Know the Laws: Alaska
UPDATED February 9, 2017
A domestic violence protective order is a civil order that protects you from abuse by a "household member," including relatives and dating partners.
This section defines domestic violence for the purposes of getting a protective order. According to Alaska law, domestic violence is when a "household member" commits or attempts to commit one or more of the following crimes against you or against another household member (but s/he doesn't have to be arrested):
Note: A "household member" does not have to live with you. For the legal definition of household member, see Who can file for a domestic violence protective order?
In your petition for a protective order, and when you speak to the judge, you should describe what the abuser did to make you need the court's protection. You are not responsible for knowing exactly what criminal law the abuser violated.
* Alaska Statute § 18.66.990(3)
There are three types of domestic violence protective orders:
An emergency order is a temporary, emergency order that a police officer requests from a judge (orally, in writing, in person or by telephone) on behalf of a victim of domestic violence with the victim’s consent. If the judge believes that the petitioner (victim) is in immediate danger of domestic violence based on an allegation that domestic violence recently occurred, the judge is supposed to issue the emergency protective order. It generally lasts for 72 hours.*
An ex parte order is a temporary order that you would request from the judge in court for immediate protection. To get this order, the judge must believe (from reading your petition) that you have been the victim of domestic violence and that an immediate protective order is necessary. It generally lasts for 20 days. If a lot of time has passed between the incident and when you file, the judge cannot deny your request for an ex parte protective order based only on the fact that you didn't file immediately after the incident.**
A final order (also called a “long-term” order), is issued by the judge following a hearing in court. At the hearing, the judge will review your petition (request) for a protective order as well as any evidence or witnesses you bring to court with you. If you are granted a final order, the order will last for 1 year although the term that "prohibits the respondent from threatening to commit or committing domestic violence, stalking, or harassment" can last until "further order of the court."***
* Alaska Statute § 18.66.110(b)
** Alaska Statute § 18.66.110(a),(d)
*** Alaska Statute § 18.66.100(b)
A final (long-term) domestic violence protective order can:
A temporary (20-day) domestic violence protective order can:
An emergency (72-hour) domestic violence protective order can:
Whether a judge orders any or all of the above depends on the specific facts of your case. It is important to let the judge know if you need additional protections that are not listed on the standard protective order form.
* Alaska Statute § 18.66.100(c),(b)(1)
** Alaska Statute § 18.66.110(a)
*** Alaska Statute § 18.66.110(b)