Code of Alabama
Ala. Code § 12-15-141 (2026)
Emergency Ex Parte Orders Authorized Upon Showing of Verified Evidence of Abuse or Neglect; Evidence Required; Hearing Required Within 72 Hours of Issuance of Order.
✓ official Alabama Legislature (ALISON) text, current July 2026
The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or safety of a child subject to a juvenile court proceeding and the likelihood that the abuse or neglect will continue unless the order is issued. If an emergency order is issued, a hearing, after notice, shall be held within 72 hours of the written evidence or the next judicial business day thereafter, to either dissolve, continue, or modify the order.
(Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended and renumbered by Act 2008-277, p. 441, §9.)
Notes of Decisions
Cited in 18
cases (8 in the last 5 years), 2010–2025 · leading case: Limestone Cnty. Dep't of Human Resources v. Long, 182 So. 3d 541 (Ala. Civ. App. 2014).
Limestone Cnty. Dep't of Human Resources v. Long, 182 So. 3d 541 (Ala. Civ. App. 2014). “” Alabama Code 1975, § 12-15-141, specifically allows for the entry of an ex parte order of protection, without notice or a hearing, in emergencies in which it is alleged that the health or safety of a child is endangered due to neglect,which, of course, would include…”
L.R.S. v. M.J., 229 So. 3d 772 (Ala. Civ. App. 2016). “Thus, the juvenile court was acting pursuant to Ala. Code 1975, § 12-15-141, which provides: "The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a showing of verified written or verbal…”
C.T. v. L.T., 154 So. 3d 149 (Ala. Civ. App. 2014). “, were either repealed or amended, renumber- - ed, and incorporated into the current Alabama Juvenile Justice Act, Ala.Code 1975, § 12-15-101 et seq. Former § 12-15-153 has been renumbered as Ala.”
C.E. v. M.G., 169 So. 3d 1061 (Ala. Civ. App. 2015). “Alabama Code 1975, § 12-15-141, provides: “The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or…”
M.G.D. v. L.B., 164 So. 3d 606 (Ala. Civ. App. 2014). “) The May 16 order did not comply with § 12-15-141 because the mother was not given actual notice and an opportunity to be heard within 72 hours of the filing of the paternal grandparents’ written evidence in support of the May 16 motion or the next judicial business day…”
M.B. v. M.M.T., 148 So. 3d 728 (Ala. Civ. App. 2014). “Hence, the father did not invoke the emergency jurisdiction of the juvenile court by filing his petition, and, thus, the juvenile court lacked the power to act on that petition under § 12-15-141. See generally J.H. v. J.W., 69 So.”
Montgomery Cnty. Dept. v. McDermott, 2100290 (ala.civ.app. 6-24-2011), 74 So. 3d 455 (Ala. Civ. App. 2011). “…the authority of the juvenile court to commit a child to the custody of DHR for temporary or emergency purposes. See § 12-15-141, Ala. Code 1975.”
J.H. v. J.W., 69 So. 3d 870 (Ala. Civ. App. 2011). “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…”
S.C. v. J.T.C., 47 So. 3d 1253 (Ala. Civ. App. 2010). “We note that § 12-15-153 has been amended and renumbered as § 12-15-141, Ala.Code 1975. See Act No. 2008-277, § 9, Ala.”
M.L.W. v. J.W. (Ala. Civ. App. 2023). “The May 21, 2021, order essentially determined that the emergency-custody order should be advance notice and a hearing, "upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or safety of a child subject to a juvenile court proceeding…”
Sc v. Jtc, 47 So. 3d 1253 (Ala. Civ. App. 2010). “We note that § 12-15-153 has been amended and renumbered as § 12-15-141, Ala.Code 1975. See Act No. 2008-277, § 9, Ala.”
L.T. v. Chambers Cnty. Dep't of Human Resources (Ala. Civ. App. 2023). “Section 12-15-141 authorizes a juvenile court to enter an ex parte order of restraint on an emergency basis "upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or safety of a child subject to a juvenile court proceeding and the…”
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