(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.
(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff or children from abuse, or the immediate and present danger of abuse to the plaintiff or children, upon good cause shown. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.
Structure Code of Alabama
Title 30 - Marital and Domestic Relations.
Chapter 5 - Protection From Abuse.
Section 30-5-1 - Short Title; Construction; Purposes.
Section 30-5-3 - Jurisdiction; Request for Protection Order; Venue; Other Actions; Residency.
Section 30-5-6 - Hearing on Petition; Temporary Orders.
Section 30-5-7 - Ex Parte Orders or Modification of Protection Order.
Section 30-5-10 - Rules of Civil Procedure to Apply; Rights, Remedies, etc., of Defendant.