This chapter may be cited as the 'Family Violence Protection Order Enforcement Act.' The purpose of this chapter is to provide criminal sanctions for the willful violation of certain protective or restraining orders issued in circuit, district, municipal, or juvenile courts in domestic relations or family violence cases.

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) FAMILY VIOLENCE. The definition provided in Section 15-10-3, in pari materia with the definition provided for 'abuse' in Sections 30-5-1 to 30-5-11, inclusive.

(2) JUDGE. The judge presiding in a court having jurisdiction over the defendant for violation of this chapter and shall include a duly appointed magistrate conducting initial appearances pursuant to the Alabama Rules of Criminal Procedure or Juvenile Procedure.

(3) PROTECTION ORDER or RESTRAINING ORDER. Any order of a court of competent jurisdiction, whether or not located in this state, the purpose of which is to prohibit a person from committing any or all of the following acts: harass, annoy, alarm, intimidate, assault, communicate with, or otherwise bother another person. This definition shall include, but not be limited to, protection orders issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, and restraining orders or injunctions issued in domestic relations, family violence or juvenile cases in accordance with the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure, or both, and other applicable statutes and court rules. Restraining or protection orders not issued pursuant to the Protection From Abuse Act, Sections 30-5-1 to 30-5-11, inclusive, must specify that a history of violence or abuse exists for the provisions of this chapter to apply.

(a) Any proceeding under this chapter shall be in accordance with the Rules of Civil Procedure and shall be in addition to any other civil or criminal penalties provided by law. It is specifically provided that any defendant shall have the same rights, remedies, and due process where any wrongful action is instituted as any defendant in other civil and criminal actions.

(b) Upon violation of a protection order or a court approved consent agreement, the court may hold the defendant or plaintiff as the case may be, in contempt and punish him or her in accordance with the law.

(c)(1) A willful violation of a protection order, restraining order or injunctive order issued to bring about a cessation of the abuse of a person and which is issued by a court of competent jurisdiction is a Class A misdemeanor.

(2) The first and any subsequent conviction for a willful violation of a protection order, restraining order or injunctive order issued to bring about a cessation of the abuse of a person is a Class A misdemeanor. A second conviction for violation of a protection order, restraining order or injunctive order issued to bring about a cessation of the abuse of a person shall, in addition to any other penalty or fine, be punishable by a minimum of 48 hours continuous imprisonment which may not be suspended. A third or subsequent conviction shall, in addition to any other penalty or fine, be punishable by a minimum sentence of 30 days imprisonment which may not be suspended.

A peace officer may arrest any person for the violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid protection order, whether temporary or permanent, which has been served on the person or of which the person has received sufficient notice that the protection order has been issued. The officer may arrest the person without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, a protection order shall constitute prima facie evidence of the validity of the order.

Lack of knowledge by the defendant of the order which was violated shall be an affirmative defense to conviction for violating this chapter at trial only, but shall not affect the determination of the arresting officer in deciding to arrest. Nothing in this section shall change the burden of proof required in a criminal prosecution.

Nothing in this chapter shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.

The provisions of this chapter shall be construed in pari materia with all laws which relate to punishment and sentences for any civil or criminal offense, including, but not limited to, contempt of court, domestic abuse, child abuse, family abuse, or juvenile abuse, and the punishment and sentences provided in Chapter 5 of Title 13A. All laws which otherwise conflict with this chapter are repealed only to the extent of the conflict.