LegalFix

Section 30-5-8 - Copies of order issued to certain persons; format of order.

AL Code § 30-5-8 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)(1) A copy of the notice of hearing or any order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided the plaintiff provides the court with current and accurate contact information, and to the law enforcement officials with jurisdiction to enforce the order. The clerk of the court may furnish a certified copy of the notice of hearing or final protection order, if any, electronically.

(2) A copy of any notice of hearing or order under this chapter shall be issued to the defendant as soon as possible pursuant to Rule 4 of the Alabama Rules of Civil Procedure.

(3) Certain information in these orders shall be entered in the Protection Order Registry of the Administrative Office of Courts and shall be electronically transmitted to the Alabama State Law Enforcement Agency for entry into the National Crime Information Center, the National Law Enforcement Telecommunication System, and the Law Enforcement Tactical System. Such information shall include, but is not limited to, information as to the existence and status of any protection orders for verification purposes.

(b) Ex parte and final protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.

(c) Within 24 hours after issuance of a protection order, the clerk of court shall forward the written proof of service of process and a copy of the protection order to the law enforcement agency with jurisdiction over the residence of the plaintiff. The information shall be entered into the Protection Order Registry of the Administrative Office of Courts and shall be electronically transmitted to the Alabama State Law Enforcement Agency for entry into the National Crime Information Center, the National Law Enforcement Telecommunication System, and the Law Enforcement Tactical System.

(d) If a court vacates or modifies a protection order, notice shall be sent within 24 hours to the plaintiff, provided that the plaintiff provides the court with current and accurate contact information, to the defendant, and to the law enforcement officials with jurisdiction to enforce the order.

(e)(1) The Alabama State Law Enforcement Agency shall develop an automated process by which a plaintiff may request notification of service of the protection order and other court actions related to the protection order. The automated notice shall be made within 12 hours after a law enforcement officer serves a protection order upon the defendant. The notification shall include, at a minimum, the date, time, and where the protection order was served. The information identifying the plaintiff referenced under subdivision (2) shall be exempt from public records requirements in Section 36-12-40.

(2) Upon implementation of the automated process, information held by the clerks and law enforcement agencies in conjunction with this process that reveals a home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a plaintiff requesting notification of service of a protection order or other court actions is exempt from Section 36-12-40. Notwithstanding the provisions of this subsection, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted access in the furtherance of the agency's statutory duties.

(f) In addition to any other fine or penalty provided by law, the defendant shall pay an additional fine of fifty dollars ($50) for a violation of a protection order. On a monthly basis, the clerk of the court shall transfer the additional fines collected pursuant to this subsection to the State Treasury for deposit in the Domestic Violence Trust Fund, established by Section 30-6-11.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 30-5-8 - Copies of order issued to certain persons; format of order.