Code of Alabama

Ala. Code § 30-5-5 (2026)

Standing to File Sworn Petition for Protection Order; Disclosure of Information; Costs and Fees.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff:

(1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.

(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following:

a. A minor child.

b. Any person prevented by physical or mental incapacity from seeking a protection order.

(b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks’ offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting their case to the court.

(c) A sworn petition shall allege the incidents of abuse, the specific facts and circumstances that form the basis upon which relief is sought, and that the plaintiff genuinely fears subsequent acts of abuse by the defendant.

(d) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim’s immediate family and to clearly provide law enforcement with sufficient directives.

(e) Any plaintiff who files a petition under this chapter may do so through an attorney or may represent himself or herself throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.

(f)(1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk’s office: The plaintiff’s home address and, if applicable, business address; a plaintiff’s home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff’s family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.

(2) If disclosure of the plaintiff’s address, the address of any member of the plaintiff’s family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.

(3) If the plaintiff has not disclosed an address or telephone number under this section, the plaintiff shall satisfy one of the following requirements:

a. Designate and provide to the court an alternative address.

b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document.

(g)(1) No court costs or fees shall be assessed for the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order or a petition for a protection order under this chapter.

(2) No court costs or fees shall be assessed for the issuance of a witness subpoena under this chapter.

(3) Costs and fees may be assessed against the defendant at the discretion of the court.

(Acts 1981, No. 81-476, p. 826, §5; Acts 1995, No. 95-542, p. 1126, §1; Act 2003-385, p. 1088, §1; Act 2010-538, p. 919, §1; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-321, §1.)

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1999–2026 · leading case: Wilson v. Se. Alabama Med. Ctr., 187 So. 3d 1165 (Ala. Civ. App. 2015).
Wilson v. Se. Alabama Med. Ctr., 187 So. 3d 1165 (Ala. Civ. App. 2015). · cites it 4× “Former § 30-5-5(f) stated that receipt of “Aid to Families with Dependent Children payments, food stamps, or Supplemental Security Income shall serve as prima facie evidence demonstrating substantial hardship on the part of the plaintiff.” Wilson acknowledges that § 30 — 5—5(f)…”
Thomas K. Wu v. Mi Cah Wu, 37 So. 3d 792 (Ala. Civ. App. 2009). “” Section 30-5-5(a) provides that “[a]ny plaintiff may seek relief under this chapter .”
Boyd v. Ottman, 961 So. 2d 148 (Ala. Civ. App. 2006). · cites it 2× “See Ala.Code 1975, § 30-5-5(b) (“Forms for petitions, motions, and pleadings shall be available through the clerk’s office.”
Batey v. Dare, 742 So. 2d 194 (Ala. Civ. App. 1999). “The requirements for *196 the plaintiffs petition for relief are outlined in § 30-5-5. Section 30-5-7 describes the powers and procedures of the courts in stopping abuse, including authorizing the court to exclude the defendant from the marital home, without regard to who owns…”
N.V. v. M.C.M. (Ala. Civ. App. 2026). · cites it 3× “10 CL-2025-0846 Our research has revealed only one case pertaining to § 30-5-5(d) and a trial court's entry of a mutual no-contact order.”
Ex parte Wendy L. Hudson PETITION FOR WRIT OF MANDAMUS (In re: Wendy Hudson v. Gary Hudson) (Madison Circuit Court: DR-25-3131) (Ala. Civ. App. 2025). · cites it 2× “" (emphasis added)); and Ala. Code 1975, § 30-5-5(d)("The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order 11 CL-2025-0669 The father cites § 30-5-7(4) of the PFA Act, which states that a circuit…”
Shawn Barnett v. Brooklyn Barnett (Ala. Civ. App. 2026). · cites it 2× “As Shawn contends, the trial court's postjudgment order contains admissions indicating that the procedure in Winston County for the institution of a PFA action by a pro se litigant appears to contravene Ala. Code 1975, § 30-5-5(b), which states, in pertinent part, that "[t]he…”
— Ala. Code § 30-5-5(a) — 1 case
Thomas K. Wu v. Mi Cah Wu, 37 So. 3d 792 (Ala. Civ. App. 2009). “” Section 30-5-5(a) provides that “[a]ny plaintiff may seek relief under this chapter .”
— Ala. Code § 30-5-5(b) — 2 cases
Boyd v. Ottman, 961 So. 2d 148 (Ala. Civ. App. 2006). “See Ala.Code 1975, § 30-5-5(b) (“Forms for petitions, motions, and pleadings shall be available through the clerk’s office.”
Shawn Barnett v. Brooklyn Barnett (Ala. Civ. App. 2026). “As Shawn contends, the trial court's postjudgment order contains admissions indicating that the procedure in Winston County for the institution of a PFA action by a pro se litigant appears to contravene Ala. Code 1975, § 30-5-5(b), which states, in pertinent part, that "[t]he…”
— Ala. Code § 30-5-5(d) — 2 cases
N.V. v. M.C.M. (Ala. Civ. App. 2026). “10 CL-2025-0846 Our research has revealed only one case pertaining to § 30-5-5(d) and a trial court's entry of a mutual no-contact order.”
Ex parte Wendy L. Hudson PETITION FOR WRIT OF MANDAMUS (In re: Wendy Hudson v. Gary Hudson) (Madison Circuit Court: DR-25-3131) (Ala. Civ. App. 2025). “" (emphasis added)); and Ala. Code 1975, § 30-5-5(d)("The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order 11 CL-2025-0669 The father cites § 30-5-7(4) of the PFA Act, which states that a circuit…”
— Ala. Code § 30-5-5(f) — 1 case
Wilson v. Se. Alabama Med. Ctr., 187 So. 3d 1165 (Ala. Civ. App. 2015). “Former § 30-5-5(f) stated that receipt of “Aid to Families with Dependent Children payments, food stamps, or Supplemental Security Income shall serve as prima facie evidence demonstrating substantial hardship on the part of the plaintiff.” Wilson acknowledges that § 30 — 5—5(f)…”
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