Alabama Domestic Violence Laws: Degrees, Penalties, and Protections

Alabama’s domestic violence laws divide these offenses into three degrees, from a Class A misdemeanor up to a Class A felony punishable by life in prison, and they apply whenever the underlying conduct is committed against someone in a specific family, household, or dating relationship with the defendant. The framework layers criminal penalties, arrest and bail rules, and civil protective orders on top of the underlying offense, and federal protections sit alongside all of it for survivors regardless of whether a prosecution moves forward.

Who Counts as a Protected Person

The domestic violence label only attaches when the victim falls within a defined relationship to the defendant. The statutes covering all three degrees use the same list: a current or former spouse, parent, stepparent, child, stepchild, grandparent, step-grandparent, grandchild, step-grandchild, anyone who shares a child with the defendant, a present household member, or a person who has or had a dating relationship with the defendant.¹

Two limits narrow that list. For second- and third-degree charges, “household member” excludes non-romantic or non-intimate co-residents, so roommates without a romantic history are outside the statute. A “dating relationship” means a current or former relationship of a romantic or intimate nature where at least one party expected affectionate or sexual involvement.² If the victim doesn’t fit, the underlying offense (assault, stalking, harassment) can still be prosecuted under the general criminal code, but the domestic violence designation and its enhanced penalties don’t apply.

The Three Degrees of Domestic Violence

Each degree is defined by which underlying crime the defendant committed against a protected person. Higher degrees cover more dangerous conduct and carry heavier consequences.

First Degree

Domestic violence in the first degree is a Class A felony. It applies when the defendant commits first-degree assault, aggravated stalking, or first-degree burglary against a protected person.¹ In practical terms, this reaches conduct like causing serious physical injury with a deadly weapon, intentional disfigurement, sustained threatening behavior that places a victim in reasonable fear for their life, or forcibly entering the victim’s home while armed or with intent to commit a crime.

A second or subsequent first-degree conviction carries a minimum one-year prison sentence, and that minimum cannot be reduced by probation, parole, or good-time credits.¹

Second Degree

Domestic violence in the second degree is a Class B felony. It applies to second-degree assault, stalking, witness intimidation, second- or third-degree burglary, and first-degree criminal mischief committed against a protected person.² Second-degree assault typically involves causing physical injury with a dangerous instrument or recklessly causing serious injury with extreme indifference to human life. The inclusion of witness intimidation matters: threatening a victim to keep them from cooperating with law enforcement can itself become a separate felony.

A second or subsequent second-degree conviction carries a mandatory six-month minimum without probation, parole, or good-time credits. That minimum doubles if the offense violated a protection order or happened in the presence of a child under 14 who is the child or stepchild of the victim or defendant, or a child residing in or visiting either household.²

Third Degree

Domestic violence in the third degree is a Class A misdemeanor, and it is the broadest category. It covers third-degree assault, menacing, reckless endangerment, criminal coercion, harassment, harassing communications, criminal surveillance, third-degree criminal trespass, second- or third-degree criminal mischief, and third-degree arson.³ Conduct that never causes physical injury, such as repeated threatening phone calls, secret recording, or deliberate damage to property, can still support a third-degree charge.

A third or subsequent third-degree conviction jumps from a misdemeanor to a Class C felony, converting potential jail time into potential state prison time.³

Sentencing Ranges

The offense class sets the outer limits on prison time and fines.

Judges can also order anger management, supervised probation, and restitution to the victim for medical costs, counseling, or property damage. Alabama’s habitual felony offender law layers on top of these ranges: a Class A felony conviction paired with a prior Class A felony triggers life without parole, and three prior felonies of any class force enhanced sentencing on any new conviction.⁷

Arrest and the 24-Hour Bail Rule

Alabama does not require an arrest for every domestic violence call. Officers have discretion once they have probable cause to believe a domestic violence offense occurred, whether felony or misdemeanor.⁸ What officers cannot do is base the arrest decision on whether the victim wants to press charges or is willing to testify. They also cannot threaten to arrest both parties as a way of talking a victim out of seeking help.

When both people accuse each other, officers must evaluate the complaints separately to identify the predominant aggressor, considering prior complaints, injury severity, the likelihood of future harm, and any self-defense. Someone who reasonably acted to protect themselves or another household member should not be arrested.⁸

Once a domestic violence arrest happens, bail is not immediate. The arrested person cannot be released until they appear before a judge or magistrate, and that appearance must happen within 24 hours. If no judicial officer is available in that window, the person is then given the chance to make bail under the standard Alabama Rules of Criminal Procedure.⁹ The same 24-hour hold applies to arrests for interference with a domestic violence emergency call, domestic violence by strangulation or suffocation, and violation of a protection order.

Protection Orders

A protection order is a civil matter separate from any criminal case, so a victim can pursue one even without an arrest or pending charges. Alabama issues two kinds.

Temporary Ex Parte Orders

On a sworn petition showing that abuse has occurred, a judge can issue a temporary ex parte order immediately, without notifying the respondent or holding a hearing.¹⁰ These orders can prohibit contact with the victim, remove the respondent from a shared home, and grant temporary custody of children. The order stays in place until the court holds a full hearing.

Final Orders

At the full hearing, the respondent can appear and contest the allegations. The judge considers prior incidents, ongoing threats, and any past violations. If the court issues a final protection order, it is permanent unless the court later modifies or terminates it.¹⁰ This is a point often misunderstood: Alabama’s final protection orders do not expire after one year the way they do in some other states. They remain in effect indefinitely.

Final orders can include child support, supervised visitation, and firearm restrictions. A violation can lead to contempt proceedings, and because the bail restriction statute covers protection-order violations, any arrest for that violation carries the same 24-hour judicial-review requirement before bail is set.⁹

Enforcement Across State Lines

An Alabama protection order still works when the victim leaves the state. Under the Violence Against Women Act, every state, tribal government, and territory must enforce a valid protection order issued anywhere in the United States, treating it like a local order.¹¹ The order does not need to be registered in the new state to be enforceable. The issuing court must have had jurisdiction, and the respondent must have had notice and a chance to be heard (or, for ex parte orders, will get that chance within the time the issuing state’s law requires). The reverse is also true. An order from another state is enforceable in Alabama, and a survivor relocating here does not need a new Alabama order, though filing a copy with local law enforcement can make enforcement smoother.

Consequences Beyond the Sentence

A domestic violence conviction reaches well past the courtroom.

Firearms

Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing any firearm or ammunition.¹² There is no exception for law enforcement or military personnel. An officer or service member convicted of even a misdemeanor-level offense loses the legal right to carry a weapon in any capacity, which typically ends the career.¹³ Felony domestic violence convictions carry their own separate federal firearms ban.

Custody and Visitation

Alabama courts weigh domestic violence history heavily in custody disputes. A conviction can lead to supervised visitation or a complete loss of custodial rights, particularly where the violence was directed at a child or occurred in a child’s presence. The second-degree statute requires the court to make a written finding about whether the offense occurred in a child’s presence, and that finding becomes part of the permanent record.²

Employment and Housing

A conviction creates a criminal record that can disqualify a person from jobs requiring security clearances, professional licenses, or positions of trust. Landlords can deny applications based on criminal history, and certain licensing boards treat a domestic violence conviction as grounds for denial or revocation.

Federal Protections Available to Survivors

Several federal programs help survivors directly, whether or not the abuser is ever charged.

VAWA Immigration Self-Petition

Non-citizen victims abused by a U.S. citizen or lawful permanent resident spouse, parent, or child can self-petition for immigration status without the abuser’s knowledge or cooperation. The petitioner must show a good-faith marriage (for spouses), battery or extreme cruelty during the qualifying relationship, shared residence with the abuser, and good moral character.¹⁴ The self-petition is filed on Form I-360, and USCIS accepts any credible evidence. This removes an abuser’s use of immigration status as leverage.

Innocent Spouse Relief

Survivors who signed joint tax returns under pressure or duress can seek innocent spouse relief from the IRS. Ordinarily, knowledge of errors on a return bars this relief, but the IRS makes an explicit exception for victims of domestic abuse. Someone who signed because they were threatened or afraid to challenge questionable items may still qualify by filing Form 8857.¹⁵ The IRS reviews every Form 8857 for all available types of relief, so the filer does not need to identify the correct category.

Penalty-Free Retirement Withdrawals

The SECURE 2.0 Act created an exception to the 10 percent early withdrawal penalty for domestic abuse victims. An eligible person can withdraw up to the lesser of $10,000 (adjusted for inflation) or 50 percent of a vested account balance from a 401(k), IRA, or similar plan without the penalty. The distribution is still taxable income, but it can be repaid to an eligible plan within three years to recover the tax hit.¹⁶ Plans that adopt the provision can rely on the participant’s self-certification, so a police report or court order is not required to access the funds.

Federal Housing Protections

Tenants in federally assisted housing have specific rights under the Violence Against Women Act. A landlord receiving federal housing assistance cannot evict or deny housing solely because the applicant is a domestic violence victim. Eligible tenants can also request an emergency transfer to a different unit if they reasonably believe they face imminent harm from staying where they are.¹⁷ The housing provider must keep information about the abuse confidential, stored separately from regular tenant files, and cannot share it without written permission.

1
Alabama Legislature. Alabama Code 13A-6-130 – Domestic Violence – First Degree
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Alabama Legislature. Alabama Code 13A-6-131 – Domestic Violence – Second Degree
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Alabama Legislature. Alabama Code 13A-6-132 – Domestic Violence – Third Degree
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Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
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Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
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Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors
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Alabama Legislature. Alabama Code 13A-5-9 – Habitual Felony Offenders Additional Penalties
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Alabama Legislature. Alabama Code 13A-6-134 – Arrest Without Warrant – Determination of Predominant Aggressor, Notice Requirements, Liability of Officer
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Alabama Legislature. Alabama Code 15-13-190 – Bail Restrictions for Domestic Violence Arrests
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Alabama Legislature. Alabama Code 30-5-7 – Ex Parte Orders or Modification of Protection Order
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Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
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Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
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Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence
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USCIS. Chapter 2 – Eligibility Requirements and Evidence
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Internal Revenue Service. Innocent Spouse Relief
16
Internal Revenue Service. Notice 24-55 – Certain Exceptions to the 10 Percent Additional Tax
17
U.S. Department of Housing and Urban Development. Emergency Transfer Request for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking