For purposes of this chapter, the following terms shall have the following meanings:

(1) CAREGIVER. The term as defined in Section 13A-6-191.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 38-9F-3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • 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.
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
(2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person:

a. Abuse, as defined in Section 38-9-2.
b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive.
c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, inclusive.
d. Criminal coercion, as defined in Section 13A-6-25.
e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive.
f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171.
h. Harassment, as defined in Section 13A-11-8.
i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23.
k. Reckless endangerment, as defined in Section 13A-6-24.
l. Sexual abuse, as defined as any of the acts in Sections 13A-6-60 to 13A-6-68.
m. Stalking, as defined in Sections 13A-6-90 to 13A-6-91.1, inclusive.
n. Theft, as defined in Sections property – Definition; limitations period” class=”unlinked-ref” datatype=”S” sessionyear=”2021″ statecd=”AL” title=”13A”>13A-8-2 to 13A-8-5, inclusive.
o. Unlawful imprisonment, as defined in Sections 13A-6-41 and 13A-6-42.
(3) ELDER ABUSE PROTECTION ORDER or PROTECTION ORDER. An order issued pursuant to this chapter including all of the following:

a. A restraining order, injunctive order, or order of release from custody issued by a circuit, district, municipal, or probate court that seeks to protect an elderly person.
b. An order issued by a circuit, district, or municipal court that places conditions on the pre-trial release of a defendant in a criminal case, which may include provisions of bail pursuant to Section arrest; conditions of release or bail” class=”unlinked-ref” datatype=”S” sessionyear=”2021″ statecd=”AL” title=”15″>15-13-190 that seeks to protect an elderly person.
(4) ELDERLY PERSON. A person 60 years of age or older.
(5) PLAINTIFF. An elderly person in need of protection from elder abuse.
(6) THREAT. Any word or action, expressed or implied, made to cause a plaintiff to fear for his or her safety or for the safety of another person.
(7) VIOLATION. The knowing commission of any act or conduct prohibited by an elder abuse protection order or any willful failure to abide by its terms.
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