Section 30-5A-3 Applicability of Rules of Civil Procedure; rights of defendant; contempt; penalties. - Alabama Statutes

Section 30-5A-3

Applicability of Rules of Civil Procedure; rights of defendant; contempt; penalties.

(a) Any proceeding under this chapter shall be in accordance with the Rules of Civil Procedure and shall be in addition to any other civil or criminal penalties provided by law. It is specifically provided that any defendant shall have the same rights, remedies, and due process where any wrongful action is instituted as any defendant in other civil and criminal actions.

(b) Upon violation of a protection order or a court approved consent agreement, the court may hold the defendant or plaintiff as the case may be, in contempt and punish him or her in accordance with the law.

(c)(1) A willful violation of a protection order, restraining order or injunctive order issued to bring about a cessation of the abuse of a person and which is issued by a court of competent jurisdiction is a Class A misdemeanor.

(2) The first and any subsequent conviction for a willful violation of a protection order, restraining order or injunctive order issued to bring about a cessation of the abuse of a person is a Class A misdemeanor. A second conviction for violation of a protection order, restraining order or injunctive order issued to bring about a cessation of the abuse of a person shall, in addition to any other penalty or fine, be punishable by a minimum of 48 hours continuous imprisonment which may not be suspended. A third or subsequent conviction shall, in addition to any other penalty or fine, be punishable by a minimum sentence of 30 days imprisonment which may not be suspended.

(Acts 1993, No. 93-325, p. 495, §3; Acts 1996, No. 96-527, p. 684, §1.)