WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.

Legal Information: Alabama

Statutes: Alabama

View all
Updated: 
January 6, 2020

38-9F-3. Definitions

For purposes of this chapter the following terms shall have the following meanings:

(1) CAREGIVER. The term as defined in Section 13A-6-191.

(2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person:

a. Abuse, as defined in Section 38-9-2.

b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive.

c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, inclusive.

d. Criminal coercion, as defined in Section 13A-6-25.

e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive.

f. Emotional abuse, as defined in Section 13A-6-191.

g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171.

h. Harassment, as defined in Section 13A-11-8.

i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.

j. Menacing, as defined in Section 13A-6-23.

k. Reckless endangerment, as defined in Section 13A-6-24.

l. Sexual abuse, as defined as any of the acts in Sections 13A-6-60 to 13A-6-68.

m. Stalking, as defined in Sections 13A-6-90 to 13A-6-91.1, inclusive.

n. Theft, as defined in Sections 13A-8-2 to 13A-8-5, inclusive.

o. Unlawful imprisonment, as defined in Sections 13A-6-41 and 13A-6-42.

(3) ELDER ABUSE PROTECTION ORDER or PROTECTION ORDER. An order issued pursuant to this chapter including all of the following:

a. A restraining order, injunctive order, or order of release from custody issued by a circuit, district, municipal, or probate court that seeks to protect an elderly person.

b. An order issued by a circuit, district, or municipal court that places conditions on the pre-trial release of a defendant in a criminal case, which may include provisions of bail pursuant to Section 15-13-190 that seeks to protect an elderly person.

(4) ELDERLY PERSON. A person 60 years of age or older.

(5) PLAINTIFF. An elderly person in need of protection from elder abuse.

(6) THREAT. Any word or action, expressed or implied, made to cause a plaintiff to fear for his or her safety or for the safety of another person.

(7) VIOLATION. The knowing commission of any act or conduct prohibited by an elder abuse protection order or any willful failure to abide by its terms.