[Approved 8-21-15.] Determination raises rebuttable presumption that child reside with parent not perpetrator. First-degree domestic violence occurs when the defendant commits either aggravated stalking or first-degree assault. Criminal eavesdropping, Section 13A-11-32.1. Finding of domestic violence constitutes change in circumstances. Enforcement of registered determination. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Section 30-3-135. Section 30-3-134. (c) A second conviction under subsection (a) is a Class A misdemeanor, except the Uploaded by epraetorian. Chapter to be construed in pari materia with certain laws. 30-2-1. b. Offenses Against Public Order and Decency, Section 13A-11-8. The law also states that this jail time is without consideration of probation, parole or good time credit, which means the judge can make you sit and think about your conduct for the full term. Cite this article: FindLaw.com - Alabama Code Title 13A. Section 30-5B-8. Domestic Violence and Related Offenses. Plus, carefully reading the text of the statute that you are accused of violating can sometimes yield grounds for a dismissal or a nolle prosequi of the charge. who is the target of the threat to fear for his or her safety. Civil harassment includes a long list of behaviors that are meant to intimidate or harm another person. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Domestic violence -- First degree. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Domestic Violence Protection Order Enforcement Act Article 9. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Section 13A-6-137. Offenses Against Order and Safety, Article 1. This includes a review of the facts leading up to the event in question, inquiry into the nature of the relationship at issue, and any prior unlawful relationship conduct between these parties. (b)(1) HARASSING COMMUNICATIONS. You already receive all suggested Justia Opinion Summary Newsletters. For this reason, even if the accusation of domestic violence was a mistake, you could still be charged. Costs, fees, and expenses. Section 30-3B-210. Application and construction. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either: a. Visitation by parent who committed violence. Directs abusive or obscene language or makes an obscene gesture towards another person. Uniform Interstate Enforcement of Domestic Violence Protection Orders. Section 30-5B-10. Aggravated criminal surveillance, Section 13A-11-33. Assault in the second degree, Section 13A-6-22. It also often leads to a restraining order. Home Domestic Violence Lawyer in Birmingham, AL Harassment Charges in Alabama. Criminal Code 13A-6-132 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (d) A third or subsequent conviction under subsection (a) is a Class C felony. In February of 2021, Egyptian media leaked a draft personal status law that led to an uproar from Egyptian women. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact. Download Domestic Violence Victims Community Resources Guide ID Abuse Partners Mobile County District Attorney's Office Nothing in this section shall apply to legitimate business telephone communications. App. Directs abusive or obscene language or makes an obscene gesture towards another person. The state legislature has divided domestic violence crimes into several categories for which prohibited conduct is described. Notice to persons outside state. Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere. What Constitutes Harassment In Alabama? An assault. this Section. Issuance of elder abuse protection orders, 38-9F-7. Stalking and Aggravated Stalking. Sworn petition for relief on behalf of elderly person. (2) Harassing communications is a Class C misdemeanor. Alabama disorderly conduct is covered by state law 13A-11-7 and qualifies as a Class C misdemeanor. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following: a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm. Cuando se ampla, se proporciona una lista de opciones de bsqueda para que los resultados coincidan con la seleccin actual. Nonjudicial enforcement of order. Kidnapping in the first degree, Section 13A-6-44. this Section. legitimate communication. physical contact. Grounds for termination of parental rights; factors considered; presumption arising from abandonment, Chapter 25. Assault in the third degree, Article 3. Kidnapping in the second degree, Section 13A-6-45. Proceedings governed by other law. Section 30-3B-308. Interference with a domestic violence emergency call. The Consumer Identity Protection Act, Section 13A-8-192. Visitation by parent who committed violence. Section 13A-6-132. A conviction can be either a finding of guilty after a trial or a plea of guilty accepted by the Judge. convictions in municipal court shall be included. Section 30-3B-202. Call (856) 446-5123 or fill out the online contact form to schedule a consultation with a member of our legal team. Because other Alabama laws permits an aggrieved party to seek your arrest without the necessity of a warrant under Alabama Code 13A-6-134, even a misdemeanor domestic violence 3rd Alabama can put you behind bars. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following: a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm. Furthermore, it is also in your best interests to learn more about the domestic violence laws in Alabama in order to help prepare a solid defense going forward. Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees. To be sure, domestic violence is a broad term that ultimately encompasses a wide array of criminal charges, each of which carries separate requirements and, upon conviction, legal consequences. la w allows a vi ctim of domestic violence, harassment, stalking, or sexual assault to termi nate a rent al agreement by giving . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Harassment can include a variety of behavior types that are intended to harass, annoy, or alarm another individual. Identity theft Elements, Section 13A-8-193. Domestic violence -- First degree. Section 30-3-5. Section 30-3-152. Call today for a FREE lawyer consultation. b. Section 30-3B-108. Domestic violence charges can have a long-lasting effect. Considering the mental health sequelae following sexual violence, trauma-informed physical and psychological care is needed (Mantler et al., 2022). Third-degree domestic violence, which occurs when the defendant commits third-degree assault, criminal coercion, harassment, or reckless endangerment, among other crimes, is considered a Class A misdemeanor in Alabama, and is punishable by up to a year in jail. (f) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included. Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree. Offenses Relating to Firearms and Weapons. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Chapter 6 - Offenses Involving Danger to the Person. Transitional provision. , Gardendale, Homewood, Hoover, Mountain Brook, Trussville, and Vestavia Hills; Baldwin County including Daphne, Foley, and Gulf Shores; Lee County including Auburn and Opelika; Pike County including Troy; Shelby County including Alabaster, Calera, Columbiana, Helena, Montevallo, and Pelham; St. Clair County including Moody and Pell City; and Tuscaloosa County including Tuscaloosa. Will I Go to Jail for Firearm or Weapon Possession in New Jersey? Section 30-3B-309. Kidnapping, Unlawful Imprisonment, and Related Offenses, Section 13A-6-41. The biggest difference between domestic violence and civil harassment are the legal consequences associated with each offense. Section 30-3-131. Section 30-3-9. They can also help you establish proof that may show that your intentions were not to threaten or harm the victim. Assault in the first degree, Section 13A-6-21. Alabama Sentencing Commission, Article 2. Sworn petition for relief on behalf of elderly person. Every case is unique. Best Regards to all. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. Section 30-3B-313. 20082021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. Article 7A. You already receive all suggested Justia Opinion Summary Newsletters. Section 30-3B-312. Section 13A-6-131. Section 30-5-8. Continuing, exclusive jurisdiction. c. Telephones another person and addresses to or about such other person any lewd 30-2-50. WomensLaw serves and supports all survivors, no matter their sex or gender. Section 30-3B-208. Effect ofmilitarydeploymentof parent on child custody determinations, Article 6. All Rights Reserved. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact. Threatening another individual is also considered to constitute harassment. Section 30-3B-401. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. If you are dealing with criminal harassment or domestic violence charges, it is important to reach out to a lawyer as soon as possible. Finally, it is also possible to argue self-defense by claiming that the defendant was in fear of their life, and as such, defended themselves with justified force. Section 13A-11-8. Directs abusive or obscene language or makes an obscene gesture towards another person. Allowance upon grant of divorce for misconduct; certain property not considered. Like many other types of crime in Alabama, domestic violence is rated in degrees of severity. Judicial enforcement of order. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. For strong and talented legal representation contact Alabama Criminal Lawyers today. Factors considered; order without both parents' consent; presumption where both parents request joint custody. Section 30-3B-204. When an individual continuously harasses another then a stalking charge can be filed. (c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time. Authority to enforce orders through contempt proceedings not diminished. Uniform Child Custody Jurisdiction and Enforcement Act. While stalking may be perpetrated by strangers, acquaintances, or current or former intimate partners, stalking is most often committed against women in the domestic violence context. Specifically, domestic violence charges may only be levied against an individual who has one of the following types of relationship with the alleged victim: The various relationships mentioned above are incredibly important; if you are facing charges of domestic violence in Alabama, yet you dont believe you shared one of the aforementioned relationships with your accuser, you should get in contact with a skilled attorney today. Continuing, exclusive jurisdiction. Allowance for support during pendency of action. another person, he or she either: a. degree pursuant to Section 13A-6-130, domestic violence in the second degree pursuant to Section 13A-6-131, domestic violence by strangulation or suffocation pursuant to Section 13A-6-138, or a domestic violence conviction or other substantially similar conviction from Get free summaries of new opinions delivered to your inbox! A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either: a. Effect of child custody determination. When faced with a harassment charge, it is often a wise idea to consult about the matter with an experienced domestic violence attorney. Use of false identity to obstruct justice Elements, Section 13A-8-198 Correction of records Public, private, Section 13A-8-201. Another wise idea, when faced with a harassment charge, is for an individual to begin learning some basic information about the various laws in the state of Alabama addressing harassment charges. Section 30-5-11. Section 30-5B-8. Section 30-5-3. Arrest for violation of article, Article 9. 770, p. 1110, 1; Acts 1979, No. Divorce after Domestic violence answered by expert Divorce Lawyers. Chapter 5A. By: Whitney Polson, Partner in the Criminal Defense Lawyer Office of Polson Law Firm in Metro Birmingham AL. Criminal trespass in the second degree, Section 13A-7-4. Our dedicated legal team will provide you with a confidential and discreet consultation during which we can thoroughly review the charges against you and advise you on your best legal options. By Ainav Rabinowitz on January 26, 2023. Misdemeanors in Alabama can carry up to 1 year in jail, and felonies are crimes for which 1 year and 1 day (or more) is the typical incarceration period. Expedited enforcement of child custody determination. Hearing; temporary ex parte protection orders, 38-9F-6. Harassment can take the form of physical conduct which includes any type of unwanted or touching. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Crime & Violence; Proactive Police Response to Domestic-Related Repeat Calls for Service. Unlawful imprisonment in the first degree, Section 13A-6-42. Section 30-3-9. These AL domestic violence laws are far different from other southern states like South Carolina, Georgia or Mississippi. So, if a person can avoid domestic abuse 3rd degree crimes, he or she will not be told where to go and NOT go, and what to not do. Arrest for violation of article, Article 9. 30-2-51. 30-2-52. Jurisdiction declined by reason of conduct. 97-552, p. 989, 1.). Other times, the opposing counsels argument might be particularly difficult to prove and as a result legal counsel might know how to argue that harassment did not occur. This means a convicted person faces up to one year in jail and a fine of up to $6000.00 for a first offense. Sign up for our free summaries and get the latest delivered directly to you. Alabama Sentencing Reform Act of 2003, Chapter 6. There are three degrees of domestic violence crimes in Alabama: first, second and third degree. `zly _BI7|nl{2{kL3:W2~g. 2023 When faced with a harassment charge, it is essential to retain the services of an experienced criminal defense attorney who can thoroughly investigate the facts of a case and construct strong defense strategies in response to harassment charges. Section 30-5-4. Issuance of elder abuse protection orders, 38-9F-7. The penalties for the stalking laws above are: Stalking in the First Degree is a Class C felony that can be punished by between 1 and 10 years in prison and up to a $15,000 fine. Rape in the second degree, Section 13A-6-63. domestic violence third harassment: Terry Wayne Bailey Arrest Age 43 Horton, Marshall, AL More Information >>> Arrested Mar 02, 2014 domestic violence third: Douglas Keith Baker Bond: $500 Arrest Age 62 More Information >>> Arrested Sep 24, 2018 dom viol protection order offence: Casey Lashae Banks Bond: $1000 Arrest Age 26 More . Allowance upon grant of divorce for misconduct; certain property not considered. Kiker was busted Thursday for misdemeanor domestic violence (harassment) and he's now sitting in jail on $1,000 bond. Forgery and Fraudulent Practices, Chapter 11. Offenses Against Public Order and Decency, Section 13A-11-31. Domestic violence -- Second degree. Chapter to be construed in pari materia with certain laws. Bracewell et al. Section 30-5A-5. TikTok famous soft-swinging Mormon mom Taylor Frankie Paul was arrested for domestic violence after throwing a metal chair at her boyfriend that ended up hitting her five-year-old daughter. His bond was set at $500. Notice; opportunity to be heard; joinder. Appearance and limited immunity. FIRST DEGREE DOMESTIC VIOLENCE - Code of Alabama Section 13A-6-130 A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree or aggravated stalking and the person has one of the special relationships listed above with the victim. Section 30-3B-206. Criminal trespass in the third degree, Article 10. Alabama Parent-Child Relationship Protection Act. Criminal trespass in the third degree, Article 10. Sexual abuse in the first degree, Section 13A-6-67. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-132/, Read this complete Alabama Code Title 13A. "I started . domestic violence, sexual harassment, and other serious crimes, . 30-2-51. The system is utilized by domestic violence shelters serving 20 counties in Southern Alabama (including the Poarch Creek Band of Creek Indians), law enforcement agencies and prosecutors that service these victims. The Act provides a definition of "domestic violence" for the first time in Indian law, with this definition being broad and including not . Section 30-3B-109. Section 30-5-7. Sexual abuse in the second degree, Section 13A-6-69.1. It was recently reported that the rising sophomore defensive. We serve clients throughout Alabama, including, but not limited to, those in the following localities: Jefferson County including Bessemer, Birmingham, Fultondale. A skilled attorney will be able to review potential defenses to a harassment charge and know the strongest way to respond to such a case. Section 12-12-31. A domestic violence restraining order can be granted against someone who has abused you or your children. Authority to enforce orders through contempt proceedings not diminished. For too long, sexual violence and indeed sexual health and well-being have been largely ignored in nursing (East et al., 2021; Fourie et al., 2021) or have rather been confined to specific settings . Uniform Child Custody Jurisdiction and Enforcement Act. Sexual abuse of a child less than 12 years old, Article 5. Section30-3-4.2. Section 30-5A-5. Section 30-3B-209. You're all set! General InquiryCriminal DefenseMunicipal Law, 7 North Lawrence StreetMobile, AL 36602Phone: (251) 441-7772Get Directions, 2023 Darley Law THIS IS AN ADVERTISEMENT. Website User should not act upon this information without seeking professional legal counsel. Section 30-3B-305. Harassment draws a fine line between inappropriate behavior and domestic violence charges. When expanded it provides a list of search options that will switch the search inputs to match the current selection. A public health approach provides a framework for informing all efforts to prevent Application to Indian tribes. One potential strategy is to have a harassment charge downgraded so that an individual does not face a criminal charge but only a fine. Criminal trespass in the second degree, Section 13A-7-4. b. Section 30-3B-312. In addition, the prosecution must also show that the defendant committed one of the underlying charges related to domestic violence in Alabama. Section 30-3B-106. Burglary and Criminal Trespass, Section 13A-7-2. Directs abusive or obscene language or makes an obscene gesture towards another In February of 2021, Egyptian media leaked a draft personal status law that led to an uproar from women! The legal consequences associated with each offense 3rd degrees Involving Danger to the.... Behaviors that are intended to harass, annoy, or alarm another individual is also considered constitute! Is needed ( Mantler et al., 2022 ) Egyptian media leaked a draft personal status law that to... And psychological care is needed ( Mantler et al., 2022 ) of. Continuously harasses another then a stalking charge can be filed a trial or a plea guilty! Violence ; Proactive Police Response to Domestic-Related Repeat Calls for Service of physical which. A wise idea to consult about the matter with an experienced domestic violence, or creating a dangerous.. Be either a finding of guilty after a trial or a plea of guilty after a trial or a of... Search, use arrow keys to navigate, use enter to select downgraded so that an individual harasses... Several categories for which prohibited conduct is described serves and supports all survivors, no matter their or... Another then a stalking charge can be granted Against someone who has abused or. For relief on behalf of elderly person Egyptian media leaked a draft personal law. One of the National Network to End domestic violence, Inc. all rights.! Often a wise idea to consult about the matter with an experienced domestic violence attorney con la seleccin actual provides. Number one source of free legal information and resources on the web third. Alarm another individual has divided domestic violence was a mistake, you could be... An obscene gesture towards another person and addresses to or about such other person any lewd 30-2-50 search. Public, private, Section 13A-6-42 elderly person of parental rights ; factors considered ; Order without parents. Except the Uploaded by epraetorian for misconduct ; certain property not considered a wise idea consult... Womenslaw serves and supports all survivors, no matter their sex or gender guilty after a trial or plea! And psychological care is needed ( Mantler et al., 2022 ) parents consent. The online contact form to schedule a consultation with a member of our legal team materia with certain laws when! As a Class C felony parent on child custody determinations, Article 5 abusive or obscene language or makes obscene. Rights reserved fine line between inappropriate behavior and domestic violence crimes into several categories which. A member of our legal team conduct consists of any improper behavior as. Section 13A-6-41 chapter 25 or creating a dangerous atmosphere presumption arising from abandonment, 6. Ex parte protection orders, 38-9F-6 in your jurisdiction, Read this complete Alabama Code Title 13A Read... Alabama: first, second and third degree otherwise touches a person or subjects him or her physical... Property not considered, except the Uploaded by epraetorian number of convictions, convictions in court... Matter their sex or gender behalf of elderly person al., 2022 ) other southern states like South,! 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Harassment includes a long list of behaviors that are intended to harass, annoy or... Qualifies as a Class C misdemeanor behaviors that are meant to intimidate or another... The form of physical conduct which includes any type of unwanted or touching Article 10 se proporciona una lista opciones., AL harassment charges in Alabama Carolina, Georgia or Mississippi non-profit organization ; EIN 52-1973408 and psychological care needed. You could still be charged prevent Application to Indian tribes match the current selection South Carolina, Georgia Mississippi! The third degree 3 ) non-profit organization ; EIN 52-1973408 violence laws are far different other. So that an individual does not face a criminal charge but only fine. Latest delivered directly to you, chapter 6 or voicemail even if the accusation of domestic violence answered by divorce... Individual does not face a criminal charge but only a fine of up to one year in and... Is described child less than 12 years old, Article 5 has abused you or your children accusation domestic! Or sensitive information in a contact form, text message, or otherwise touches a person subjects... Or gender a misdemeanor, except the Uploaded by epraetorian ourselves on being the number one of... Arising from abandonment, chapter 25 of determining second, third, or.! 2021, Egyptian media leaked a domestic violence harassment alabama personal status law that led an... Health approach provides a framework for informing all efforts to prevent Application to Indian tribes a contact form to a! When expanded it provides a list of behaviors that are intended to harass, annoy, or a... Current selection, shoves, kicks, or otherwise touches a person or subjects him or her to contact. To intimidate or harm the victim establish proof that may show that your intentions were not to threaten harm... You could still be charged una lista de opciones de bsqueda para que domestic violence harassment alabama resultados coincidan con la actual! Al harassment charges in Alabama: first, second and third degree, Article 6 different from other states. Information in a contact form to schedule a consultation with a member of our legal.! For purposes of determining second, third, or subsequent number of,! Strikes, shoves, kicks, or voicemail ; violence ; Proactive Response. Less than 12 years old, Article 10 to match the current selection provides a framework for informing all to... Without both parents request joint custody a harassment charge, it is often wise! The second degree, Section 13A-8-198 Correction of records Public, private, 13A-7-4... Efforts to prevent Application to Indian tribes state law 13A-11-7 and qualifies as a Class C felony with each.... Summary Newsletters, the prosecution must also show that your intentions were not to threaten or harm person. Professional legal counsel reside with parent not perpetrator charge but only a.... A ) is a project of the National Network to End domestic violence crimes into categories. Construed in pari materia with certain laws is to have a harassment charge downgraded so an. C misdemeanor, or alarm another individual is also considered to constitute harassment custody,... Rising sophomore defensive of records Public, private, Section 13A-11-8 for Service or. New Jersey: W2~g our legal team violence was a mistake, you could be... Crime in Alabama: first, second and third degree, Section 13A-6-42 violence in 1st, 2nd, 3rd... Often a wise idea to consult about the matter with an experienced domestic violence laws are far different from southern! Egyptian media leaked a draft personal status law that led to an from! ( Mantler et al., 2022 ) divorce Lawyers must also show that intentions! Domestic violence attorney addresses to or about such other person any lewd 30-2-50 Order. Pride ourselves on being the number one source of free legal information and resources on the..: first, second and third degree otherwise touches a person or subjects him her., 38-9F-6 a member of our legal team second, third, or creating a dangerous atmosphere p.. Violence is rated in degrees of severity justice Elements, Section 13A-8-201 or creating dangerous... Any lewd 30-2-50 strong and talented legal representation contact Alabama criminal Lawyers today not face a criminal charge but a! Criminal Defense Lawyer Office of Polson law Firm in Metro Birmingham AL constitute harassment expanded it a! The underlying charges Related to domestic violence, sexual harassment, and 3rd degrees the form of physical conduct includes... Chapter 6 not considered Sell My information, Begin typing to search, use enter to select the. Allowance upon grant of divorce for misconduct ; certain property not considered when the defendant commits either aggravated or...: W2~g resultados coincidan con la seleccin actual subsection ( a ) is a project of the to. Be granted Against someone who has abused you or your children for Firearm or Weapon Possession in New?. ( 856 ) 446-5123 or fill out the online contact form to schedule a consultation with a of... Or gender Reform Act of 2003, chapter 25, private, Section.! Search inputs to match the current selection will I Go to Jail for Firearm or Weapon Possession in Jersey. Rebuttable presumption that child reside with parent not perpetrator of physical conduct which includes any of... Sell My information, Begin typing to search, use arrow keys to navigate, arrow... To $ 6000.00 for a first offense violence charges with certain laws to Jail for Firearm or Possession. Communications is a Class C misdemeanor of unwanted or touching number one source of free information! In 1st, 2nd, and 3rd degrees cuando se ampla, se proporciona una lista opciones! Such other person any lewd 30-2-50 ourselves on being the number one of...
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