Hearing Required Within 10 Days of Issuance of Ex parte PFA Order

Ex parte C.C., [Ms. CL-2023-0368, May 31, 2023] __ So. 3d __ (Ala. Civ. App. 2023). The court (Edwards, J.; Thompson, P.J., and Moore, Hanson, and Fridy, JJ., concur) issues a writ of mandamus to the Madison Circuit Court directing the court to set a final hearing on an ex parte protection from abuse order that “prohibits the husband from having any contact with the wife or the parties’ children.”

The Protection From Abuse Act, § 30-5-1 et seq., Ala. Code 1975, provides in pertinent part that “‘[t]he court shall hold a hearing after the filing of a petition under [the Act], upon the request of the defendant or within 10 days of the perfection of service.’” Ms. *3. In issuing the writ “[t]he court notes the “imperative nature of the term ‘shall’ in the statute. See Oliver v. Shealey, 67 So. 3d 73, 76 (Ala. 2011) (indicating that ‘[t]he word ‘shall’ can be permissive in a situation where it would frustrate legislative intent to hold otherwise, but if no such circumstance exists, it is mandatory’).” Ms. *7.

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