Does Anyone Even Read This Stuff?

I’ve got to go to court this afternoon for a client who is charged with domestic violence (Ala. Code 13A-6-132). In a nutshell, the state has to prove my client did something not nice to a person who is:

a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.

In this case, the state may try to prove that the complainant was a “household member.” Naturally, I want to know what a household member is. Is it enough that she once spent the night at my client’s house? Or do they need proof that she used it as her official address?

I had to turn to another section of the code to find an answer. In the definitions section of the Protection From Abuse Act, I found this at section 30-5-2(a)(4)(emphasis added):

FAMILY OR HOUSEHOLD MEMBERS. A spouse, former spouse, parent, child, or any other person related within the 6th degree consanguinity or affinity or common-law marriage, a person with whom the plaintiff has a child in common, or a present or former household member.

That’s great. A household member is “a present or former household member.” Wonderful. That really helps. Thanks.

Note to legislators, if you don’t want courts misinterpreting your words, then make your meaning clear.

Explore posts in the same categories: Alabama Legislature, Goobers, Trials

One Comment on “Does Anyone Even Read This Stuff?”

  1. JCH Says:

    That’s why only lawyers should be allowed to run for office. 🙂

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