(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.
(b) In a visitation order, a court may take any of the following actions:
(1) Order an exchange of the child to occur in a protected setting.
(2) Order visitation supervised in a manner to be determined by the court.
(3) Order the perpetrator of domestic or family violence to attend and complete to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of visitation.
(4) Order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation.
(5) Order the perpetrator of domestic or family violence to pay a fee to defray the cost of supervised visitation.
(6) Prohibit overnight visitation.
(7) Require a bond from the perpetrator of domestic or family violence for the return and safety of the child.
(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family or domestic violence, or other family or household member.
(c) Whether or not visitation is allowed, the court may order the address of the child or the victim of family or domestic violence to be kept confidential.
(d) The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a condition of receiving custody of a child or as a condition of visitation.
(e) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
(Acts 1995, No. 95-629, p. 1332, §6; Acts 1996, No. 96-261, p. 307, §1.)
Notes of Decisions
Cited in
13
cases, 1997–2018 · leading case:
C.W.S. v. C.M.P., 99 So. 3d 864 (Ala. Civ. App. 2012).
C.W.S. v. C.M.P., 99 So. 3d 864 (Ala. Civ. App. 2012).
· cites it 3× “Section 30-3-135, Ala.Code 1975, also part of the Act, permits a trial court to award visitation to a parent who committed domestic or family violence “only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or…”
Kratz v. Kratz, 791 So. 2d 971 (Ala. Civ. App. 2000).
· cites it 7× “I do not believe, however, that § 30-3-135 permits the trial court to deny visitation altogether unless the court finds that "adequate provision for the safety of the child [cannot] be made.”
V.C. v. C.T., 976 So. 2d 465 (Ala. Civ. App. 2007).
· cites it 6× “See Ala.Code 1975, § 30-3-135. In this particular case, the fundamental rights of the mother and the child required the juvenile court to use these less-drastic means to address its concerns for the child’s safety and to protect the child from verbal abuse before proceeding to a…”
J.P. v. D.P., 260 So. 3d 862 (Ala. Civ. App. 2018).
· cites it 2× “See § 30-3-135, Ala. Code 1975 (providing for limitations on visitation with a parent who has committed domestic violence).”
L.B.S. v. L.M.S., 826 So. 2d 178 (Ala. Civ. App. 2002).
“Code 1975); the courts’ ability to determine custody of children of parents who committed domestic or family violence (§ 30-3-135, Ala.Code 1975); and the courts’ ability to terminate parental rights (§ 26-18-7, Ala.”
Kent v. Green, 701 So. 2d 4 (Ala. Civ. App. 1997).
“"§ 30-3-135. "(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.”
E.M.C. v. K.C.Y., 735 So. 2d 1225 (Ala. Civ. App. 1999).
““ § 30-3-135. Visitation by parent who committed violence.”
Vc v. Ct, 976 So. 2d 465 (Ala. Civ. App. 2007).
· cites it 6× “See Ala.Code 1975, § 30-3-135. In this particular case, the fundamental rights of the mother and the child required the juvenile court to use these less-drastic means to address its concerns for the child's safety and to protect the child from verbal abuse before proceeding to a…”
Howard v. Howard, 796 So. 2d 373 (Ala. Civ. App. 2001).
“Without the trial court's finding, this court is unable to determine whether the visitation order entered in this case complied with § 30-3-135, which provides that a court may award visitation by a parent who committed domestic abuse or family violence only if the court finds…”
J.P. v. D.P., 260 So. 3d 862 (Ala. Civ. App. 2018).
· cites it 2× “See § 30-3-135, Ala. Code 1975 (providing for limitations on visitation with a parent who has committed domestic violence).”
Lbs v. Lms, 826 So. 2d 178 (Ala. Civ. App. 2002).
“Code 1975); the courts' ability to determine custody of children of parents who committed domestic or family violence (§ 30-3-135, Ala.Code 1975); and the courts' ability to terminate parental rights (§ 26-18-7, Ala.”
C.M.P. v. D.S., 154 So. 3d 1039 (Ala. Civ. App. 2014).
· cites it 2× “Code 1975,'which provides: “(d) The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a…”
— Ala. Code § 30-3-135(a) — 4 cases
C.W.S. v. C.M.P., 99 So. 3d 864 (Ala. Civ. App. 2012).
“Section 30-3-135, Ala.Code 1975, also part of the Act, permits a trial court to award visitation to a parent who committed domestic or family violence “only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or…”
Kratz v. Kratz, 791 So. 2d 971 (Ala. Civ. App. 2000).
“I do not believe, however, that § 30-3-135 permits the trial court to deny visitation altogether unless the court finds that "adequate provision for the safety of the child [cannot] be made.”
V.C. v. C.T., 976 So. 2d 465 (Ala. Civ. App. 2007).
“See Ala.Code 1975, § 30-3-135. In this particular case, the fundamental rights of the mother and the child required the juvenile court to use these less-drastic means to address its concerns for the child’s safety and to protect the child from verbal abuse before proceeding to a…”
Vc v. Ct, 976 So. 2d 465 (Ala. Civ. App. 2007).
“See Ala.Code 1975, § 30-3-135. In this particular case, the fundamental rights of the mother and the child required the juvenile court to use these less-drastic means to address its concerns for the child's safety and to protect the child from verbal abuse before proceeding to a…”
— Ala. Code § 30-3-135(b)(1) — 1 case
Kratz v. Kratz, 791 So. 2d 971 (Ala. Civ. App. 2000).
“I do not believe, however, that § 30-3-135 permits the trial court to deny visitation altogether unless the court finds that "adequate provision for the safety of the child [cannot] be made.”
— Ala. Code § 30-3-135(b)(2) — 1 case
C.W.S. v. C.M.P., 99 So. 3d 864 (Ala. Civ. App. 2012).
“Section 30-3-135, Ala.Code 1975, also part of the Act, permits a trial court to award visitation to a parent who committed domestic or family violence “only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or…”
— Ala. Code § 30-3-135(b)(3) — 1 case
Kratz v. Kratz, 791 So. 2d 971 (Ala. Civ. App. 2000).
“I do not believe, however, that § 30-3-135 permits the trial court to deny visitation altogether unless the court finds that "adequate provision for the safety of the child [cannot] be made.”
— Ala. Code § 30-3-135(b)(6) — 1 case
Kratz v. Kratz, 791 So. 2d 971 (Ala. Civ. App. 2000).
“I do not believe, however, that § 30-3-135 permits the trial court to deny visitation altogether unless the court finds that "adequate provision for the safety of the child [cannot] be made.”
— Ala. Code § 30-3-135(d) — 1 case
C.M.P. v. D.S., 154 So. 3d 1039 (Ala. Civ. App. 2014).
“Code 1975,'which provides: “(d) The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim’s status or behavior as a victim, individually or with the perpetrator of domestic or family violence as a…”
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