Alaska Protective Orders Laws
By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 18, 2024
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For victims of violent crimes, Alaska protective orders can offer relief from their abusers. These court orders contain no-contact and stay-away directives to keep abuse from happening again. Some versions also address issues such as temporary child custody, living arrangements, and who gets the family dog.
Alaska protective orders vary by who they protect and the conduct involved. To cut through any confusion, this guide will examine each protective order, explain what they do, and show you how to get the one you need. While not foolproof, restraining orders offer effective protection for victims of abuse. Read on for a better understanding of protection orders in Alaska.
Types of Protective Orders in Alaska
To know which protective order a situation requires, it's necessary to understand who they protect and how they work. Let's examine each of the protective orders offered by the Alaska court system.
Domestic Violence Protective Orders (DVPO)
The crime of domestic violence consists of two elements:
People sharing a close, personal relationship
Specific abusive conduct occurs between them
If either element is absent, authorities will not bring domestic violence charges. There could still be a prosecutable offense, but the victim isn't able to access domestic violence resources and programs.
One of these aids is an Alaska domestic violence protection order (DVPO). The DVPO is available for victims if the abuse they suffered was committed by a household member.
Under Alaska law, the following are considered household members for the purposes of a DVPO:
Spouses
Former spouses
People who live together or have lived together
People who are dating one another or used to date
People in a sexual relationship together or who were having sex
Family members (including adopted and stepfamily)
People related by marriage or who were related by marriage
People with a child in common
Minor children of any person listed
But, as noted above, a close relationship is only half of the requirement. Not every crime qualifies for domestic violence classification in Alaska.
The abusive acts and criminal offenses that are eligible include:
Homicide
Assault and reckless endangerment
Kidnapping, human trafficking, and custodial interference
Sexual offenses such as sexual abuse, rape, incest, and indecent exposure
Coercion, extortion, and robbery
Burglary
Criminal trespass
Arson or criminally negligent burning
Criminal mischief
Terrorist threatening
Violation of a protective order
Harassment
Cruelty to animals (household pets)
If a qualifying act occurs between household members, Alaska considers it domestic violence. Victims are eligible for a domestic violence protection order.
A DVPO addresses both the safety of the victim and other issues between the household members. They typically prohibit the respondent (abuser) from committing any more violent acts, stalking, or harassment. They also often require no contact between the respondent and the petitioner (victim).
A DVPO could also include:
Ordering the respondent to vacate a shared residence with the petitioner, regardless of who owns the property
Ordering the respondent to stay away from the residence, school, place of employment, or other specified location of the petitioner
Prohibiting the respondent from using or possessing a deadly weapon if a weapon was used during the commission of domestic violence
Ordering the respondent to surrender any firearm owned or possessed by the respondent if a firearm was possessed or used during the commission of domestic violence
Having a peace officer accompany the petitioner for possession of a household or personal items
Awarding temporary custody of a minor child to the petitioner
Arranging for visitation with a minor child if the safety of the child and the petitioner can be protected
Awarding the petitioner possession of vehicles, personal items, and pets
Prohibiting the respondent from using controlled substances
Ordering the respondent to pay support for the petitioner, a minor child, or a pet
Ordering the respondent to reimburse the petitioner for expenses associated with the domestic violence, including medical expenses, counseling, shelter, and repair or replacement of damaged property
Ordering the respondent to pay court costs and fees
Order the respondent to participate in a program for the rehabilitation of perpetrators of domestic violence or a treatment for the abuse of alcohol or controlled substances, or both
A DVPO may contain some, all, or none of the provisions listed above. The court can add any other directive it considers necessary for the victim's safety.
Stalking Protective Orders and Sexual Assault Protective Orders
Victims of nonconsensual sex offenses or stalking can also find relief through protective orders. While these crimes are also listed under domestic violence, these orders are for victims who aren't household members of the assaulter. Parents or guardians can file for a minor suffering abuse.
The types of protection offered by stalking and sexual assault protective orders are more limited than those of a DVOP. They're focused on preventing further abuse and keeping the assaulter out of the victim's life. They typically include the following terms:
The respondent (assaulter) is forbidden from committing stalking or sexual assault on the petitioner (victim)
The respondent (assaulter) is forbidden from threatening to commit stalking or sexual assault on the petitioner
The respondent is forbidden from telephoning, contacting, or otherwise communicating with the petitioner
The respondent is ordered to stay away from the residence, school, place of employment, or other location of the petitioner specified in the order (final protective order only)
Other provisions that provide protection are permissible.
How to Get a Protective Order in Alaska
Despite their differences, the process of obtaining any protective order in Alaska is the same. All orders are available in three different forms, which differ based on what's required to get one and how long they last.
If you're in imminent danger of abuse or law enforcement has responded to a call, you can get an emergency protective order. Instead of filing through the courts yourself, a peace officer can call a judicial officer if you need immediate relief. This is possible when the courts are closed. The order lasts for 72 hours, providing protection while you file for an order with a longer duration.
Petitioners (victims) can file for a protection order with the court clerk at the district court or superior court. Forms are available online as well:
You can also file online through Alaska's Civil Protective Order Wizard. If possible, get help with the filing of the petition from a domestic violence or sexual assault advocate near you. Their experience with protective orders can make the process much easier. Speaking with an Alaska domestic violence attorney is also a good option.
If you're in immediate danger from your abuser (respondent), you can file for an ex parte protection order at the same time you file for a long-term order. Ex parte means the respondent isn't contacted. If the court agrees there's an outstanding threat, the ex parte order is issued. It's enforceable after law enforcement serves a copy of the order to the respondent. This can include state troopers.
An ex parte order lasts either 20 days or until a court hearing. If the court doesn't issue this temporary order, you'll have a chance to get a long-term order at the order hearing. The respondent must have 10 days notice of a hearing. If a served respondent doesn't show up or doesn't oppose the order, the court will likely grant you a long-term order.
At the final court hearing, both parties can call witnesses, present evidence, and tell their side of the story. The petitioner must prove the respondent is an ongoing danger. If the court agrees, a final protection order is issued. It lasts up to a year and is renewable after another hearing. The provision forbidding domestic violence, harassment, and stalking can have a longer duration set by the court.
A final protection order goes into immediate effect and is sent to the appropriate law enforcement agencies. A copy is filed in the Alaska Department of Public Safety's central registry of protective orders. All protection orders issued in Alaska are valid anywhere in the U.S. under federal law. This includes territories and tribal reservations.
If you're away from home and in the same location for a while, it's a good idea to supply local law enforcement with a copy of your protective order and a picture of your abuser. Keep a copy of the order with you at all times.
Penalties for Violating a Protective Order in Alaska
Penalties for violating an Alaska protective order are simple and to the point. Violators face jail time and fines for any violations:
Up to one year of incarceration
A fine of up to $25,000
These sanctions are in addition to any sentences for the crimes committed during the violation.
Victims must alert law enforcement of any violations. A police officer can arrest a violator for a violation if they have good cause to believe the offense occurred.
Alaska Protective Orders Laws - Summary
Victims of abusive crimes in the state of Alaska have protective options available. The table below recaps information about the available orders and provides links for further research.
Alaska Protective Order Code Sections |
Alaska StatutesTitle 18 - Health, Safety, Housing, Human Rights, and Public Defender Chapter 18.65 - Police Protection Article 7 - Domestic Violence
Article 12 - Stalking and Sexual Assault Protective Orders and Notification to Stalking and Sexual Assault Victims
Chapter 18.66 - Domestic Violence and Sexual Assault Article 02 - Protective Orders
|
Types of Protective Orders Available in Alaska |
Domestic Violence Protective Order
Stalking Protective Order/Sexual Assault Protective Order
(Alaska Stat. Section 18.65.850; Alaska Stat. Section 18.65.855; Alaska Stat. Section 18.66.100; Alaska Stat. Section 18.66.110) |
Penalties for Violation of an Alaska Protective Order |
Each violation carries up to one year in jail and a fine of up to $25,000. This is in addition to any sentences for crimes committed during the violation. |
Filing Fees for Alaska Protective Orders |
There are no charges for filing any protective order or for service of process by law enforcement. (Alaska Stat. Section 18.66.150; Alaska Stat. Section 18.66.160) |
Order Transmission to Law Enforcement |
The court sends a copy of the order to the appropriate local law enforcement agency. The court enters all orders into the Department of Public Safety's central registry of protective orders. Alaska Stat. Section 18.66.170; Alaska Stat. Section 18.65. 540; |
Note: Alaska state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. To learn how the current law applies in your situation, speak with an Alaska domestic violence attorney or criminal defense attorney.
Alaska Protective Order Laws: Related Resources
National Domestic Violence Hotline: 1-800-799-SAFE (7233)
Domestic Violence Orders of Protection and Restraining Orders
Need Help With a Protective Order in Alaska? Talk to an Attorney
If you've suffered a physical injury from a family member, had a custody order violated, or suffered any other act of domestic violence, it's time to get help from an Alaska domestic violence attorney. An expert in family law can make sure you get the proper legal information and safety planning to escape a life of abuse.
Facing charges for a crime of domestic violence or violating an Alaska protective order? Harsh penalties await. An Alaska criminal defense attorney can examine your case, explain your options, and represent you in court.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Alaska attorneys offer free consultations.
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