Alabama Domestic Violence Laws

By Samuel Strom, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed January 10, 2025

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Domestic violence generally occurs when a person commits a crime against a household or family member. It can also occur in a dating relationship or between people who share a child in common. A conviction resulting from domestic violence charges in Alabama can lead to mandatory minimum terms of imprisonment and thousands of dollars in criminal fines.

Because of the close relationships involved in domestic violence cases, they often involve intense emotions that extend beyond the parties to a lawsuit. They can forever change a family or household’s dynamic.

If you have experienced domestic violence, help is available. If you're able, contact local law enforcement. The following resources can also help:

You can also contact a domestic violence attorney in Alabama for information about obtaining a restraining order or other legal help.

The state of Alabama has several laws defining the different degrees of domestic violence. This article provides an overview of Alabama’s domestic violence laws and criminal penalties. For more general information, visit FindLaw’s Domestic Violence section.

Alabama Domestic Violence Laws Overview

The chart below lists Alabama’s domestic violence laws and criminal penalties.

Code sections

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)

Household or family members

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

First-degree domestic violence

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.

Second-degree domestic violence

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.

Third-degree domestic violence

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)

Domestic violence by strangulation or suffocation

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

Note: State laws often change through the passage of new legislation, higher court decisions, and other means. Contact an Alabama criminal defense attorney or a domestic violence lawyer to learn how these rules might apply to your unique circumstances.

Related Resources

Visit the links below for more information about Alabama law and domestic violence generally:

You can also visit FindLaw’s State Domestic Violence Laws article for information on other states’ laws.

Questions About Domestic Violence Crimes? Contact an Attorney

If you are a victim of domestic violence, help is available. Contact law enforcement if you’ve experienced domestic abuse. You can also contact the National Domestic Violence Hotline by calling 1-800-799-SAFE (7233) or the Alabama Domestic Violence Hotline at 1-800-650-6522. In addition, you can contact an Alabama domestic violence attorney for legal advice and information about obtaining a protective order.

If law enforcement has arrested you for a domestic violence offense, contact an Alabama criminal defense attorney. A conviction for a domestic violence crime can lead to jail time and thousands of dollars in fines. An experienced attorney can provide specific legal advice that could make a significant difference in your criminal case. Contact one today to get started on your defense strategy.

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