Statutes | Code of Ala. ยง 38-9F-3 | 2019

For purposes of this chapter, the following terms shall have the following meanings:

(1) Caregiver.  The term as defined in Section 13A-6-191, Code of Alabama 1975.

(2) Elder Abuse.  The commission of any of the following acts or the intent to commit any of the following acts against an elderly person:

a. Abuse, as defined in Section 38-9-2, Code of Alabama 1975.

b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive, Code of Alabama 1975.

c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, Code of Alabama 1975.

d. Criminal coercion, as defined in Section 13A-6-25 Code of Alabama 1975.

e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive, Code of Alabama 1975.

f. Emotional abuse, as defined in Section 13A-6-191, Code of Alabama 1975.

g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171, Code of Alabama 1975.

h. Harassment, as defined in Section 13A-11-8, Code of Alabama 1975.

i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44, Code of Alabama 1975.

j. Menacing, as defined in Section 13A-6-23, Code of Alabama 1975.

k. Reckless endangerment, as defined in Section 13A-6-24, Code of Alabama 1975.

l. Sexual abuse, as defined as any of the acts in Sections 13A-6-60 to 13A-6-68, Code of Alabama 1975.

m. Stalking, as defined in Sections 13A-6-90 to 13A-6-91.1, inclusive, Code of Alabama 1975.

n. Theft, as defined in Sections 13A-8-2 to 13A-8-5, inclusive, Code of Alabama 1975.

o. Unlawful imprisonment, as defined in Sections 13A-6-41 and 13A-6-42, Code of Alabama 1975.

(3) Elder Abuse Protection Order or Protection Order.  An order issued pursuant to this chapter, including all of the following:

a. A restraining order, injunctive order, or order of release from custody issued by a circuit, district, municipal, or probate court that seeks to protect an elderly person.

b. An order issued by a circuit, district, or municipal court that places conditions on the pre-trial release of a defendant in a criminal case, which may include provisions of bail pursuant to Section 15-13-190, Code of Alabama 1975, that seeks to protect an elderly person.

(4) Elderly Person.  A person 60 years of age or older.

(5) Plaintiff.  An elderly person in need of protection from elder abuse.

(6) Threat.  Any word or action, expressed or implied, made to cause a plaintiff to fear for his or her safety or for the safety of another person.

(7) Violation.  The knowing commission of any act or conduct prohibited by an elder abuse protection order or any willful failure to abide by its terms.