Code of Alabama
Ala. Code § 12-15-138 (2026)
Power of Juvenile Courts to Enter Protection or Restraint Ex Parte Order; When Order May Be Entered; Purpose of Order.
✓ official Alabama Legislature (ALISON) text, current July 2026
The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding.
(Acts 1991, No. 91-661, p. 1265, §1; §12-15-150; amended and renumbered by Act 2008-277, p. 441, §9.)
Notes of Decisions
Cited in 23
cases (6 in the last 5 years), 2010–2025 · leading case: R.F.W. v. Cleburne Cnty. Dep't of Human Resources, 70 So. 3d 1270 (Ala. Civ. App. 2011).
R.F.W. v. Cleburne Cnty. Dep't of Human Resources, 70 So. 3d 1270 (Ala. Civ. App. 2011). “See Ala.Code 1975, § 12-15-138. Any further custodial disposition, including awarding visitation rights to the mother, would have to be determined by the appropriate circuit court.”
G.H. v. Cleburne Cnty. Dep't of Human Resources, 62 So. 3d 540 (Ala. Civ. App. 2010). “See § 12-15-138, Ala.Code 1975. The evidence revealed that, due to the mother's substance-abuse problems, the safety of the children would have been imperiled by allowing the mother to exercise custody.”
C.E. v. M.G., 169 So. 3d 1061 (Ala. Civ. App. 2015). “Alabama Code 1975, § 12-15-138, provides that a juvenile court may, on an emergency basis, enter an order to protect the health and safety of a child who is the subject of a dependency pro *1065 ceeding.”
Ex parte Marshall Cnty. Dep't of Human Resources, 234 So. 3d 519 (Ala. Civ. App. 2016). “See § 12-15-138, Ala.Code 1975 (“The'juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may énter an order of protection or restraint to protect the health or safety of a child subject to the proceeding.”
M.G.D. v. L.B., 164 So. 3d 606 (Ala. Civ. App. 2014). “Section 12-15-138, Ala.Code 1975, provides that “[t]he juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding”; however,…”
B.R.G. v. G.L.M., 57 So. 3d 137 (Ala. Civ. App. 2010). “) Thus, the mother’s petition for an emergency ex parte order, in which she alleged that the child was in danger of immediate harm, properly invoked the emergency jurisdiction of the juvenile court under § 12-15-138. Thereafter, the father filed a dependency petition alleging,…”
L.R.J. v. C.F., 75 So. 3d 685 (Ala. Civ. App. 2011). “Because the November 1, 2010, order is not relevant to the disposition of this appeal, we need not determine whether the juvenile court properly exercised its jurisdiction pursuant Ala.Code 1975, § 12-15-138, which provides that a juvenile court, "on an emergency basis, may…”
R.T. v. B.N.H., 66 So. 3d 807 (Ala. Civ. App. 2011). “” Ala.Code 1975, § 12-15-138. In the present case, the mother’s February 19, 2009, motion alleged that the child had been abused during the time that he had been in the care of the father and that the child would be subject to irreparable harm if the father were allowed to…”
Limestone Cnty. Dep't of Human Resources v. Long, 182 So. 3d 541 (Ala. Civ. App. 2014). “That motion was filed pursu *544 ant to Ala.Code 1975, § 12-15-138, which provides: “The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child,…”
J.H. v. J.W., 69 So. 3d 870 (Ala. Civ. App. 2011). “” Ala.Code 1975, § 12-15-138. Thus, although we make no comment on the propriety of the procedure employed by the juvenile court in reaching its July 29, 2009, judgment, which altered the custodial and visitation rights of the father without prior notice to the father or his…”
N.B. v. J.C.R., 204 So. 3d 887 (Ala. Civ. App. 2016). “” We can discern no reason why the confidentiality requirements in § 12-15-138 would not still apply to the records accumulated in a juvenile-court proceeding when that proceeding is transferred.”
T.M. v. Limestone Cnty. Dep't of Human Resources, 218 So. 3d 850 (Ala. Civ. App. 2016). “Code 1975, § 12-15-114(a), and the am thority to issue emergency custody orders, see Ala.Code 1975, § 12-15-138, could award the father “temporary” custody of the children despite the pending divorce action.”
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