Alabama Domestic Harassment and Domestic Violence 3rd Degree Defense

By: Whitney Polson, Partner in the Criminal Defense Lawyer Office of Polson & Polson, P.C. in Metro Birmingham AL

In Alabama, domestic violence in the third degree is committed when a person commits one of a listed group of offenses and the victim is someone in a qualifying domestic relationship. The listed offenses are assault in the third degree, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, criminal trespass in the third degree, criminal mischief in the second or third degree, and arson in the third degree.

Alabama domestic violence laws differ from other southern states. Each state writes its own statutes. Georgia, South Carolina, and Mississippi have different laws. What counts as domestic violence in one state may not in another.

Alabama domestic violence violations are serious crimes. Taking out a temporary restraining order involves sensitive issues. Jail time is likely. This legal action can create conflict between family members and friends.

An officer may arrest you without a warrant for a domestic violence offense. If both sides complain of abuse, or both have injuries, the officer must weigh each complaint and decide who was the predominant aggressor. Even a misdemeanor domestic violence charge can result in jail time.

Avoiding a criminal charge does not by itself end the risk of court-ordered restrictions. A protection order is a separate proceeding. A judge may bar you from contacting the other party, order you to stay away from a home, school or workplace, remove you from a residence you share, and award temporary custody of the children.

Domestic violence third degree is sometimes called domestic violence third degree assault. That is because assault in the third degree, which means causing physical injury to another person, is one of the offenses the statute lists. Other listed offenses, such as harassment, require no physical injury at all.

Once charges are filed, three things matter most: the facts of the incident, the nature of the relationship, and any past convictions. The penalties in the statute go up with each conviction. A conviction is serious whether the charge is a misdemeanor or a felony. A guilty finding can mean jail time, fines set by the court, and other penalties.

7 Common Alabama Domestic Violence Questions and Answers

Is domestic violence 3rd degree a felony in Alabama?

Usually not. A first or second conviction for Domestic Violence 3rd Degree is a Class A misdemeanor. A third or subsequent conviction is a Class C felony.

The charge is also a Class C felony, even on a first offense, if the defendant already has a conviction for Domestic Violence 1st Degree, Domestic Violence 2nd Degree, domestic violence by strangulation or suffocation, or a domestic violence or substantially similar conviction from another state or jurisdiction.

Is domestic violence 3rd degree in Alabama a misdemeanor?

A first or second conviction of Domestic Violence 3rd Degree is a Class A misdemeanor. A second conviction does require a minimum of 10 days in jail without consideration for any reduction in time.

Can you drop domestic violence charges in Alabama?

The alleged victim does not control whether charges are dropped. In Alabama, the prosecutor decides whether to pursue or dismiss a case. While a victim's wishes may be considered, the state may proceed even if the victim does not want to press charges. An officer may not base the decision to arrest on what the victim asks for.

What are the various domestic violence degrees in Alabama?

Alabama recognizes three degrees of domestic violence. Domestic Violence 1st Degree is the most serious and is a Class A felony. Domestic Violence 2nd Degree is a Class B felony. Domestic Violence 3rd Degree is the least serious and is a Class A misdemeanor on first or second conviction. Domestic violence by strangulation or suffocation is a separate Class B felony.

Has Alabama's domestic violence law changed?

Yes, and older summaries still in circulation do not match the current text. The statute in force now defines its own terms. A household member excludes non-romantic or non-intimate co-residents. 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.

How can I find the 3rd degree domestic violence definition?

The next section sets out the legal definition. Domestic Violence 3rd Degree covers a set list of offenses between parties in a qualifying domestic relationship.

Can a person still have a misdemeanor after 3 domestic violence charges?

Charges are not convictions, and it is convictions that count. A third or subsequent conviction for Domestic Violence 3rd Degree is a Class C felony, and convictions in municipal court count toward that total. A second conviction is still a Class A misdemeanor, but it carries a minimum of 10 days in jail.

What is domestic harassment in Alabama?

Domestic harassment refers to the crime of harassment when the accused and victim share a qualifying domestic relationship. That makes the offense chargeable as Domestic Violence in the Third Degree. Qualifying relationships include current or former spouses, parents, children, present household members, and current or former dating partners.

Is DV harassment the same as domestic violence 3rd degree?

DV harassment is one of several underlying offenses that can result in a Domestic Violence 3rd Degree charge. When harassment occurs between parties in a domestic relationship the statute lists, the harassment charge becomes a domestic violence charge.

Can I be charged with domestic violence just for text messages or phone calls?

Yes. Harassing communications, including phone calls and electronic messages sent with intent to harass or alarm, is a crime in its own right. When the recipient shares a domestic relationship with you, those communications could support a Domestic Violence 3rd Degree charge.

What Is Domestic Harassment in Alabama?

Domestic harassment is harassment aimed at someone who shares a qualifying domestic relationship with the accused under Alabama law. The domestic harassment definition is not found in a single statute. It combines two code sections: the crime of harassment and harassing communications, and the domestic violence label that raises it.

A person commits harassment by striking, shoving, kicking, or otherwise touching another person, or subjecting that person to physical contact, with intent to harass, annoy, or alarm. Harassment also covers directing abusive or obscene language, or making an obscene gesture, toward another person. It covers a threat as well, verbal or nonverbal, made with the intent to carry it out, that would cause a reasonable person who is the target to fear for his or her safety. On its own, harassment is a Class C misdemeanor.

When the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, or step-grandchild, the charge changes. The charge also changes when the defendant has a child in common with the victim. It also changes when the victim is a present household member. It also changes when the parties have or had a dating relationship. In each of those cases, the charge becomes Domestic Violence in the Third Degree. "DV harassment" and "domestic harassment" both mean the same thing: harassment raised by the domestic relationship between the parties.

The same rules apply in Jefferson County and across metro Birmingham. Officers are often called out to a domestic disturbance. If the conduct they find fits the legal meaning of harassment, the relationship between the parties decides how the charge is filed.

When Is Harassment Domestic Violence Under Alabama Law?

Harassment becomes Domestic Violence in the Third Degree when the parties involved share a qualifying domestic relationship. The victim must fall within one of the relationship categories the statute defines.

Qualifying relationships include current or former spouses, parents, step-parents, children, step-children, grandparents, step-grandparents, grandchildren, step-grandchildren, persons with a child in common, present household members, and persons who have or had a dating relationship with the defendant. The statute defines its own terms. A household member excludes non-romantic or non-intimate co-residents. 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.

Between strangers, that same physical conduct or threatening language is a Class C misdemeanor harassment charge. Between people in a qualifying domestic relationship, it is a Class A misdemeanor charge of Domestic Violence 3rd Degree. The relationship is the deciding factor. For a full breakdown of every qualifying relationship, see the "What is a Domestic Relationship?" section below.

This difference matters. Domestic violence charges carry effects that standard harassment charges do not. A domestic violence conviction can cost you the right to possess a firearm under both Alabama and federal law, can be followed by a protection order, and appears differently on background checks used by employers, landlords, and licensing agencies.

How Domestic Violence and Harassment Charges Differ in Alabama

Under Alabama law, the link between domestic violence and harassment is simple but often misread. The conduct may be the same. What changes is the charge label, the penalties, and the long-term fallout.

The Charge Label Changes

Standard harassment is a Class C misdemeanor. Alabama's sentences for misdemeanors cap a Class C misdemeanor at three months in the county jail. Harassing communications, which covers telephone calls, texts, emails, and other written or electronic messages made with intent to harass or alarm, is also a Class C misdemeanor.

When the same conduct occurs between parties in a domestic relationship, the charge elevates to Domestic Violence in the Third Degree. A first DV 3rd Degree offense is a Class A misdemeanor, which carries up to one year in jail.

Repeat Offenses Carry Escalating Consequences

The third-degree statute raises the penalties for repeat domestic violence convictions. A second conviction is still a Class A misdemeanor, but the defendant must serve a minimum term of 10 days in a city or county jail or detention facility, without consideration for any reduction in time. A third or subsequent conviction is a Class C felony. Alabama's sentences for felonies set a Class C felony at not less than one year and one day and not more than 10 years.

A previous conviction for Domestic Violence 1st Degree, Domestic Violence 2nd Degree, domestic violence by strangulation or suffocation, or a domestic violence or substantially similar conviction from another state or jurisdiction makes even a first third-degree conviction a Class C felony. Convictions in municipal court count toward the second, third or subsequent total.

Standard harassment charges carry none of these repeat-offense enhancements.

Protection Order Violations Add Mandatory Jail Time

If a person commits DV 3rd Degree while willfully violating a protection order issued by a court of competent jurisdiction, the minimum term of imprisonment is 30 days, again without consideration of reduction in time.

Violating a domestic violence protection order is also a separate crime. A first conviction is a Class A misdemeanor. A second conviction carries a minimum of 30 days in prison that may not be suspended. A third or subsequent conviction is a Class C felony. The court must also order an additional fine of $50, which goes to the state's Domestic Violence Trust Fund.

Protection orders are issued under the Protection From Abuse Act, which the legislature wrote to give victims a flexible and speedy remedy. But the domestic violence article uses a wider definition of a protection order. That definition also takes in a restraining, injunctive or release order issued in a domestic relations or family violence case, and an order placing conditions on pre-trial release in a criminal case.

Collateral Consequences Set DV Apart

A domestic violence conviction – even a misdemeanor – brings effects that a standard harassment conviction does not. Within 30 days of a conviction or final order in a case involving a misdemeanor domestic violence charge, Alabama courts must have it reported to state law enforcement for entry into the state firearms prohibited person database.

That entry matters. Alabama law makes it a crime for a person convicted of a misdemeanor offense of domestic violence, or a person subject to a valid protection order for domestic abuse, to own or possess a firearm, and a violation is a Class C felony. Federal law restricts firearm possession after a misdemeanor crime of domestic violence as well.

Beyond guns, a DV conviction may affect custody, immigration status, professional licensing, and your job. These added effects make the gap between a harassment charge and a domestic violence charge real, even when the conduct is the same.

Anyone facing domestic violence and harassment charges in Alabama should talk to a criminal defense lawyer. A lawyer can explain how the law applies to your own case. In a harassment case, a lawyer looks first at the relationship between the parties.

What Alabama's Third-Degree Domestic Violence Statute Says

A person commits domestic violence in the third degree by committing one of these crimes against a person in a qualifying domestic relationship: assault in the third degree, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, criminal trespass in the third degree, criminal mischief in the second or third degree, or arson in the third degree.

The victim must be a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. A household member for this purpose excludes non-romantic or non-intimate co-residents.

Domestic violence in the third degree is a Class A misdemeanor. A second conviction is also a Class A misdemeanor, except that the defendant must serve a minimum term of 10 days in a city or county jail or detention facility, without consideration for any reduction in time. A third or subsequent conviction is a Class C felony.

If a defendant willfully violates a protection order issued by a court of competent jurisdiction, and in the process of violating it commits domestic violence in the third degree, the minimum term of imprisonment is 30 days without consideration of reduction in time.

If you face a charge like this, time is short. Start on your defense without delay. An Alabama domestic violence lawyer can work with you to fight for justice.

What Is a Domestic Relationship?

A charge of domestic violence requires two elements. First, the accused must have committed one of several specific underlying offenses. Second, the victim must be a person with whom the accused shares a qualifying relationship.

Alabama law lists these qualifying domestic relationships:

• Current or former spouses
• Parents and children
• Step-parents and step-children
• Grandparents and grandchildren
• Step-grandparents and step-grandchildren
• Persons with a child in common
• Present household members, excluding non-romantic or non-intimate co-residents
• Persons who have or had a dating relationship, meaning a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party

Engagement is not on that criminal list, though it matters elsewhere. For a protection order under the Protection From Abuse Act, a dating relationship expressly includes the period of engagement to be married, and excludes a relationship that ended more than 12 months before the petition was filed.

Degrees of Alabama Domestic Violence Crimes

The Alabama legislature has divided domestic violence crimes into degrees. Each degree lists the specific offenses it covers. The charge you face therefore depends on which underlying offense the state says you committed and on your relationship with the complaining witness.

The degree of the crime corresponds with the seriousness of the charge, and the class of the offense sets the sentencing range. A Class A misdemeanor carries not more than one year in the county jail, a Class B misdemeanor not more than six months, and a Class C misdemeanor not more than three months. Felony ranges run from one year and one day to 10 years for a Class C felony, two to 20 years for a Class B felony, and 10 to 99 years or life for a Class A felony.

Where the statute sets a minimum term, that time is served without consideration of probation, parole, good time credits, or any other reduction in time. For first- and second-degree domestic violence, the minimum doubles if the defendant willfully violated a protection order in the course of the offense, or committed it in the presence of a child under 14 who is the victim's or the defendant's child or step-child, or who lives in or was visiting the household.

Domestic violence charges are delineated as follows:

Domestic violence 1st degree involves first-degree assault, aggravated stalking, or first-degree burglary. It is a Class A felony, and a second or subsequent conviction carries a minimum term of one year.

Domestic violence 2nd degree involves second-degree assault, intimidating a witness, stalking, second- or third-degree burglary, or first-degree criminal mischief. It is a Class B felony, and a second or subsequent conviction carries a minimum term of six months.

Domestic violence 3rd degree involves third-degree assault, menacing, reckless endangerment, criminal coercion, harassment, criminal surveillance, harassing communications, third-degree criminal trespass, second- or third-degree criminal mischief, or third-degree arson.

An Alabama domestic violence lawyer can help you weigh how serious the charges are. A lawyer can also build a defense aimed at reducing the penalties.

Domestic Violence 3rd Degree Alabama – Misdemeanor, Felony or Both?

Domestic Violence 3rd Degree reaches more conduct than the other two degrees, because the statute lists ten underlying offenses that can support it. It may be either a felony or a misdemeanor. Knowing what the charge covers helps explain when it becomes a felony.

Under the Alabama Criminal Code, Domestic Violence 3rd Degree is an underlying offense, in most cases a misdemeanor, raised by the domestic relationship between the parties. The underlying offenses are Assault 3rd Degree, Harassment, Menacing, Reckless Endangerment, Criminal Coercion, Criminal Surveillance, Harassing Communications, Criminal Trespass 3rd Degree, Criminal Mischief 2nd or 3rd Degree, and Arson 3rd Degree.

The victim must be a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, a person with whom the defendant has a child in common, a present household member, or a person with whom the defendant has or had a dating relationship.

Whether Domestic Violence 3rd Degree is a felony or a misdemeanor in Alabama turns on prior convictions. A first or second conviction of Domestic Violence 3rd Degree is a Class A misdemeanor. However, a second conviction requires a minimum of 10 days in jail.

Having two prior convictions for Domestic Violence 3rd Degree in Alabama makes a third or subsequent conviction a Class C felony. A prior conviction for Domestic Violence 1st Degree, Domestic Violence 2nd Degree, or domestic violence by strangulation or suffocation makes even a first Domestic Violence 3rd Degree conviction a Class C felony.

Contacting a Domestic Violence Attorney Near Me in Alabama

Defense strategies, including self-defense, can work in the hands of an experienced Alabama domestic violence lawyer. The arrest rules recognize as much: a person who acts in a reasonable manner to protect himself or herself, or another family or household member, from domestic violence may not be arrested for it.

A careful read of the statute you are accused of breaking can sometimes give grounds for dismissal or a nolle prosequi of the charge. An Alabama appellate court will reverse a conviction when the evidence is insufficient, as a matter of law, to prove an element of the offense. In Brand v. State, 960 So.2d 748 (Ala. Crim. App. 2006), the Court of Criminal Appeals held the evidence insufficient to establish a dating relationship, reversed the third-degree domestic violence conviction, and remanded with instructions to enter judgment on the lesser included offense of harassment.

Time is essential. Do not delay. A protection order can issue without notice to you and without a hearing, and the court must grant or deny a temporary ex parte petition within three business days of its filing. The sooner you hire a DV lawyer, the more time there is to build your case. At a minimum, your lawyer can argue for a lighter punishment.

A conviction can change your life and the lives of the people close to you. Speak with a criminal defense lawyer today.

Call Polson & Polson, P.C. at 205 – 871 – 8838 or 205 – 401 – 3171. You can text your inquiry after normal business hours to 205 – 401 – 3171.

Related topics:

Domestic Violence 1st Degree

Second Degree Domestic Violence

Second Degree Domestic Violence by Strangulation Suffocation

Domestic Violence: Various Degrees Within DV Laws in Alabama

Domestic Violence 3rd Degree: Alabama DV Third or AL CDV 3rd

Speak With an Alabama Domestic Violence and Harassment Defense Attorney

A domestic violence or domestic harassment conviction in Alabama may follow you for years. Even a misdemeanor DV 3rd Degree conviction can result in a criminal record, firearm restrictions, and a protection order that limits where you can go and who you can contact. Repeat convictions can make a future charge a felony.

Polson & Polson, P.C. offers a case review. The review covers the charges you face, the penalties Alabama law allows, and the defenses that may apply to your case.

If you have been charged with domestic violence, domestic harassment, or a related offense in Alabama, contact Polson & Polson, P.C. to talk about your case. The sooner you speak with a criminal defense lawyer, the sooner you can start building your defense.

Frequently Asked Questions

What Is the Definition of Domestic Harassment in Alabama?

Domestic harassment refers to the crime of harassment – unwanted physical contact, abusive or obscene language, or a threat made with the intent to carry it out – committed with intent to harass, annoy, or alarm, when it occurs between parties in a qualifying domestic relationship. The charge is filed as Domestic Violence in the Third Degree.

Is Harassment the Same as Domestic Violence Under Alabama Law?

No. Harassment on its own is a standalone Class C misdemeanor. It becomes domestic violence only when the victim and accused share one of the domestic relationships the third-degree statute lists, such as current or former spouses, parents, children, present household members, or current or former dating partners.

Can Text Messages or Phone Calls Lead to a Domestic Violence Charge in Alabama?

Yes. Harassing communications covers phone calls, texts, emails, and other written or electronic messages made with intent to harass or alarm. These communications may be charged as Domestic Violence 3rd Degree when the recipient shares a qualifying domestic relationship with the accused.

What Is the Difference Between Harassment and Domestic Violence 3rd Degree in Alabama?

The conduct may be the same, but the consequences differ. Standard harassment is a Class C misdemeanor with up to three months in jail. Domestic Violence 3rd Degree is a Class A misdemeanor with up to one year in jail, and a second conviction carries a mandatory minimum of 10 days. A third or subsequent conviction is a Class C felony.

Can Domestic Harassment Charges in Alabama Be Dropped by the Alleged Victim?

The alleged victim does not control whether charges are dropped. In Alabama, the prosecutor decides whether to pursue or dismiss a domestic violence case. While a victim's wishes may be considered, the state may proceed with the case even if the victim does not want to press charges. Consult an attorney for guidance on your specific situation.