Back to Alabama overview
- Code of Alabama (select sections)
- Title 12. Courts
- Chapter 25. Alabama Sentencing Commission
- Article 2. Alabama Sentencing Reform Act of 2003
- Title 13A. Criminal Code
- Chapter 1. General Provisions
- Chapter 6. Offenses Involving Danger to the Person
- Article 2. Assaults
- Article 3. Kidnapping, Unlawful Imprisonment, and Related Offenses
- Article 4. Sexual Offenses
- Article 5. Stalking and Aggravated Stalking
- Article 7. Domestic Violence and Related Offenses
- Article 7A. Domestic Violence Protection Order Enforcement Act
- Chapter 7. Offenses Involving Damage to and Intrusion Upon Property
- Article 1. Burglary and Criminal Trespass
- Chapter 11. Offenses Against Order and Safety
- Article 1. Offenses Against Public Order and Decency
- Article 3. Offenses Relating to Firearms and Weapons
- Title 30. Marital and Domestic Relations
- Chapter 3. Child Custody and Support
- Article 1. General Provisions.
- Article 6. Custody and Domestic or Family Abuse
- Article 7. Joint Custody.
- Article 7A. Alabama Parent-Child Relationship Protection Act
- Chapter 3B. Uniform Child Custody Jurisdiction and Enforcement Act
- Article 1. General Provisions
- Article 2. Jurisdiction
- Article 3. Enforcement.
- Article 4. Miscellaneous Provisions.
- Chapter 5. Protection from Abuse.
- Section 30-5-1. Short title; construction; purposes.
- Section 30-5-2. Definitions.
- Section 30-5-3. Jurisdiction; how order may be obtained; venue; when final order not issued; residency.
- Section 30-5-4. Remedies and relief; duty to inform court of pending proceedings, litigation, etc.; previous court orders; issuance of orders.
- Section 30-5-5. Petitions, motions, etc. - Filing, forms, contents, costs.
- Section 30-5-6. Hearing on petition; right to counsel; temporary orders.
- Section 30-5-7. Orders for protection or modification - Authorized, issuance, relief, time, amendment, etc.
- Section 30-5-8. Copies of order issued to certain persons; notice of penalties on order.
- Section 30-5-11. Construction of chapter.
- Chapter 5A. Family Violence Protection Order Enforcement Act.
- Chapter 5B. Uniform Interstate Enforcement of Domestic Violence Protection Orders.
Article 7. Domestic Violence and Related Offenses
back to topSection 13A-6-132. Domestic violence -- Third degree.
(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim 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 in the third degree is a Class A misdemeanor.
(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
(d) A third or subsequent conviction under subsection (a) is a Class C felony.
(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
(Act 2000-266, p. 411, § 3; Act 2011-581, p. 1273, § 1.)