A protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the evidence that an order is necessary to protect the health or safety of the child subject to a juvenile court proceeding or is otherwise in the best interests of the child.
(Acts 1991, No. 91-661, p. 1265, §2; §12-15-151; amended and renumbered by Act 2008-277, p. 441, §9.)
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 2011–2025 · leading case:
M.G.D. v. L.B., 164 So. 3d 606 (Ala. Civ. App. 2014).
M.G.D. v. L.B., 164 So. 3d 606 (Ala. Civ. App. 2014).
· cites it 2× “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, § 12-15-139, Ala.Code…”
C.E. v. M.G., 169 So. 3d 1061 (Ala. Civ. App. 2015).
· cites it 2× “According to Ala.Code 1975, § 12-15-139, “[a] protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the evidence that an order is necessary to protect the health or safety of the child subject to…”
J.H. v. J.W., 69 So. 3d 870 (Ala. Civ. App. 2011).
· cites it 2× “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 having an opportunity to be…”
J.P. v. T.H., 170 So. 3d 681 (Ala. Civ. App. 2014).
· cites it 2× “According to Ala. Code 1975, § 12-15-139, “[a] protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the evidence that an order is necessary to protect the health or safety of the child subject to…”
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