Alabama Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse

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US-02224BG
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Description

Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.

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  • Preview Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
  • Preview Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
  • Preview Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse

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FAQ

The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim's immediate family and to clearly provide law enforcement with sufficient directives.

An ex parte protection order tells your abuser not to bother you. He shouldn't hit you, push you, shove you, harass you or intimidate you. It does not make him leave the house. It does not order him to stay so many feet from you.

Interference with custody is a Class C felony. A common defense to interference with custody is if the sole purpose is to assume lawful control of a child.

Restrain and enjoin the defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would place the plaintiff, minors, children of the plaintiff, or any other person designated by the court in reasonable fear of bodily injury or from contacting the plaintiff or children of the plaintiff.

(a) This chapter shall be known as and may be cited as the Protection From Abuse Act. (b) This chapter shall be liberally construed and applied to promote all of the following purposes: (1) To assure victims of domestic violence the maximum protection from abuse that the law can provide.

(1) Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall award rehabilitative alimony to the party for a limited duration, not to exceed five years, absent extraordinary circumstances, of an amount to enable the party to acquire the ability to preserve, to the extent possible, ...

30-3B-204(a) ? a court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

Alabama Code § 6-3-7(a) allows for civil actions against corporations to brought in any of the following counties: (1) county where a substantial part of the events or omissions giving rise to the claim occurred; or (2) county of the corporation's principal office in the state; or (3) county in which the plaintiff ...

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Alabama Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse