Definitions of Domestic Violence - Alabama

Date:

Defined in Domestic Violence Civil Laws

Citation: Ala. Code § 30-5-2

In this chapter (concerning the issuance of civil protection orders), the term 'abuse' means an act committed against a victim, including the following:

  • Arson, as defined under §§ 13A-7-40 to 13A-7-43
  • Assault, as defined under §§ 13A-6-20 to 13A-6-22
  • Attempt, as defined under § 13A-4-2
  • Child abuse, which means the torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in title 26, chapter 15
  • Criminal coercion, as defined under § 13A-6-25
  • Criminal trespass, as defined under §§ 13A-7-2 to 13A-7-4.1, inclusive
  • Harassment, as defined under § 13A-11-8
  • Kidnapping, as defined under §§ 13A-6-43 and 13A-6-44
  • Menacing, as defined under § 13A-6-23
  • Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state
  • Reckless endangerment, as defined under § 13A-6-24
  • Any sexual offenses, as defined under title 13A, chapter 6, article 4
  • Stalking, as defined under §§ 13A-6-90 to 13A-6-94
  • Theft, as defined under §§ 13A-8-1 to 13A-8-5, inclusive
  • Unlawful imprisonment, as defined under §§ 13A-6-41 and 13A-6-42

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ala. Code §§ 13A-6-130; 13A-6-131; 13A-6-132

A person commits the crime of domestic violence in the first degree if the person commits against a household member any of the following crimes:

  • Assault in the first degree
  • Aggravated stalking
  • Burglary in the first degree

A person commits the crime of domestic violence in the second degree if the person commits against a household member any of the following crimes:

  • Assault in the second degree
  • Intimidating a witness
  • Stalking
  • Burglary in the second or third degree
  • Criminal mischief

A person commits domestic violence in the third degree if the person commits against a household member any of the following crimes:

  • Assault in the third degree
  • Menacing
  • Reckless endangerment
  • Criminal coercion
  • Harassment
  • Criminal surveillance
  • Harassing communications
  • Criminal trespass in the third degree
  • Criminal mischief in the second or third degree
  • Arson in the third degree

Persons Included in the Definition

Citation: Ala. Code §§ 13A-6-130; 30-5-2

In criminal law: The term 'household member' includes a current or former spouse, parent, stepparent, child, stepchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. For the purposes of this section, a household member excludes nonromantic or nonintimate coresidents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.

In civil law: A 'victim' is an individual who is related in any of the following ways to the person who commits an act of abuse:

  • Has a current or former marriage, including common law marriage, with the defendant
  • Has a child in common with the defendant regardless of whether the victim and defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household
  • Has or had a dating relationship with the defendant
  • Is a current or former household member
  • Is a relative of a current or former household member who also lived with the defendant
  • Is an individual who is a parent, stepparent, child, or stepchild

A 'dating relationship' is a relationship or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party. A dating relationship includes the period of engagement to be married. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.