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Legal Statutes: Alabama

UPDATED July 28, 2016

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Chapter 5. Protection from Abuse.

back to topSection 30-5-8. Copies of order issued to certain persons; notice of penalties on order.

(a)(1) A copy of the notice of hearing or any order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided the plaintiff provides the court with current and accurate contact information, and to the law enforcement officials with jurisdiction to enforce the order. The clerk of the court may furnish a certified copy of the notice of hearing or final protection order, if any, electronically.

(2) A copy of any notice of hearing or order under this chapter shall be issued to the defendant as soon as possible pursuant toRule 4 of the Alabama Rules of Civil Procedure.

(3) Certain information in these orders shall be entered in the Protection Order Registry of the Administrative Office of Courts and shall be electronically transmitted to the Alabama Law Enforcement Agency for entry into the National Crime Information Center, the National Law Enforcement Telecommunication System, and the Law Enforcement Tactical System. Such information shall include, but is not limited to, information as to the existence and status of any protection orders for verification purposes.

(b) Ex parte and final protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.

(c) Within 24 hours after issuance of a protection order, the clerk of court shall forward the written proof of service of process and a copy of the protection order to the law enforcement agency with jurisdiction over the residence of the plaintiff. The information shall be entered into the Protection Order Registry of the Administrative Office of Courts and shall be electronically transmitted to the Alabama Law Enforcement Agency for entry into the National Crime Information Center, the National Law Enforcement Telecommunication System, and the Law Enforcement Tactical System.

(d) If a court vacates or modifies a protection order, notice shall be sent within 24 hours to the plaintiff, provided that the plaintiff provides the court with current and accurate contact information, to the defendant, and to the law enforcement officials with jurisdiction to enforce the order.

(e)(1) The Alabama Law Enforcement Agency shall develop an automated process by which a plaintiff may request notification of service of the protection order and other court actions related to the protection order. The automated notice shall be made within 12 hours after a law enforcement officer serves a protection order upon the defendant. The notification shall include, at a minimum, the date, time, and where the protection order was served. The information identifying the plaintiff referenced under subdivision (2) shall be exempt from public records requirements in Section 36-12-40.

(2) Upon implementation of the automated process, information held by the clerks and law enforcement agencies in conjunction with this process that reveals a home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a plaintiff requesting notification of service of a protection order or other court actions is exempt from Section 36-12-40. Notwithstanding the provisions of this subsection, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted access in the furtherance of the agency's statutory duties.

(f) In addition to any other fine or penalty provided by law, the defendant shall pay an additional fine of fifty dollars ($50) for a violation of a protection order. On a monthly basis, the clerk of the court shall transfer the additional fines collected pursuant to this subsection to the State Treasury for deposit in the Domestic Violence Trust Fund, established by Section 30-6-11.

(Acts 1981, No. 81-476, p. 826, § 8; Acts 1995, No. 95-542, p. 1126, § 1; Act 2010-538, p. 919, § 1; Act 2015-493, § 2.)