Alaska Domestic Violence Laws

Alaska's domestic violence laws provide robust protection for victims and impose strict penalties on offenders. Police must make an arrest at a domestic violence call if there's evidence of domestic violence within the last 12 hours. Penalties for domestic violence can include significant jail time and fines, with increased penalties for repeat offenses. Protective orders, ranging from emergency to long-term, offer additional safety measures. 

Alaska takes a strict stance against domestic violence, and the state's laws address various forms of abuse, providing protection for victims of domestic violence and penalties for offenders. A conviction for domestic violence or sexual abuse in the state of Alaska can result in jail time and fines.

If you or your loved one are experiencing domestic violence, you can find help through various hotlines, including:

If you are in immediate danger, reach out to your local law enforcement authorities for help. Once you're in a place of safety, a domestic violence attorney can assist you in securing a protective order or other legal remedies.

This article provides an overview of the domestic violence laws in Alaska and the penalties associated with this crime.

Alaska Domestic Violence Laws Overview

Like most criminal offenses, issues of domestic violence primarily fall under state law. Many of the elements of a domestic violence charge are the same from one state to another. However, some states have unique requirements.

For example, police responding to a domestic violence call in Alaska must make an arrest if they have probable cause to believe that domestic violence occurred within the past 12 hours.

The table below provides an overview of Alaska statutes related to domestic violence.

Crimes of domestic violence

When committed against a household member, any of the following crimes can be considered domestic violence under Alaska Statutes 18.66.990:

  • Homicide
  • Assault
  • Stalking
  • Reckless endangerment
  • Sexual offenses
  • Harassment
  • Criminal trespass
  • Criminal mischief
  • Burglary
  • Arson
  • Cruelty to animals (if the animal is a pet)

Other relevant offenses

  • Violation of protective order (§ 11.56.740)
  • Custodial interference
  • Interfering with a report of domestic violence

Definition of "household member"

Alaska's definition of "household member" includes:
  • Current or former spouses
  • Adults or minors who live together or who have lived together
  • Adults or minors who are dating or who have dated
  • Adults or minors engaged in or who have engaged in a sexual relationship
  • Adults or minors related to each other up to the fourth degree of consanguinity
  • Adults or minors related or formerly related by marriage
  • Persons who have a child in the relationship
  • Minor children of a person in a relationship listed above

Mandatory Arrest?

Yes, police must make an arrest if they have probable cause to believe a person committed an act of domestic violence or violated an order for protection in the last 12 hours. (AS 18. 65.530)

Criminal Penalties for Domestic Violence in Alaska

The penalties for the commission of domestic violence vary depending on the severity of the offense and other circumstances surrounding the case. For instance, if the offender has a prior criminal history, the penalties imposed increase.

The table below outlines several criminal charges that have increased penalties when committed against a family member or intimate partner. When committed as an act of domestic violence, the following criminal penalties apply.

Charge

Code Section

Prison Terms and Fines

First-degree assault

AS § 11.41.200

  • Class A felony
  • Up to 20 years of imprisonment
  • Fine up to $250,000
  • Mandatory minimum sentence of 5 years if serious physical injury is caused

Second-degree assault

AS § 11.41.210

  • Class B felony
  • Up to 10 years of imprisonment
  • Fine up to $100,000
  • Enhanced penalties if committed in the presence of a minor

Third-degree assault

AS § 11.41.220

  • Class C felony
  • Up to 5 years of imprisonment
  • Fine up to $50,000

Fourth-degree assault

AS § 11.41.230

  • First offense: Up to 1 year of imprisonment and a fine of up to $10,000
  • Second offense: Mandatory minimum sentence of 20 days imprisonment
  • Third offense: Mandatory minimum sentence of 60 days imprisonment

Note: State laws are subject to change through various means, including new legislation and court decisions. Although FindLaw strives to provide the most current information, it is best to seek help from an attorney before making any legal decision.

Domestic Violence Protective Orders

Alaska courts may issue protective or restraining orders in domestic violence cases. The following are some examples of protective orders that the court can issue:

  • Emergency protective orders: This temporary protective order is valid for up to 72 hours. Police officers can request this order, and it is available 24/7.
  • Ex parte protective order: The courts can issue this temporary order without notice or the presence of the alleged abuser. It is often valid for up to 20 days, and the court can extend it for good cause.
  • Long-term protective order: This type of protective order requires notice to the alleged abuser and a hearing before the court. It is often valid for one year, and the party can renew it. This protective order includes provisions such as a no-contact order, temporary child custody arrangement, child support, possession of residence, or surrender of firearms.

FindLaw's article on Alaska Protective Order Laws provides more details on the types of orders available and how to get one. The Alaska Court system also provides reference information and an online request form for protective orders.

Enforcement and Additional Consequences

State law may also impose additional consequences beyond fines and jail sentences. For instance, the offender may lose the right to own or possess firearms. Some court orders could also ask the offender to attend a mandatory domestic violence program.

A person convicted of domestic violence could also face consequences related to immigration, particularly if they are not a U.S. citizen. Domestic violence is a deportable offense under the Immigration and Nationality Act.

Related Resources:

Visit FindLaw’s Domestic Violence Information by State for more information about other state laws.

Seek Legal Help

If you are facing a domestic violence situation in Alaska, there are various support and resources for you. For those experiencing domestic abuse, your safety is of utmost priority. Reach out to your local authorities. You can also call Alaska CARELINE (1-877-266-4357) and the National Domestic Violence Hotline (1-800-799-SAFE) toll-free. Speaking with a family law attorney can help you understand your case and obtain legal protections.

For those facing domestic violence charges, do not delay seeking legal advice from a legal representative. An Alaska criminal defense attorney with experience handling domestic violence cases can assess your case whether you are in Anchorage or Cordova. They can help explain your legal rights and protect your interests.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Victims of domestic violence can press charges against their abuser
  • The ability or requirements to press charges varies in each state
  • Contacting a family law attorney or advocacy groups for advice is essential

Some attorneys represent victims of domestic violence. Others defend the rights of those accused of domestic abuse or other related crimes. Many attorneys offer free consultations.

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