Alabama Domestic Violence Laws

Domestic violence laws in Alabama prohibit certain acts of physical violence or attempts or threats of the same between an aggressor and a victim, including a parent and child, spouses, and dating or engaged couples. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law. Read on to learn how Alabama addresses domestic violence and what crimes qualify as domestic violence.

What Is Domestic Violence Under Alabama Law?

Alabama law defines what constitutes domestic violence—what acts and by whom. A domestic abuse offense need not be labeled as such. Rather, the prosecutor looks at the factors and circumstances involved in the crime when determining whether to charge the crime as a domestic violence offense.

In order to be found guilty of a domestic violence offense, a defendant must commit a specified violent act (such as assault) and the defendant and victim must share a certain relationship, as defined by the statute.

Understanding Alabama's Domestic Violence Crimes

Domestic violence involves a defendant's act, attempt, or threat of violence against a victim with whom they share a special relationship.

Crimes That Can Be Charged as Domestic Violence

Alabama generally includes the following offenses as acts of domestic violence: arson, assault, child abuse, criminal coercion, criminal trespass, harassment, kidnapping, menacing, reckless endangerment, sexual abuse, stalking, and unlawful imprisonment. Threats of this unlawful conduct include any word or action the defendant makes in order to cause the victim to fear for their safety or that of another.

Relationship Between Aggressor and Victim

For a prosecutor to charge someone with a domestic violence-related offense, the alleged aggressor and victim must be current or former spouses, dating partners or fiancés, parents of the same child, current household members in an intimate relationship, parent and child (including step-relations), or grandparent and grandchild (including step-relations).

Charges for Domestic Violence

If a defendant commits an act of domestic violence against one of the above victims, the prosecutor can charge the offense as domestic violence in the first, second, or third degree.

What Are the Penalties for Domestic Violence in Alabama?

Alabama punishes those convicted of domestic violence according to the degree of the underlying crime. In addition, the law takes into consideration the offender's prior acts of domestic violence. The law recognizes three degrees of domestic violence. Enhanced penalties apply for domestic violence crimes committed in the presence of a child or in violation of a protection order.

Penalties for First-Degree Domestic Violence

A person is guilty of first-degree domestic violence by committing first-degree assault, first-degree burglary, or aggravated stalking.

First-degree domestic violence constitutes a class A felony, which carries a maximum of life or 10 to 99 years in prison and a $60,000 fine. Defendants who have prior convictions for first-degree domestic violence must serve a minimum of one year in prison for subsequent first-degree domestic violence convictions.

(Ala. Code § 13A-6-130 (2025).)

Penalties for Second-Degree Domestic Violence

Second-degree domestic violence occurs when the aggressor commits second-degree assault, stalking (not aggravated), second- or third-degree burglary, first-degree criminal mischief, or intimidating a witness.

Domestic violence in the second degree constitutes a class B felony, which subjects a guilty defendant to two to 20 years in prison and a $30,000 fine. For second and subsequent convictions of second-degree domestic violence, the defendant must serve at least six months in custody.

(Ala. Code § 13A-6-131 (2025).)

Penalties for Third-Degree Domestic Violence

Third-degree domestic violence occurs when the defendant commits the crimes of third-degree assault, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, third-degree criminal trespass, second- or third-degree criminal mischief, or third-degree arson.

Penalties for this class A misdemeanor include up to one year in jail and a $6,000 fine. The penalty increases to a class C felony:

• for a third or subsequent conviction of third-degree domestic violence, or
• when the defendant has a prior conviction for first- or second-degree domestic violence, domestic violence by strangulation or suffocation, or an out-of-state domestic violence offense.

Any repeat conviction requires a defendant to serve a minimum of 10 days in jail.

(Ala. Code § 13A-6-132 (2025).)

Enhanced Penalties

Alabama law provides for enhanced penalties when an offender commits a domestic violence crime in violation of a protection order or in the presence of a child.

First- and second-degree. A defendant subject to a protective order (such as a restraining order) who violates it by committing a second or subsequent domestic violence offense in the first or second degree can receive double the minimum prison term required by law. The same enhancement applies for repeat first- or second-degree domestic violence crimes committed in the presence of a child younger than 14. The child must be the defendant or victim's child or stepchild or a child residing in or visiting one of their households.

Third-degree. A defendant who violates a protective order by committing third-degree domestic violence must serve a minimum of 30 days in jail.

Additional Domestic Violence Crimes in Alabama

Alabama punishes violations of domestic violence protection orders and imposes felony penalties for domestic violence by strangulation or suffocation.

Domestic Violence by Strangulation or Suffocation

An offender who commits domestic violence by strangulation or suffocation can face class B felony charges. Strangulation involves intentionally placing external pressure on the neck to cut off air or blood circulation. Suffocation means to deprive a person of air or to block or obstruct a person's airway.

A class B felony carries two to 20 years in prison and a $30,000 fine.

(Ala. Code § 13A-6-138 (2025).)

Violating a Domestic Violence Protection Order

Victims of domestic violence can seek a domestic violence protection order from a court. Domestic violence orders are a type of protective order that typically require an alleged aggressor to refrain from communicating with or being within physical proximity to the alleged victim. Violation of such an order constitutes a class A misdemeanor. Repeat offenses carry minimum jail sentences, and a third or subsequent conviction is a class C felony.

Committing a domestic violence crime while violating a protection order carries the enhanced penalties discussed above.

(Ala. Code § 13A-6-142 (2025).)

Arrest, Bail, and Firearms Restrictions in Alabama Domestic Violence Cases

In addition to imprisonment and monetary penalties, Alabama law establishes the following conditions, restrictions, and penalties for domestic violence cases. Whether an offense constitutes domestic violence depends on the factors involved and not how the crime is labeled.

Domestic Violence Warrantless Arrests

When a police officer has reasonable cause to believe that an individual has committed a domestic violence offense or felony or misdemeanor in violation of a domestic violence protection order, they can arrest the offender without a warrant. The police may hold the arrestee in jail until a judge reviews the request for bail, which must generally occur within 24 hours.

(Ala. Code §§ 13A-6-143, 15-10-3 (2025).)

Bail and Pretrial Release for Defendants Arrested in Domestic Violence Cases

Pretrial release conditions in domestic violence cases typically include restrictions such as ordering the offender to stay away from and not contact the victim. Judges determine the bail amount and any conditions based on a defendant's flight risk and risk of harm to the victim and others. Conditions can include drug and alcohol monitoring, house arrest, and mental health counseling or anger management.

(Ala. Code § 13A-6-190 (2025).)

Firearms Restriction for Domestic Violence Offenders

Alabama prohibits offenders convicted of a violent crime, misdemeanor offense of domestic violence, or subjected to a valid protection order for domestic abuse from possessing any firearm. This crime is a class C felony. Additionally, federal law contains firearms restrictions.

(Ala. Code § 13A-11-72; 18 U.S.C. § 922 (2025).)

Defenses to an Alabama Domestic Violence Charge

A defendant charged with domestic violence may assert self-defense, arguing that the alleged victim was really the aggressor. A defendant can also argue that the prosecutor did not prove the underlying offense, such as assault, or that the defendant and victim did not share one of the special relationships protected by the domestic violence statutes. Although a defendant can be charged and convicted of both the underlying offense and the domestic violence offense, a judge can only impose a sentence for one of the offenses.

Talk to a Lawyer

If you've been arrested for or charged with a domestic violence-related offense in Alabama, contact a local criminal defense attorney who regularly handles such cases. An experienced lawyer can evaluate the strength of the prosecution's evidence against you, explore any possible defenses you might have, and explain your options. A lawyer can help to protect your interests every step of the way.

(Ala. Code §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12 (2025).)