(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter:

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Terms Used In Alabama Code 38-9F-4

  • 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
  • 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.
  • Probate: Proving a will
  • 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
(1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section probate court” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”AL”>12-1-14 or 12-1-14.1.
(3) A district court judge designated by a written standing order from the presiding circuit court judge.
(4) A judge of probate designated by a written standing order from the presiding circuit court judge, where the judge of probate is a member in good standing with the Alabama State Bar.
(b) An elder abuse protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in connection with the preliminary, final, or post-judgment relief in a civil action.
(c) A petition for an elder abuse protection order may be filed in any of the following locations:

(1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred.
(d) There is no minimum period of residence for the plaintiff in the State of Alabama or in the county in which a case is filed.
(e) An elder abuse protection order shall be a status order that is specifically designed to protect the elderly person, and in personam jurisdiction over the defendant shall not be required in order to issue an ex parte or final order under this chapter.
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