(a)

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Terms Used In Alabama Code 38-9F-6

  • Chambers: A judge's office.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Venue: The geographical location in which a case is tried.
(1) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff:

a. A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s guardian.
b. A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s conservator.
c. A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s temporary guardian.
d. An agent, co-agent, or successor agent appointed under the plaintiff’s validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney.
e. A health care proxy appointed under the plaintiff’s validly executed advance directive for health care, or similar document, who acts within the authority of the designation. The petition shall include a copy of the advance directive for health care or similar document.
f. An interested person who has the authority to petition for protective placement or other protective services under Section 38-9-6.
(2) A plaintiff possessing the physical or mental capacity to seek protection for himself or herself may either represent himself or herself or may choose to hire legal counsel for representation in all matters arising pursuant to this chapter.
(b) A sworn petition shall allege the incidents of abuse and the specific facts and circumstances that form the basis upon which relief is sought.
(c) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit court clerk’s offices throughout the state. A circuit court clerk and his or her staff shall not provide assistance to individuals in completing the forms or in presenting the petitioner’s case to the court.
(d) The elderly person for whom the petition is filed must be served with the petition pursuant to the Alabama Rules of Civil Procedure.
(e)

(1) The following information shall be redacted from any court document filed on or after June 1, 2021, by the filer:

a. The plaintiff’s home address and, if applicable, business address.
b. The plaintiff’s home phone number, cellular number, and business phone number.
c. Any home address, business address, home telephone number, cellular number, or business phone number of any member of the plaintiff’s family or household.
d. Any address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.
(2) If disclosure of an address otherwise required to be redacted pursuant to this subsection is necessary to determine jurisdiction or to consider an issue of venue, the disclosure shall only be made orally, in the private chambers of the judge assigned to the case, with no members of the public present.
(3) In the event the plaintiff or his or her representative does not disclose an address or telephone number for the plaintiff to the court, disclosure of either of the following shall be made to the court:

a. An alternative address.
b. The business address and business telephone number of the plaintiff’s attorney of record.
(f) The court may not assess court costs or other fees for the filing or service of a petition or the issuance of a witness subpoena under this chapter against a petitioner or plaintiff. Costs and fees may be assessed against the defendant at the discretion of the court.
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