and the district attorney.

A victim of domestic violence used to be able to file a report with the police without making a request for the perpetrator to be put in jail. Often a report would be filed as a victim hoped that their partner would realize the seriousness of their actions and stop the violence before an arrest could be made. If an arrest was made, the accused could post bond and be back home within a few hours. As of August 2000, a report of domestic violence results in the perpetrator being held for at least 12 hours to cool off; reducing tensions in the household and providing time for a victim to find safety in a shelter or with friends before the abuser is released.

This act prohibits insurance discrimination against victims of domestic violence. Abusers often seriously injure their partners, who then require medical treatment. Abusers also damage the victim's property, particularly items valued personally, and items needed to support themselves and their children including the home, car, books, work tools, and clothing. In the past, insurance companies have often denied insurance claims resulting from domestic violence, or canceled insurance of a victim who filed a claim on medical injuries or property damage caused by an abusive partner. This law makes it illegal for insurance providers to use a person's status as a domestic violence victim to deny insurance or deny coverage for injuries and damages suffered from the hands of an abusive partner. It also makes provision for victims to continue the insurance policy after separating from the abuser. To reduce motivation for domestic homicide, the Act permits life insurers to deny life insurance applications taken on a victim by the abuser.

Requires a law enforcement agency to provide information to you (as a victim of domestic violence) within 72 hours. This information includes things such as emergency and crisis services; victims' compensation; criminal prosecution; and victims' rights. Also lists various rights of the victim throughout trial proceedings, including the right to give notice when an abuser is released on bail or after serving his sentence. You must, however, request this notice from the police or court clerk.

Specific Domestic Violence Statutes in Alabama

The Code of Alabama 1975. Title 30. Marital and Domestic Relations.

• Chapter 5. Protection from Abuse.
  
• Chapter 5A. Family Violence Protection Order Enforcement Act.
  
• Chapter 5B. Uniform Interstate Enforcement of Domestic Violence Protection Orders.
  

Title 13A Criminal Code, Article 7 Domestic Violence

• Section 13A-6-130: Domestic violence - First degree.
  
• Section 13A-6-131: Domestic Violence - Second Degree
  
• Section 13A-6-132: Domestic violence - Third degree
  
• Section 13A-6-133: Arrest without warrant - Generally
  
• Section 13A-6-134: Arrest without warrant - Determination of primary aggressor
  
• Section 13A-6-135: Relation to abuse laws
  
• Section 13A-6-136: Relation to domestic or family abuse laws