Back to Alabama overview
- Code of Alabama (select sections)
- 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-6-138. Domestic violence by strangulation or suffocation.
(a) For the purposes of this section, the following terms have the following meanings:
(1) Qualified relationship. The victim is a spouse, former spouse, parent, stepparent, child, stepchild, or a person with whom the defendant has a child in common, or with whom the defendant has or had a dating or engagement relationship within 10 months preceding this event.
(2) Strangulation. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
(3) Suffocation. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation as defined in this section.
(b) A person commits the crime of domestic violence by strangulation or suffocation if the person commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation against a person with whom the defendant has a qualified relationship.
(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.
(Act 2011-581, p. 1273, § 3.)