Domestic Violence

Domestic violence in Alabama is charged in three degrees under Alabama Code §§ 13A-6-130, 13A-6-131, and 13A-6-132. Third-degree domestic violence is a Class A misdemeanor carrying up to one year in jail. First-degree domestic violence is a Class A felony carrying 10 to 99 years or life in prison. A conviction at any degree triggers a permanent federal firearms prohibition.

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What Is Domestic Violence in the Third Degree?

Third-degree domestic violence under § 13A-6-132 is the most commonly charged DV offense in Alabama. It applies when a person commits any of the following against a protected victim:

•       Third-degree assault (§ 13A-6-22)

•       Menacing (§ 13A-6-23)

•       Reckless endangerment (§ 13A-6-24)

•       Criminal coercion (§ 13A-6-25)

•       Harassment (§ 13A-11-8(a))

•       Harassing communications (§ 13A-11-8(b))

•       Criminal surveillance (§ 13A-11-32)

•       Third-degree criminal trespass (§ 13A-7-4)

•       Second or third-degree criminal mischief (§§ 13A-7-22, 13A-7-23)

•       Third-degree arson (§ 13A-7-43)

A first offense is a Class A misdemeanor carrying up to one year in jail and a fine of up to $6,000. If the defendant willfully violates a protection order while committing third-degree DV, the mandatory minimum is 30 days in jail with no reduction in time. A second conviction carries a mandatory minimum of 10 days in jail. A third or subsequent conviction or any conviction where the defendant has a prior conviction for first-degree DV, second-degree DV, or DV by strangulation elevates the charge to a Class C felony carrying 1 to 10 years in prison.

Third-degree DV often surprises defendants because the underlying conduct such as a verbal argument classified as harassment, or sending repeated unwanted text messages classified as harassing communications would normally be a Class C misdemeanor standing alone. The domestic relationship between the parties is what transforms the charge into a Class A misdemeanor with far more severe consequences. For more on how harassment charges work in Alabama, see our harassment charges defense page.

What Is Domestic Violence in the Second Degree?

Second-degree domestic violence under § 13A-6-131 applies when the defendant commits any of the following against a protected victim:

•       Second-degree assault (§ 13A-6-21)

•       Intimidating a witness (§ 13A-10-123)

•       Stalking (§ 13A-6-90)

•       Second or third-degree burglary (§§ 13A-7-6, 13A-7-7)

•       First-degree criminal mischief (§ 13A-7-21)

Second-degree domestic violence is a Class B felony carrying 2 to 20 years in prison and a fine of up to $30,000. A second or subsequent conviction imposes a mandatory minimum of six months in prison without consideration of probation, parole, or good time credit. That mandatory minimum doubles when the offense is committed while violating a protection order or in the presence of a child under 14 who is the child or stepchild of the victim or defendant.

This charge represents a significant escalation. A defendant who commits second-degree assault against a stranger faces a Class C felony (1 to 10 years). The same conduct against a spouse or dating partner becomes a Class B felony (2 to 20 years) with mandatory minimums on repeat offenses.

What Is Domestic Violence in the First Degree?

First-degree domestic violence under § 13A-6-130 applies when the defendant commits any of the following against a protected victim:

•       First-degree assault (§ 13A-6-20)

•       Aggravated stalking (§ 13A-6-91)

•       First-degree burglary (§ 13A-7-5)

First-degree domestic violence is a Class A felony carrying 10 to 99 years or life in prison and a fine of up to $60,000. A second or subsequent conviction imposes a mandatory minimum of one year in prison. That mandatory minimum doubles when the offense is committed while violating a protection order or in the presence of a child under 14.

Separately, domestic violence by strangulation or suffocation under § 13A-6-138 is a Class B felony carrying 2 to 20 years in prison. Strangulation means intentionally causing asphyxia by external pressure on the neck or throat. Suffocation means intentionally depriving a person of air or obstructing the airway by any means other than strangulation. This charge does not require visible injury — the act itself is sufficient.

What Are the Penalties for Domestic Violence in Alabama?

Protection order enhancement: mandatory minimums double for 1st and 2nd degree DV when committed while violating a protection order or in the presence of a child under 14. A conviction at any degree including misdemeanor triggers a lifetime federal firearms prohibition under 18 U.S.C. § 922(g)(9).

For context, here is how domestic violence penalties compare to the same underlying offenses charged without the domestic relationship element:

*DV 3rd escalates to a Class C felony (10 years max) on a third conviction or with a prior DV felony. The domestic relationship element transforms every underlying offense into a more serious charge with enhanced penalties.

How Common Are Domestic Violence Charges in Alabama?

Domestic violence is one of the most frequently charged violent offenses in Alabama. According to the Alabama Law Enforcement Agency (ALEA), the agency publishes dedicated annual Domestic Violence in Alabama reports through its Criminal Justice Services Division. Data from Crime in Alabama shows that aggravated assault. The most prevalent violent crime category in the state at 389 incidents per 100,000 residents — frequently involves domestic relationships. Alabama records at least 104 domestic violence-related homicides in recent reporting periods, with 79% of those homicides involving firearms. In Dothan alone, domestic violence-related assaults account for approximately 28% of all violent crime cases.

These numbers matter for defendants because they explain why prosecutors, judges, and law enforcement treat DV cases with particular severity and why courts routinely impose protection orders, mandatory arrest protocols under § 13A-6-133, and the predominant aggressor determination under § 13A-6-134 that can result in an arrest even when both parties are involved in the altercation.

Who Qualifies as a Protected Victim Under Alabama’s DV Statutes?

Alabama’s domestic violence statutes apply only when the alleged victim falls into a specific protected relationship category. The victim must be a:

•       Current or former spouse

•       Parent or step-parent

•       Child or step-child

•       Grandparent or step-grandparent

•       Grandchild or step-grandchild

•       Any person with whom the defendant has a child in common

•       Present household member

•       Person who has or had a dating relationship with the defendant

For second and third-degree charges, a “household member” excludes non-romantic or non-intimate co-residents. A roommate with no romantic history falls outside the statute. A “dating relationship” means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party. If the alleged victim does not fall into one of these categories, the underlying offense (assault, harassment, stalking) can still be charged but without the domestic violence label and enhanced penalties.

What Are the Consequences Beyond Jail or Prison Time?

A domestic violence conviction in Alabama carries consequences that extend far beyond the sentence itself. A conviction at any degree — including a Class A misdemeanor third-degree conviction triggers a lifetime federal firearms prohibition under 18 U.S.C. § 922(g)(9). This is a federal law that Alabama courts cannot waive or override. An expungement of the Alabama conviction does not restore firearm rights. A separate Certificate of Pardon from the Alabama Board of Pardons and Paroles is required.

Alabama courts routinely issue protection orders in DV cases that restrict where the defendant can live, work, and travel, and whether the defendant can have contact with the alleged victim or children. Violating a protection order is itself a Class A misdemeanor under § 13A-6-142, and repeated violations escalate to a Class C felony. A DV conviction can also affect child custody determinations under § 30-3-131, a finding of domestic violence creates a rebuttable presumption that custody with the perpetrator is detrimental to the child.

For military personnel and defense contractors at Redstone Arsenal, Maxwell Air Force Base, and Fort Novosel, any DV conviction triggers security clearance review and potential revocation, in addition to the federal firearms prohibition that directly conflicts with military service requirements. For information on how Aniah’s Law affects bail eligibility for DV cases, see our Aniah’s Law explainer. For information on clearing your record, visit our Alabama expungement page.

What Defenses Are Available for Domestic Violence Charges?

Being charged does not mean being convicted. At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.

Self-Defense

Alabama law recognizes the right to use reasonable force in self-defense. If the defendant was responding to a physical attack or imminent threat from the alleged victim, self-defense is a complete defense. We document the full sequence of events, including any injuries sustained by the defendant and any history of aggression by the alleged victim.

False Allegations and Witness Credibility

DV charges frequently arise from relationship disputes, custody battles, divorce proceedings, and situations where emotions override facts. As one Alabama defense firm notes, charges are “frequently brought alongside divorce or child custody proceedings in an attempt to strengthen that case.” We examine the accuser’s motivations, prior statements, communications between the parties, and any evidence that contradicts the allegation.

Challenging the Protected Relationship Element

DV charges require proof that the defendant and alleged victim share a protected relationship as defined by the specific statute. If the relationship does not meet the statutory definition — for example, a non-romantic co-resident under a statute that excludes non-romantic or non-intimate co-residents. The DV charge does not apply. The defendant may still face the underlying offense but without the enhanced DV penalties, mandatory minimums, and federal firearms consequences.

Lack of Intent

Third-degree DV requires the defendant to have committed an intentional act. Accidental contact, mutual confrontations, and situations where the defendant did not intend to cause harm may not meet the legal definition. We examine the full context of the interaction to challenge the state’s case on intent.

Predominant Aggressor Challenges

Under § 13A-6-134, Alabama law enforcement must determine the “predominant aggressor” before making a DV arrest. Officers are required to consider the history of domestic violence between the parties, the relative severity of injuries, and whether either party acted in self-defense. If law enforcement failed to conduct the required assessment, or arrested the wrong party, we challenge the validity of the arrest.

Constitutional Violations

If the arrest was made without probable cause, or if evidence was obtained through an unlawful search of the defendant’s phone or communications without a valid warrant, we move to suppress that evidence.

Why Experience Matters

DV cases require an attorney who understands the escalation between degrees, the mandatory minimums triggered by prior convictions and protection order violations, the federal firearms consequences, and the custody and family court implications. Our attorneys have handled these cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama.

Frequently Asked Questions About Domestic Violence Charges

A domestic violence charge can feel overwhelming, especially when the arrest happens quickly and you are unsure what degree you are facing. Here are the questions we receive most often.

What is domestic violence 3rd degree in Alabama?

Third-degree domestic violence under § 13A-6-132 is a Class A misdemeanor that applies when a person commits harassment, menacing, third-degree assault, reckless endangerment, criminal coercion, harassing communications, criminal surveillance, criminal trespass, criminal mischief, or arson against a protected victim such as a spouse, parent, child, household member, or dating partner. A first offense carries up to one year in jail and a $6,000 fine. A third or subsequent conviction, or a conviction with a prior DV felony, elevates the charge to a Class C felony carrying 1 to 10 years in prison.

Will I lose my gun rights if convicted of domestic violence in Alabama?

Yes. A conviction at any degree including a Class A misdemeanor third-degree conviction triggers a lifetime federal firearms prohibition under 18 U.S.C. § 922(g)(9). This is a federal law that Alabama courts cannot waive. An expungement does not automatically restore firearm rights. A separate Certificate of Pardon from the Alabama Board of Pardons and Paroles is required.

Can domestic violence charges be dropped in Alabama?

The alleged victim does not control whether charges move forward. Once police make an arrest, the state prosecutes the case, and charges can proceed even when both parties insist it was a misunderstanding. A prosecutor can dismiss charges based on insufficient evidence or other factors, but an experienced defense attorney is essential to presenting the evidence and arguments that lead to that outcome.

What is the difference between domestic violence degrees in Alabama?

The degree depends on the severity of the underlying conduct. Third-degree DV (§ 13A-6-132) covers harassment, menacing, and minor assault. Class A misdemeanor. Second-degree DV (§ 13A-6-131) covers second-degree assault, stalking, and burglary. Class B felony, 2 to 20 years. First-degree DV (§ 13A-6-130) covers first-degree assault, aggravated stalking, and first-degree burglary. Class A felony, 10 to 99 years or life.

How does a domestic violence conviction affect child custody in Alabama?

Under § 30-3-131, a finding of domestic violence creates a rebuttable presumption that custody with the perpetrator is detrimental to the child. The court may order supervised visitation, require anger management or parenting classes, and impose geographic restrictions. A DV conviction does not automatically disqualify a parent, but it significantly shifts the burden in custody proceedings.