This Guide explains how a Protection Order may be obtained from an Alabama Circuit Court to stop elder abuse or exploitation. This is a way to intervene if someone is abusing or exploiting an elderly person.
The Act, found in Chapter 9F of Title 38 of the Code of Alabama, was created to maximize the protection of victims of elder abuse and provide a quick way for a legal intervention to get a protection order against someone who has committed elder abuse.
“Elderly person” is defined as anyone 60 years of age or older. The elderly person doesn't have to be an Alabama resident, so long as the abuse, neglect, or exploitation occurred in Alabama and the Court has jurisdiction over the parties.
The elderly person may file themselves, or their legal representative may file, but only if the elderly person lacks the physical or mental ability to seek protection for themselves. If a representative petitions the Court, then they must swear to the fact of the victim's physical or mental incapacity, serve the victim with the Petition, and file a copy of the document that gives them their representative authority, such as a power of attorney or letters of guardianship.
The definition of elder abuse includes the infliction of physical pain or injury, and also the willful deprivation of health-maintaining and basic living necessities, financial abuse and emotional abuse.
The Court can grant limited relief before the alleged abuser (defendant) is served with the Petition and court orders. Once the defendant is served, a hearing is held within 10 days. The Court can order that the defendant repay the victim via restitution, remove the defendant from the victim's residence, and enter a restraining order to prevent any further contact or interaction with the victim.
Alabama's Elder Abuse Protection Order and Enforcement Act - Legal Guides - Avvo
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