Alabama has several laws to provide for legal protection for victims of domestic violence and their children, and to prosecute of abusers. These laws are described briefly; for more information, contact your local shelter member program or an attorney with Legal Services.
Crime Victims' Act:
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.
Mediation
Requires mediation 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.
Warrantless Arrest
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.
Child Abuse
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.
Child Custody
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.
Harassment
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.
Stalking
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.
DOMESTIC VIOLENCE HOTLINE 1-800-650-6522
