Section 30-5-2

Definitions.

(a) In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) ABUSE. The occurrence of one or more of the following acts, attempts, or threats between family or household members, as defined by this chapter:

a. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.

b. Attempt. With the intent to commit any crime under this section or any other criminal act under the laws of this state, performing any overt act towards the commission of the offense.

c. Child abuse. Abusing minor children as defined under Chapter 15 (commencing with Section 26-15-1) of Title 26, known as "The Alabama Child Abuse Act."

d. Criminal coercion. Criminal coercion as defined under Section 13A-6-25.

e. Harassment. Harassment as defined under Section 13A-11-8.

f. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.

g. Menacing. Menacing as defined under Section 13A-6-23.

h. Other conduct. Any other conduct directed toward a member of the protected class covered by this chapter that could be punished as a criminal act under the laws of this state.

i. Reckless endangerment. Reckless endangerment as defined under Section 13A-6-24.

j. Sexual abuse. Any sex offenses included in Article 4 (commencing with Section 13A-6-60) of Chapter 6 of Title 13A.

k. Stalking. Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.

l. Theft. Knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another.

m. Trespass. Entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person.

n. Unlawful imprisonment. Unlawful imprisonment as defined under Sections 13A-6-41 and 13A-6-42.

(2) ADULT. Any person 19 years of age or older, or who otherwise is emancipated.

(3) COURT. The circuit court, or when the circuit court judge is unavailable, the district court.

(4) FAMILY OR HOUSEHOLD MEMBERS. A spouse, former spouse, parent, child, or any other person related within the 6th degree consanguinity or affinity or common-law marriage, a person with whom the plaintiff has a child in common, or a present or former household member.

(5) PLAINTIFF. For the purposes of this chapter, the term plaintiff is inclusive of the categories of eligible plaintiffs listed below:

a. Any eligible adult who has sought relief under this chapter for himself or herself.

b. Any adult relative, household member, guardian, or custodian who seeks relief on behalf of any of the following persons by filing a petition with any court having jurisdiction alleging abuse by the defendant:

1. A minor or minor child.

2. Any person prevented by physical or mental incapacity from seeking a protection order.

(6) PROTECTION ORDER. Any order of protection issued under this chapter for the purpose of preventing acts of abuse as defined in this chapter. The term refers to both ex parte and final orders issued by the court, whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(b) Terms not otherwise defined by this chapter shall have the meaning given to them in Title 13A, (commencing with Section 13A-1-1), known as the Alabama Criminal Code or other provisions of law, as the case may be.

(Acts 1981, No. 81-476, p. 826, §2; Acts 1995, No. 95-542, p. 1126, §1.)