Understanding Domestic Violence Charges in Alabama

What Is Domestic Violence Under Alabama Law?

Domestic violence in Alabama includes physical harm, threats, harassment, stalking, and other forms of abuse involving:

• Spouses or former spouses
• Individuals who share children
• Current or former dating partners
• Family or household members

Alabama law categorizes domestic violence into three degrees, depending on the severity of the offense.

Degrees of Domestic Violence in Alabama

Domestic Violence in the First Degree

(Class A Felony) § 13A-6-130

Example: If a person intentionally stabs their spouse during an argument, causing serious injury, they could be charged with First-Degree Domestic Violence.

A person commits First-Degree Domestic Violence when they commit:

• First-degree assault (§ 13A-6-20)
  • Example: Causing serious physical injury with a deadly weapon, such as stabbing, shooting, or striking someone with an object like a bat.
• Aggravated stalking (§ 13A-6-91)
  • Example: Repeatedly following and threatening an ex-partner, making them fear for their life.
• Violating a Protection from Abuse (PFA) order with previous domestic violence convictions
  • Example: If a person with a history of domestic violence convictions breaks into their ex-partner’s house despite a court order and attacks them, they could face first-degree domestic violence charges.
• In the Presence of a child under the age of 14.
  • Example: If the offense was committed in the presence of the victim’s child or stepchild, the defendant’s child or stepchild, a child residing in or visiting the household of the victim or defendant. This means that the child was in a position to see or hear the act of violence as it occurred.

Penalties:

• Class A Felony: 10 to 99 years or life in prison
• Fines up to $60,000

Domestic Violence in the Second Degree

(Class B Felony) §13A-6-131

Example: If someone strangles their partner during a fight, causing them to lose consciousness but survive, this may be Second-Degree Domestic Violence.

A person commits Second-Degree Domestic Violence if they commit:

• Second-degree assault (§ 13A-6-21)
  • Example: Breaking a partner’s arm or causing serious injury without a deadly weapon, such as by violently pushing them down stairs.
• First-degree burglary (§ 13A-7-5)
  • Example: Breaking into an ex-partner’s home and attacking them while inside.
• First-degree criminal mischief (§ 13A-7-21)
  • Example: Destroying a partner’s property, such as setting their car on fire in a domestic dispute.
• Domestic strangulation (§ 13A-6-138)
  • Example: Choking a spouse during an altercation to the point where they struggle to breathe.

Penalties:

• Class B Felony: 2 to 20 years in prison
• Fines up to $30,000

Domestic Violence in the Third Degree

(Class A Misdemeanor) § 13A-6-132

Example: If someone slaps their partner during an argument, causing minor bruising but no serious injury, they could be charged with Third-Degree Domestic Violence.

A person commits Third-Degree Domestic Violence if they commit any of the following offenses against a domestic relation:

• Third-degree assault (§ 13A-6-22)
  • Example: Hitting, punching, or slapping a partner during an argument, causing bruises or minor injuries.
• Menacing (§ 13A-6-23)
  • Example: Threatening a partner with a gun or knife but not actually using it, making them fear for their safety.
• Reckless endangerment (§ 13A-6-24)
  • Example: Driving aggressively and nearly hitting a partner with a car during an argument.
• Criminal coercion (§ 13A-6-25)
  • Example: Forcing a partner to do something against their will under threat of harm, such as making them quit their job under the threat of physical violence.
• Harassment (§ 13A-11-8)
  • Example: Repeatedly calling, texting, or following an ex-partner after a breakup, even after they ask for no contact.
• Harassing communications (§ 13A-11-8(b))
  • Example: Sending threatening messages to a partner or ex-partner via phone, email, or social media.

Penalties:

• Class A Misdemeanor: Up to 1 year in jail
• Fines up to $6,000
• Mandatory minimum jail time for repeat offenses

Expungement of Domestic Violence Charges in Alabama

Previously, Alabama law did not allow for the expungement of domestic violence convictions, even for misdemeanors. However, changes made in 2021 have expanded expungement eligibility for certain misdemeanor offenses. Under these updates, some third-degree domestic violence charges (a misdemeanor) may now qualify for expungement if specific legal conditions are met.

However, felony domestic violence offenses, particularly those classified as violent crimes, remain ineligible for expungement under Alabama law. This means that individuals convicted of first-degree or second-degree domestic violence will have a permanent record, even if they have completed their sentence and rehabilitation programs.

Who Qualifies for Expungement?

To petition for expungement of a misdemeanor domestic violence conviction, an individual must:

• Complete all court-ordered requirements, including probation, restitution, and fines.
• Wait at least three years after conviction before applying.
• Have no additional convictions for violent crimes, sex offenses, or serious traffic offenses, as outlined in Alabama Code § 12-25-32.
• Demonstrate rehabilitation and compliance with court requirements.

Felony Domestic Violence Convictions and Expungement

Felony domestic violence convictions cannot be expunged unless the individual has received a full pardon with a restoration of civil and political rights from the Alabama Board of Pardons and Paroles. Even with a pardon, felony domestic violence convictions remain on a person’s record unless specifically removed through additional legal processes.

For more information on Alabama’s expungement laws and eligibility criteria, refer to Alabama Code § 15-27-1.

Legal Defense for Domestic Violence Charges

At Walton Law Firm, P.C., we defend certain domestic violence cases and ensure every client receives fair representation. We understand that not all domestic violence allegations are straightforward—some arise from false accusations, misunderstandings, or self-defense situations.

Our attorneys analyze evidence, witness statements, and legal circumstances to build a strong defense for our clients. If you or a loved one is facing domestic violence charges in Auburn, Opelika, Lee County, Chambers County, or surrounding areas, contact us to discuss your case.

Local Resources

for Domestic Violence Victims

If you or someone you know is experiencing domestic violence, help is available:

• Domestic Violence Intervention Center (Auburn, AL)
  📞 24/7 Crisis Line: (800) 650-6522
  🌐 www.dvic.org
• Alabama Coalition Against Domestic Violence
  📞 Crisis Line: (800) 650-6522
  🌐 www.acadv.org
• National Domestic Violence Hotline
  📞 24/7 Hotline: (800) 799-7233
  🌐 www.thehotline.org
• Lee County Sheriff’s Office – Domestic Violence Unit
  📞 (334) 737-7050

Final Thoughts

Domestic violence charges in Alabama carry severe legal consequences and cannot be erased from a criminal record. If you are facing charges, seek legal help immediately.

At Walton Law Firm, P.C., we provide legal defense for those accused of certain domestic violence charges in Auburn, Opelika, Lee County, Chambers County, and surrounding areas. If you need legal guidance, contact our office today to discuss your options.

For those experiencing domestic abuse, please know that help is available. Reach out to the resources above for immediate support and protection. 

Have you or a loved one been charged with a crime and need to speak to an experienced member of our legal team? Call the offices of Walton Law Firm today at 334-321-3000