Alabama Domestic Violence

Domestic violence laws in Alabama make it a crime to abuse or use physical force or violence against a person with whom you have a certain relationship, including a current or former spouse, dating partner or fiancé, a parent, a child, or any other close relative or household member. Even threats of abuse, intimidation or harassment can result in a domestic violence arrest in Alabama, if the behavior involves a husband and wife, parent and child, or a couple in a dating or engagement relationship. If you have been charged with the crime of domestic violence in Alabama, or if you are facing accusations of physical abuse or threats of abuse, do not wait to seek legal help from a qualified Alabama domestic violence defense attorney. You could be facing serious, long-lasting criminal penalties if you are convicted of the crime, and a good defense attorney will do everything in his or her power to prevent that from happening.

Alabama Domestic Violence Laws

Alabama law defines domestic violence as any act of abuse, assault, harassment, threats or the attempts to commit such acts, where “the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship […] with the defendant.” The state of Alabama takes claims of domestic violence extremely seriously and allegations of abuse between domestic partners or family members are typically aggressively prosecuted. Under Alabama law, domestic violence charges are broken up into three different categories based on the severity of the alleged abuse: domestic violence in the first degree, domestic violence in the second degree and domestic violence in the third degree. The law also recognizes the separate crime of domestic violence by strangulation or suffocation.

Domestic Violence – First Degree

Under AL Code § 13A-6-130, charges of domestic violence in the first degree can be brought against a defendant accused of committing either of the following crimes against a person with whom the defendant shares a certain relationship, as defined by the statute:

Assault in the first degree pursuant to Section 13A-6-20
Aggravated stalking pursuant to Section 13A-6-91

Domestic violence in the first degree, the most serious of the three types of domestic violence charges, is a Class A felony offense, punishable by a term of one year to life in prison.

Domestic Violence – Second Degree

Under AL Code § 13A-6-131, charges of domestic violence in the second degree can be brought against a defendant accused of committing any of the following crimes against a person with whom the defendant shares a certain relationship, as defined by the statute:

Assault in the second degree pursuant to Section 13A-6-21
Intimidating a witness pursuant to Section 13A-10-123
Stalking pursuant to Section 13A-6-90
Burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7
Criminal mischief in the first degree pursuant to Section 13A-7-21

Alabama law considers domestic violence in the second degree a Class B felony, punishable by a term of six months to 20 years in prison.

Domestic Violence – Third Degree

Under AL Code § 13A-6-132, charges of domestic violence in the third degree can be brought against a defendant accused of committing any of the following crimes against a person with whom the defendant shares a certain relationship, as defined by the statute:

Assault in the third degree pursuant to Section 13A-6-22
Menacing pursuant to Section 13A-6-23
Reckless endangerment pursuant to Section 13A-6-24
Criminal coercion pursuant to Section 13A-6-25
Harassment pursuant to subsection (a) of Section 13A-11-8
Criminal surveillance pursuant to Section 13A-11-32
Harassing communications pursuant to subsection (b) of Section 13A-11-8
Criminal trespass in the third degree pursuant to Section 13A-7-4
Criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23
Arson in the third degree pursuant to Section 13A-7-43

Domestic violence in the third degree, the least serious of the three types of domestic violence charges, is a Class A misdemeanor, punishable by a maximum term of one year in jail. However, subsequent convictions under AL Code § 13A-6-132 can result in a longer sentence.

Domestic Violence by Strangulation or Suffocation

Under AL Code § 13A-6-138, charges of domestic violence by strangulation or suffocation can be brought against a defendant who “commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation against a victim, as the term is defined in Section 13A-6-139.1.” Domestic violence by strangulation or suffocation is considered a Class B felony, punishable by a term of six months to 20 years in prison.

Domestic Violence Protection Orders

In Alabama domestic violence cases, it is common for the alleged victim to pursue a temporary or permanent protection order against the accused individual. If a judge issues a domestic violence protection order against you, you could be prohibited from contacting the person who initiated the order of protection. You could also be ordered to leave your home, regardless of who owns the home, barred from getting custody of or visitation with your children (if you have any), and ordered to pay child support and/or spousal support (if you are married), among other strict requirements and restrictions. It is important to note that violating a domestic violence protection order or willfully failing to abide by the terms set forth in the order is a crime in and of itself and may result in additional criminal charges. The best thing you can do when facing a domestic violence protection order is to consult an Alabama domestic violence defense attorney to discuss your options.

Contact an Experienced Domestic Violence Defense Lawyer

Just because you have been accused of domestic violence does not mean you are guilty of the crime. There are plenty of instances where innocent individuals are falsely accused of domestic violence by an intimate partner or co-parent seeking revenge or leverage in custody proceedings or some other family matter. That being said, domestic violence is a very real problem in Alabama and nationwide, and those found guilty of abuse against an intimate partner or family member are dealt with harshly. If you have been arrested for domestic violence in Alabama and you face criminal charges, contact a knowledgeable domestic violence defense attorney right away. You can expect your case to be vigorously prosecuted by the state and you will want the best possible lawyer on your side to protect your rights and represent your best interests in court.