(a)(1) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
(2) For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(b) Domestic violence in the third degree is a Class A misdemeanor. The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
(d) A third or subsequent conviction under subsection (a) is a Class C felony.
(e) If the defendant has a previous conviction for domestic violence in the first degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from another state or jurisdiction, a conviction under subsection (a) is a Class C felony.
(f) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
(Act 2000-266, p. 411, §3; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)
Notes of Decisions
Cited in
33
cases (
13 in the last 5 years), 2002–2026 · leading case:
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
· cites it 4× “Moore was sentenced to one year in jail; that sentence was split and he was ordered to serve 90 days in jail and 2 years on probation.”
Brand v. State, 960 So. 2d 748 (Ala. Crim. App. 2006).
· cites it 3× “The trial court sentenced him to serve a term of twelve months at hard labor in the county jail, but suspended the sentence and placed him on unsupervised probation for twenty-four months. The appellant filed a "Motion for Post-Conviction Judgment of Acquittal," which the trial…”
City of Birmingham v. Major, 9 So. 3d 470 (Ala. 2008).
· cites it 5× “The charge was subsequently amended a second time 3 to charge Major specifically with third-degree domestic violence pursuant to § 13A-6-132, Ala.Code 1975. 4 Major was tried in the Birmingham municipal court, and he was found guilty of third-degree domestic violence against…”
Welch v. State, 63 So. 3d 1275 (Ala. Crim. App. 2010).
“See § 13A-6-132, Ala.Code 1975. (C. 9.) The circuit court denied the motion and stated it would charge the jury only on second-degree assault and would not charge on domestic violence.”
Shaw v. Coosa Cnty. Com'n., 434 F. Supp. 2d 1179 (M.D. Ala. 2005).
· cites it 2× “[9] Stroud had entered a plea of guilty to domestic violence in the third degree in violation of Ala.Code § 13A-6-132 (1975). [10] In this case there is no dispute that at the time of the events giving rise to this suit, Evans was acting under color of state law.”
Perkins v. State, 27 So. 3d 611 (Ala. Crim. App. 2009).
“The trial court sentenced him to serve a term of one year in the county jail, but split the sentence and ordered him to serve twenty days followed by two years on probation. Perkins filed a motion for a new trial, which the trial court denied after conducting a hearing.”
Chapman v. State, 196 So. 3d 322 (Ala. Crim. App. 2015).
“Section 13A-6-132(a), Ala.Code 1975, provides that a person commits domestic violence in the third degree if that person “commits the crime of harassment pursuant to subsection (a) of Section 13A-11-8” and the victim is “a current or former spouse.”
Edwards v. State, 7 So. 3d 1064 (Ala. Crim. App. 2007).
· cites it 2× “"On the evening of October 3, 2004, Lisa Edwards was cooking in her kitchen when the appellant began to badger her about some furniture and personal belongings in the house.”
Russell Cnty. Dep't of Human Resources v. K.W., 87 So. 3d 1217 (Ala. Civ. App. 2012).
· cites it 2× “2 In that petition, the juvenile probation officer alleged that the child was delinquent because she had threatened her mother with a knife in violation of Ala.Code 1975, § 13A-6-132, “Domestic violence — Third degree,” and Ala.”
Moore (N.D. Ala. 2026).
· cites it 8× “Moore for Domestic Violence in the Third Degree, Alabama Code § 13A-6-132. See id. at 14–18.”
Shaw ex rel. Est. of Stroud v. Coosa Cnty. Comm'n, 434 F. Supp. 2d 1179 (M.D. Ala. 2005).
· cites it 2× “Stroud had entered a plea of guilty to domestic violence in the third degree in violation of Ala.Code § 13A-6-132 (1975). . In this case there is no dispute that at the time of the events giving rise to this suit, Evans was acting under color of state law.”
— Ala. Code § 13A-6-132(a) — 6 cases
Moore v. City of Leeds, 1 So. 3d 145 (Ala. Crim. App. 2008).
“Moore was sentenced to one year in jail; that sentence was split and he was ordered to serve 90 days in jail and 2 years on probation.”
City of Birmingham v. Major, 9 So. 3d 470 (Ala. 2008).
“The charge was subsequently amended a second time 3 to charge Major specifically with third-degree domestic violence pursuant to § 13A-6-132, Ala.Code 1975. 4 Major was tried in the Birmingham municipal court, and he was found guilty of third-degree domestic violence against…”
Brand v. State, 960 So. 2d 748 (Ala. Crim. App. 2006).
“The trial court sentenced him to serve a term of twelve months at hard labor in the county jail, but suspended the sentence and placed him on unsupervised probation for twenty-four months. The appellant filed a "Motion for Post-Conviction Judgment of Acquittal," which the trial…”
Chapman v. State, 196 So. 3d 322 (Ala. Crim. App. 2015).
“Section 13A-6-132(a), Ala.Code 1975, provides that a person commits domestic violence in the third degree if that person “commits the crime of harassment pursuant to subsection (a) of Section 13A-11-8” and the victim is “a current or former spouse.”
— Ala. Code § 13A-6-132(a)(1) — 4 cases
Moore (N.D. Ala. 2026).
“Moore for Domestic Violence in the Third Degree, Alabama Code § 13A-6-132. See id. at 14–18.”
— Ala. Code § 13A-6-132(b) — 1 case
— Ala. Code § 13A-6-132(d) — 1 case
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