Section 30-5-5 Petitions, motions, etc. - Filing, forms, contents, costs.
Section 30-5-5
Petitions, motions, etc. - Filing, forms, contents, costs.
(a) Any plaintiff may seek relief under this chapter for himself or herself, for a minor, or for another person prevented by physical or mental incapacities from seeking a protection order by filing a petition with the court of proper jurisdiction alleging abuse by the defendant.
(b) Forms for petitions, motions, and pleadings shall be available through the clerk's office. These forms shall be standard court forms. The clerk shall not be required to provide assistance to persons in completing the forms or in presenting his or her case to the court.
(c)(1) A court may issue mutual protection orders only if a separate petition has been filed by each party.
(2) When mutual protection orders are issued, the content of these orders must be sufficiently specific for any law enforcement officer to be able to determine which party has violated the order, if there is probable cause to believe a violation of an order has occurred.
(d) Any eligible plaintiff who files a petition under this chapter, may do so through an attorney or may represent himself or herself pro se throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf.
(e)(1) Upon request, the court shall order the omission or deletion of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1. That address shall be omitted or deleted from all documents filed with the court, documents made available to the public, and documents made available to the defendant.
(2) If disclosure of the plaintiff's address, the address of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera.
(3) If the plaintiff has not disclosed an address under this section the plaintiff shall satisfy one of the following requirements:
a. Designate and provide to the court an alternative address.
b. Elect to substitute the address of his or her attorney of record in place of the address of the plaintiff on any form, motion, or pleading.
(f) No court costs shall be assessed for the filing, issuance, registration, or service of a protective order or petition order or for a witness subpoena under this chapter. Costs may be assessed against the defendant at the discretion of the court.
(Acts 1981, No. 81-476, p. 826, §5; Acts 1995, No. 95-542, p. 1126, §1; Act 2003-385, p. 1088, §1.)