Alabama Code Title 30. Marital and Domestic Relations § 30-5-6

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service.  A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence.  If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.

(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff or children from abuse, or the immediate and present danger of abuse to the plaintiff or children, upon good cause shown.  The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition.  Any granted temporary ex parte protection order shall be effective until the final hearing date.

(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.

Cite this article: FindLaw.com - Alabama Code Title 30. Marital and Domestic Relations § 30-5-6 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-30-marital-and-domestic-relations/al-code-sect-30-5-6.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard