Domestic violence third degree — usually written as DV 3rd or DV III — is one of the most frequently filed domestic-violence charges in Alabama.
But “domestic violence third degree” does not describe just one type of conduct.
Instead, Alabama Code §13A-6-132 applies certain underlying offenses when the alleged victim has a qualifying domestic relationship with the accused.
Quick Answer: What Is DV Third Degree in Alabama?
A person may be charged with domestic violence third degree when the person allegedly commits one of several listed offenses against someone who falls within a relationship category specified by Alabama law.
Underlying offenses can include:
- Assault third degree
- Menacing
- Reckless endangerment
- Harassment
- Harassing communications
- Criminal coercion
- Certain criminal mischief offenses
- Certain criminal trespass offenses
- Other offenses listed in the statute
A first DV-third conviction is generally a Class A misdemeanor, although repeat convictions and other circumstances can significantly increase the consequences.
Who Counts as a Domestic-Violence Victim?
The statute covers qualifying relationships including certain:
- Current spouses
- Former spouses
- Parents and children
- Step-relatives
- Grandparents and grandchildren
- People who have a child together
- Present household members
- People in current or former dating relationships
Whether the relationship falls within the statutory definition is itself part of the legal analysis.
Does the Alleged Victim Have to Be Injured?
No.
Because DV third can be based on underlying offenses such as harassment, menacing, or harassing communications, a physical injury is not required in every DV case.
That is why arguments, text messages, alleged threats, unwanted contact, and other conduct can sometimes result in a domestic-violence arrest.
What Happens When the Alleged Victim Wants the Charges Dropped?
This is one of the most common questions in domestic-violence cases.
The alleged victim does not personally control the criminal prosecution after charges have been filed.
The case is prosecuted by the government.
An alleged victim’s position may be important, but simply saying “I want to drop the charges” does not automatically dismiss the case.
No-Contact Orders Can Create Immediate Problems
Domestic-violence arrests are often accompanied by bond conditions or court orders restricting communication or contact.
Those orders need to be followed even if:
- The parties are married
- They live together
- They share children
- The alleged victim initiates communication
- Both people want contact
Violating a court order can create additional legal problems.
If a no-contact provision needs to be changed, the proper approach is to ask the court to modify it.
Evidence Beyond the Accuser’s Statement
Modern DV cases may involve:
- 911 recordings
- Body-camera footage
- Photographs
- Text messages
- Social-media messages
- Medical records
- Neighbor testimony
- Children or other witnesses
- Recorded jail calls
The initial allegation is only one part of the evidence.
Self-Defense Can Matter
Not every physical confrontation is a criminal assault. Some cases involve competing claims about:
- Who started the confrontation
- Whether one person was defending themselves
- Whether injuries are consistent with the allegations
- Whether both parties used force
- Whether witness statements changed The full circumstances matter.
Frequently Asked Questions
Is DV 3rd a felony in Alabama?
A first conviction is ordinarily a Class A misdemeanor. Alabama law contains enhanced provisions for repeat domestic-violence convictions and certain prior DV convictions that can result in felony treatment.
Can the victim drop domestic violence charges?
The prosecutor controls the criminal prosecution. An alleged victim may communicate a position, but cannot automatically dismiss the charge.
Will I be ordered to stay away from my spouse?
A court may impose no-contact conditions depending on the case. Any existing order should be strictly followed unless and until the court changes it.
Can text messages result in a DV charge?
Potentially. Harassing communications is among the offenses that can support DV-third allegations when the required domestic relationship exists.
Charged With Domestic Violence in Huntsville?
A domestic-violence charge can immediately affect your home, family relationships, employment, firearm rights, and reputation.
Call Nick Law represents people facing DV allegations throughout Huntsville and North Alabama.
This article provides general information and is not legal advice concerning any specific case.
Nick Lough is a Huntsville attorney with nearly a decade of experience fighting for clients in criminal defense, family law, and personal injury cases. He provides dedicated, client-focused legal representation.
