Domestic Violence
Ala. Code § 13A-6-132 — an assault, threat or trespass against family, a household member or a dating partner
Several crimes become domestic violence when the victim is a current or former spouse, a parent, child, grandparent or grandchild or a step relative of those, someone the defendant has a child with, a present household member, or someone in a current or former dating relationship with the defendant. A household member here does not include a co-resident in no romantic or intimate relationship.
Who handles this in Alabama: Alabama Supreme Court and State Law Library, Self-Help and Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
| Degree | The underlying crime | Grade |
|---|---|---|
| DegreeThird | The underlying crimeThird degree assault, menacing, reckless endangerment, coercion, harassment, harassing communications, criminal surveillance, third degree trespass, second or third degree criminal mischief, or third degree arson | GradeClass A misdemeanor; a Class C felony on a third conviction or after a prior serious domestic violence conviction |
| DegreeSecond | The underlying crimeSecond degree assault, intimidating a witness, stalking, second or third degree burglary, or first degree criminal mischief | GradeClass B felony |
| DegreeFirst | The underlying crimeFirst degree assault, aggravated stalking, or first degree burglary | GradeClass A felony |
- A second third degree conviction carries at least 10 days in a city or county jail, and municipal convictions count.
- Committing third degree domestic violence while willfully breaking a protection order carries at least 30 days.
- A second or later conviction for the second degree carries at least six months, and the minimum doubles when a protection order was broken or the offense was in the presence of a child under 14 in the household.
Sources for this section (3)
- Ala. Code § 13A-6-130 — Domestic Violence - First Degree
- Ala. Code § 13A-6-131 — Domestic Violence - Second Degree
- Ala. Code § 13A-6-132 — Domestic Violence - Third Degree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.