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| Alabama Domestic Violence Laws |
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PFA, Overview | PFA FAQs | PFA Form | AL DV Laws | Legal Services | Legislative Agenda
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ALABAMA DOMESTIC VIOLENCE CRIMINAL LAWS
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Domestic Violence First Degree {See §13A-6-130 Ala. Code 1975}
- Commits Assault 1 (§13A-6-20) AND has qualified relationship with the victim.
- Qualified relationship is a current or former spouse, current or former household member, child, parent, have child in common, or involved in dating/engagement relationship with offender.
- Class A Felony
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Domestic Violence Second Degree {See §13A-6-131 Ala. Code 1975}
- Commits Assault 2 (§13A-6-21) AND has qualified relationship with victim.
- Class B felony
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Domestic Violence Third Degree {See §13A-6-132 Ala. Code 1975}
- Commits Assault 3 (§13A-6-22), Menacing (§13A-6-23), Reckless Endangerment (§13A-6-24), Criminal Coercion (§13A-6-25), Harassment {§13A-11-8(a)}, AND has qualified relationship with victim.
- Class A Misdemeanor
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Protection Order Violations {See §30-5-9 & §30-5A-3, 4 Ala. Code 1975}
- A willful violation of a protection order is a Class A misdemeanor and the officer may arrest without a warrant.
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Warrantless Arrest {See §15-10-3 (8) Ala. Code 1975}
- When an offense involves domestic violence and the arrest is based on probable cause regardless of whether the offense is a felony or misdemeanor, an officer may arrest a person without a warrant.
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Holding Period Required Before Release {See §15-13-190 Ala. Code 1975}
- Offender may not be admitted to bail until after an appearance before a judge or magistrate within 12 hours of the arrest and if the person is not taken before a judge or magistrate within 12 hours, he or she shall be released on bail. Prior to the release of the person, the judge or magistrate shall review the facts of the arrest to determine whether the person is a threat to the alleged victim, is a threat to public safety, and is reasonably likely to appear in court.
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Primary Aggressor Determination {See §13A-6-134 Ala. Code 1975}
- If law enforcement officer receives complaints from two parties, the officer shall evaluate each complaint separately to determine who was the primary aggressor and need not arrest the other person alleged to have committed domestic violence. The officer shall consider: prior complaints, relative injuries, likelihood of future injuries, and who may have acted in self-defense.
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If you are in crisis and need assistance, please call the 24 hour, 7 day-a-week hotline number 1-800-650-6522 |
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