Conozca la Ley: Alaska
ACTUALIZADA 27 de julio, 2008
You may have your protective order from another state enforced in Alaska.
- Can my out-of-state or tribal order be enforced in Alaska?
- How do I file my out-of-state or tribal order with the court system?
- Once I file my out-of-state or tribal order, how do I get it enforced by local law enforcement or state troopers in Alaska?
- What if the court that issued my order contacts Alaska and says that my order has been changed or is no longer valid?
arribaCan my out-of-state or tribal order be enforced in Alaska?
Yes, but for full protection you will need to file your order with the Alaskan court system. A copy of the filed order is then given to Alaska law enforcement. No copy or notice is given to the abuser.
Alaska can only prosecute for a violation of an out-of-state or tribal order if a copy of that order is filed with the court.*
Even if your out-of-state order was not filed with the Alaskan court, law enforcement may still be able to enforce certain parts of the order such as obtaining your personal belongings from the abuser. Law enforcement can also make an arrest if when violating the protective order, the abuser commits another offense (violation of Alaska law) such as assault, trespass, etc.
If you are concerned about an abuser tracking down your location from filing the protective order with the court closest to you, contact your local domestic violence/sexual assault program. They can assist in filing the order with another Alaska court and safety planning. You will find a list of organizations that will be able to help you at the AK State and Local Programs page.
* Alaska Statute § 11.56.740(a)(1)
arribaHow do I file my out-of-state or tribal order with the court system?
Clerks of court (and magistrates in areas without a clerk) accept out-of-state and tribal orders for filing. When given an out-of-state or tribal order, the clerk looks it over to make sure that it is a certified copy and that it appears to be unexpired. As a matter of policy, the clerk will not contact the issuing jurisdiction for more information. The clerk will file stamp the order and assign it an Alaska Court System civil case number. No copy or notice is distributed to the respondent, the file is not reviewed by a judge, and no hearing is set.
The clerk will then give the order to the appropriate local law enforcement agency for entry into the central registry (the same distribution procedure used for Alaskan protective orders). It is important to get a copy of your stamped order and keep a copy on you at all times, in case there is any delay in the order getting entered into the Alaska Central Registry for Protective Orders.
You will find a list of Alaskan courts on the Courthouse Locations and Information page.
arribaOnce I file my out-of-state or tribal order, how do I get it enforced by local law enforcement or state troopers in Alaska?
- Immediately call any local law enforcement agency or state trooper office if the abuser violated the order.
- When the police get there, you should show them a copy of your filed order. They will check your order to see whether it has been filed with the Alaska Court System. The officer is required by law to enforce the order just as if it were issued in Alaska.
- If you do not have a copy of your filed order with you, a local law enforcement officer or state trooper can get the information they need to enforce your order from the Alaska Public Safety Information Network (APSIN). When you file your order with a court clerk's office in Alaska, the State of Alaska will enter the order into the Central Registry for Protective Orders, which is contained in APSIN. However, it is still very important that you always have a copy of your filed order with you.
- If the abuser violates the order and you have not filed it with the Alaska Court System, you should still call a law enforcement agency immediately.
arribaWhat if the court that issued my order contacts Alaska and says that my order has been changed or is no longer valid?
If the court in Alaska gets notice from the state that gave you the protective order that your order has been changed in some way, the court in Alaska should notify you. If your order has been changed without your knowledge, you will have to go back to the state that gave you the order to do something about it. You may need an attorney or an advocate to help you. If your order has been revoked, you cannot have it enforced by law enforcement in Alaska. The Alaska court clerk or an advocate can explain how to get a protective order in Alaska.