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Legal Information: Alabama

Statutes: Alabama

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Updated: 
January 6, 2020

38-9F-8. Ex parte relief

(a) If it appears from a petition for an elder abuse protection order or a petition to modify an elder abuse protection order that elder abuse has occurred or a modification is warranted, the court may do either of the following:

(1) Without notice or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte elder abuse protection order as it deems necessary.

(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an elder abuse protection order after a hearing whether or not the defendant appears.

(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of the following ex parte forms of relief without prior notice to the defendant or a hearing:

(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against the plaintiff and any other individual designated by the court.

(2) Restrain and enjoin the defendant from harassing, stalking, annoying, telephoning, contacting, or otherwise communicating, either directly or indirectly, with the plaintiff or threatening or engaging in conduct that would place the plaintiff or any other individual designated by the court in reasonable fear of bodily injury.

(3) Order the defendant to stay away from the plaintiff’s residence, place of employment, or any specified place frequented by the plaintiff that the defendant has no legitimate reason to frequent.

(4) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.

(5) Order possession and use of an automobile or other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the plaintiff or other specified locations as necessary to protect the plaintiff from abuse.

(6) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties or in which the plaintiff had an ownership interest within the last 12 months.

(7) Prohibit the defendant from transferring the funds, benefits, property, resources, belongings, or assets of the plaintiff to any person other than the plaintiff.

(8) Direct the defendant to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the plaintiff.

(9) Require the defendant to provide an accounting of the disposition of the plaintiff’s income and other resources, and of the plaintiff’s debts and expenses.

(10) Restrain the defendant from exercising any powers the defendant has been granted as the plaintiff’s agent under power of attorney.

(11) Require the defendant to comply with the instructions of the plaintiff’s guardian, conservator, or agent under power of attorney.

(12) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff and any individual designated by the court.

(c) The court may grant one or more of the following forms of relief in a final order after notice and hearing:

(1) Grant the relief available in subsection (b).

(2) Require the defendant to return custody or control of the funds, benefits, property, resources, belongings, or assets to the plaintiff.

(3) Order restitution.

(4) Prohibit the defendant from possessing a firearm or other weapon specified by the court, except when the weapon is necessary for employment as a law enforcement officer or military personnel.

(5) Order the defendant to pay attorneys’ fees and court costs.

(d) Any temporary ex parte protection order issued pursuant to this chapter shall remain in effect until the final order is entered.

(e) Any final elder abuse protection order shall be of permanent duration unless otherwise specified by the court.

(f) An elder abuse protection order may not affect in any manner title to real property.