Alabama Domestic Violence Laws

Code of Alabama Title 13A, Chapter Six, Article Seven

• § 13A-6-130 (Domestic violence – First degree)
• § 13A-6-131 (Domestic violence – Second degree)
• § 13A-6-132 (Domestic violence – Third degree)
• § 13A-6-134 (Determination of predominant aggressor)
• § 13A-6-137 (Interference with a domestic violence emergency call)
• § 13A-6-138 (Domestic violence by strangulation or suffocation)

Alabama law considers the following people as household or family members:

• A current or former spouse
• A parent or step-parent
• A child or stepchild
• A grandparent or step-grandparent
• A grandchild or step-grandchild
• Any person with whom the actor has a child in common
• A present household member
• A person who has or had a dating relationship with the actor

A person who commits the following crimes against a household or family member is guilty of first-degree domestic violence:

• First-degree assault
• Aggravated stalking
• First-degree burglary

First-degree domestic violence is a Class A felony. Upon conviction, the defendant faces the following penalties:

• Mandatory minimum term of imprisonment of 10 years (up to life imprisonment), and
• Up to a $60,000 fine

However, the following circumstances double the applicable minimum term of imprisonment:

• If the defendant willfully violated a protection order
• The defendant committed the offense in the presence of a child under the age of 14 who is the victim’s or defendant’s child or stepchild, lives in one of their households, or was visiting one of their households.

A person who commits the following crimes against a household or family member is guilty of second-degree domestic violence:

• Second-degree assault
• Intimidating a witness
• Stalking
• Second- or third-degree burglary
• First-degree criminal mischief

Second-degree domestic violence is a Class B felony. Upon conviction, the defendant faces the following penalties:

• Mandatory minimum term of imprisonment of two years, up to 20 years, and
• Up to a $30,000 fine

However, if either of the following circumstances apply, the minimum prison time doubles:

• A defendant willfully violates a protection order while committing second-degree domestic violence.
• The defendant committed the offense in the presence of a child under the age of 14 who is the victim’s or defendant’s child or stepchild, lives in one of their households, or was visiting one of their households.

A person who commits the following crimes against a household or family member is guilty of third-degree domestic violence:

• Third-degree assault
• Menacing
• Reckless endangerment
• Criminal coercion
• Harassment
• Criminal surveillance
• Harassing communications
• Third-degree criminal trespass
• Second- or third-degree criminal mischief
• Third-degree arson

Third-degree domestic violence is a Class A misdemeanor. If convicted, the defendant the following penalties:

• First conviction: Up to one year of imprisonment and up to a $6,000 fine
• First conviction if the defendant violated a protection order: minimum term of imprisonment of 30 days.
• Second conviction: minimum term of imprisonment of 10 days in a city or county jail or a detention facility
• Third of subsequent conviction: Class C felony (at least one year in prison, up to 10 years, and a fine of up to $15,000)
• If the defendant has a previous conviction for first-degree domestic violence, second-degree domestic violence, domestic violence by strangulation or suffocation, or a domestic violence conviction in another state: Class C felony (at least one year in prison, up to 10 years, and a fine of up to $15,000)

A person who commits the following crimes against a household or family member is guilty of domestic violence by strangulation or suffocation:

• Assault with intent to cause physical harm, or
• Menacing, and
• They commit (or attempt to commit) those crimes by strangulation or suffocation.

Domestic violence by strangulation or suffocation is a Class B felony. If convicted, the defendant faces the following penalties:

• Mandatory minimum term of imprisonment of two years, up to 20 years, and
• Up to a $30,000 fine