Ala. Code
Code of Alabama

Ala. Code § 38-9F-7 (2026)

Hearing; Temporary Ex Parte Protection Orders.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.

(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff from abuse. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.

(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.

(Act 2017-284, §7.)

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: K.K. v. J.K. (Ala. Civ. App. 2026).
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K.K. v. J.K. (Ala. Civ. App. 2026). “Because a final elder-abuse protection order requires proof by a preponderance of the evidence, see § 38-9F-7(a), Ala. Code 1975, the dispositive question is whether the evidence presented at trial was sufficient to establish elder abuse as defined by the Act.”
Ala. Code § 38-9F-7(a): 1 case
K.K. v. J.K. (Ala. Civ. App. 2026). “Because a final elder-abuse protection order requires proof by a preponderance of the evidence, see § 38-9F-7(a), Ala. Code 1975, the dispositive question is whether the evidence presented at trial was sufficient to establish elder abuse as defined by the Act.”
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