Code of Alabama
Ala. Code § 30-3-130 (2026)
Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
For the purposes of this article “domestic or family abuse” means an incident resulting in the abuse, stalking, assault, harassment, or the attempt or threats thereof. “Abuse” means any offense under Article 4 of Chapter 6 of this title or Chapter 15 of Title 26. “Stalking” means any offense under Article 5 of Chapter 6 of this title. “Assault” means any offense under Article 2 of Chapter 6 of this title. “Harassment” means the offenses prescribed in Section 13A-11-8.
(Acts 1995, No. 95-629, p. 1332, §1; Act 2023-481, §2.)
Notes of Decisions
Cited in 48
cases (2 in the last 5 years), 1996–2024 · leading case: Lamb v. Lamb, 939 So. 2d 918 (Ala. Civ. App. 2006).
Lamb v. Lamb, 939 So. 2d 918 (Ala. Civ. App. 2006). “Code 1975, provides: "`In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the…”
McCormick v. Ethridge, 15 So. 3d 524 (Ala. Civ. App. 2008). “On appeal, the mother argues that the trial court exceeded its discretion in denying her petition; that the trial court failed to apply § 30-3-130 et seq., Ala.Code 1975 (“the Custody and Domestic or Family Abuse Act”), in making its custody determination; and that the trial…”
C.W.S. v. C.M.P., 99 So. 3d 864 (Ala. Civ. App. 2012). “The juvenile court heard evidence from which it could have concluded that the father was the perpetrator of domestic or family abuse, as that term is defined in § 30-3-130, Ala.Code 1975, part of the Custody and Domestic or Family Abuse Act, § 30-3-130 et seq.”
Kent v. Green, 701 So. 2d 4 (Ala. Civ. App. 1997). “Acts 1995, which has been codified as Ala.Code 1975, § 30-3-130 through -136. Those Code sections read as follows: "§ 30-3-130.”
Enzor v. Enzor, 98 So. 3d 15 (Ala. Civ. App. 2011). “That conclusion is not rendered unsound by the existence of evidence, cited by the wife in her principal brief to this court, that the husband had abused her on certain occasions during the minor daughter’s infancy so as to raise a rebuttable presumption, under Ala.Code 1975, §…”
Headrick v. Headrick, 916 So. 2d 610 (Ala. Civ. App. 2005). “Code 1975, provides: "In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the…”
Giardina v. Giardina, 987 So. 2d 606 (Ala. Civ. App. 2008). “Custody The mother argues that the trial court's custody award was erroneous for three reasons, namely: (1) because the trial court failed to apply, or to make an express finding with respect to, the presumptions of the Custody and Domestic or Family Abuse Act, § 30-3-130 et…”
Walker v. Lanier, 180 So. 3d 39 (Ala. Civ. App. 2015). “In 1995, the Alabama Legislature passed the Custody and Domestic or Family Abuse Act (“the Act”), codified at § 30-3-130 et seq., Ala.Code 1975. Section 30-3-134 of the Act provides that, “[i]n every proceeding in which there is at issue the modification of an order for custody…”
Carroll v. Shoney's, Inc., 775 So. 2d 753 (Ala. 2000). “Code 1975; Custody and Domestic or Family Abuse Act, §§ 30-3-130 through -136, Ala.Code 1975; Domestic Violence Facilities Act, §§ 30-6-1 through - 11, Ala.”
Ladden v. Ladden, 49 So. 3d 702 (Ala. Civ. App. 2010). “2002) (discussing the application of the Custody and Domestic or Family Abuse Act, § 30-3-130 et seq., Ala.Code 1975, and concluding that, in the absence of a specific finding regarding alleged acts of abuse, this court must assume that the alleged acts of abuse did not occur,…”
Gonzalez v. Parker, 893 So. 2d 1228 (Ala. Civ. App. 2004). “She argues that the Alabama Custody and Domestic or Family Abuse Act, Ala.Code 1975, § 30-3-130 et seq., is intended to prevent an award of custody to a parent who has committed domestic or family abuse.”
A.H. v. R.M., 793 So. 2d 799 (Ala. Civ. App. 2001). “The mother argues that the Custody and Domestic and Family Abuse Act, Ala.Code 1975, §§ 30-3-130 through -136, applies and mandates a reversal of the trial court’s denial of her petition for custody.”
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