Alabama Domestic Violence Laws Overview

(For Informational Purposes Only - Not Legal Advice)

Disclaimer: This handout is provided for educational purposes only and is not legal advice. Laws may change at any time, and while we strive to keep this information current, we cannot guarantee accuracy or completeness. For specific legal questions or up-to-date guidance, please consult an attorney or your local court.

Definition

In Alabama, domestic violence occurs when certain crimes, such as assault, harassment, stalking, or trespassing are committed against a person with whom the offender has a qualifying relationship:

  • Current or former spouse (including common-law marriage)

  • Person with whom the offender shares a child

  • Parent, child, step-parent, step-child, grandparent

  • Current or former household member

  • Current or former dating partner

Degrees of Domestic Violence

First Degree

  • Crimes: 1st-degree assault, aggravated stalking, burglary

  • Classification: Class A felony

  • Penalty: Up to life in prison; minimum 1 year (doubled if in front of a child under 14 or in violation of a protection order)

Second Degree

  • Crimes: 2nd-degree assault, stalking, burglary, criminal mischief

  • Classification: Class B felony

  • Penalty: 2–20 years; minimum 6 months (doubled if child present or protection order violation)

Third Degree

  • Crimes: 3rd-degree assault, harassment, menacing, trespass, arson

  • Classification: Class A misdemeanor (up to 1 year in jail)

  • Repeat offenses:

    • Second conviction = at least 10 days jail

    • Third or more convictions = Class C felony


Protection from Abuse Orders (PFAs)

A Protection from Abuse (PFA) order is a civil court order to help keep victims safe.

  • Emergency (Ex Parte) Order: May be granted the same day, without the abuser present

  • Final Order: Issued after a court hearing, can last longer and provide stronger protections

PFAs can order:
✔ Stop threats, abuse, and harassment
✔ Require the abuser to stay away from your home, job, or school
✔ Give temporary custody or visitation arrangements
✔ Require payment of child support or bills
✔ Prohibit firearm possession

Penalties for Violating a PFA

  • First Violation: Class A misdemeanor; minimum 30 days in jail

  • Second Violation: Class A misdemeanor; minimum 30 days in jail (no suspension)

  • Third or More Violations: Class C felony

Firearm Restrictions

  • State and federal law prohibit firearm possession for anyone convicted of any domestic violence crime (felony or misdemeanor).

  • Firearms may also be ordered surrendered as part of a PFA.

Other Forms of Abuse Recognized

Beyond physical violence, courts may also recognize:

  • Emotional / psychological abuse

  • Financial abuse

  • Technological abuse (cyberstalking, tracking)

  • Reproductive coercion

  • Sexual exploitation

Resources

  • Emergency: Call 911

  • National Domestic Violence Hotline: 1-800-799-SAFE (7233)

  • Alabama Coalition Against Domestic Violence (ACADV): 334-832-4842 | www.acadv.org

  • Local Services: See our Home page for resources