Section 30-5-5 - Standing to file sworn petition for protection order; disclosure of information; costs and fees, Ala. Code § 30-5-5 (2024)
(a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following: a. A minor child.b. Any person prevented by physical or mental incapacity from seeking a protection order.(b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks' offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting their case to the court.(c) A sworn petition shall allege the incidents of abuse, the specific facts and circ*mstances that form the basis upon which relief is sought, and that the plaintiff genuinely fears subsequent acts of abuse by the defendant.(d) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim's immediate family and to clearly provide law enforcement with sufficient directives.(e) Any plaintiff who files a petition under this chapter may do so through an attorney or may represent himself or herself throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.(f)(1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk's office: The plaintiff's home address and, if applicable, business address; a plaintiff's home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff's family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.(2) If disclosure of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.(3) If the plaintiff has not disclosed an address or telephone number under this section, the plaintiff shall satisfy one of the following requirements:a. Designate and provide to the court an alternative address.b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document.(g)(I) No court costs or fees shall be assessed for the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order or a petition for a protection order under this chapter.(2) No court costs or fees shall be assessed for the issuance of a witness subpoena under this chapter.(3) Costs and fees may be assessed against the defendant at the discretion of the court.
Ala. Code § 30-5-5 (1975)
Amended by Act 2023-321,§ 1, eff. 8/1/2023.Amended by Act 2019-252,§ 1, eff. 5/23/2019.Amended by Act 2015-493,§ 2, eff. 1/1/2016.Acts 1981, No. 81-476, p. 826, §5; Acts 1995, No. 95-542, p. 1126, §1; Act 2003-385, p. 1088, §1; Act 2010-538, p. 919, § 1.
As an expert in legal matters and statutes, my understanding and expertise encompass various aspects of the law, including the specific legal framework discussed in the provided article from the Alabama Code. The excerpt you've provided falls under the realm of protection orders and the legal procedures associated with filing for such orders in cases of abuse or imminent danger.
The highlighted section primarily deals with the eligibility and process for filing a protection order in Alabama, emphasizing the following key points:
Eligibility to File a Protection Order: It outlines who has the legal standing to file a sworn petition for a protection order. This includes individuals who are 18 years old or emancipated and are victims of abuse or have reasonable cause to believe they are in imminent danger of abuse. Additionally, it extends to certain parties, such as parents, legal guardians, or the State Department of Human Resources, who can file on behalf of minors or those incapable of seeking protection due to physical or mental incapacity.
Standardized Petitions and Filing Process: It mentions the availability of standardized petitions for filing protection orders through circuit clerks' offices. However, it specifies that the clerk's office cannot provide assistance in completing forms or presenting the case to the court.
Content of Sworn Petition: A sworn petition for a protection order must detail incidents of abuse, the specific facts forming the basis for seeking relief, and the genuine fear of subsequent abuse by the defendant.
Court Orders and Confidentiality: The court is directed not to issue mutual orders but separate orders detailing prohibited behavior to protect the victim and their immediate family. Additionally, it emphasizes the confidentiality of certain information, such as the plaintiff's address, family members' addresses, or shelter locations for victims of domestic violence, which should not be disclosed in court documents available to the public and the defendant.
Legal Representation and Court Costs: Plaintiffs have the right to represent themselves throughout the legal process or seek representation by an attorney. Moreover, it clarifies that no court costs or fees are to be assessed for various actions related to filing, modifying, enforcing, or dismissing protection orders. However, the court has the discretion to assess costs against the defendant.
The article specifies the legal procedures, requirements, and confidentiality measures involved in seeking and granting protection orders in Alabama, underscoring the importance of safeguarding victims of abuse and maintaining their privacy during legal proceedings.
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