Conozca la Ley: Alaska

ACTUALIZADA 27 de julio, 2008

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A domestic violence protective order is a civil order that protects you from abuse by a "household member," including relatives and dating partners.

• Basic Information
  • What are protective orders?
  • What is the legal definition of domestic violence?
  • What does the legal definition of sexual assault include?
  • What protections are available to victims of domestic violence and sexual assault?
  • In which county can I file for a domestic violence protective order?
• Can I get a domestic violence protective order?
• What are the steps for getting a domestic violence protective order?
• After the Hearing

Basic Information

arribaWhat are protective orders?

Domestic violence protective orders are court orders from a judge that can order the abuser NOT to:

• Harm you in any way;
• Talk to you or send messages to you;
• Make threats to hurt or harass you;
• Come near your home, work place, or a school;
• Use or possess a deadly weapon, such as a knife or gun, if a weapon was used to assault you or the abuser had the weapon while abusing you (and that the abuser surrender his guns); or
• Use drugs.

In addition, the judge may order:

• that you have temporary custody of your children;
• that the police go with you to your home to provide protection while you return to live in the home or get personal possessions and your vehicle; and
• other safety provisions*:
  • a complete list of protections that you can request through a domestic violence protective order in Alaska is listed below. (How can a domestic violence protective order help me?) It is important to let the judge know if you need additional protections which are not listed on the standard protective order.

Note: A judge cannot deny you a protective order based only on the fact that there has been a lapse of time between the domestic violence and the filing of the petition.**

For more information, you can go to the Alaska State Court website.

*Alaska Statute §18.66.100(c)
**Alaska Statute §18.66.100(e)

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arribaWhat is the legal definition of domestic violence?

This section defines domestic violence for the purposes of getting a protective order.

According to the law,* domestic violence is when a household member does one of the things on the list below, or tries to do one of these things, against you or against another household member.  (Note: A "household member" does not have to live with you - see below for the legal definition of household member.)

• Murder: Killing you or another household member; *1
• Manslaughter: Causing the death of you or a household member under circumstances that do not qualify as murder; *2
• Assault: Causing (serious) physical injury, with or without a weapon, or making you afraid of immediate physical injury by using a weapon or by repeatedly making threats to cause death or serious physical injury to another person; *3
• Reckless Endangerment: Acting recklessly to create a substantial risk of serious physical injury to another person; *4
• Stalking: Making you afraid that you or a member of your household/ family (including extended family), or a person you have dated will be injured or killed, by repeatedly contacting or following you, a member of your household/ family or a person you have dated without your consent.  If the abuser has a deadly weapon at any time during the stalking, commits the stalking in violation of a protective order, or was convicted or certain crimes in the past, it is a more serious crime; *5
• Kidnapping: Taking or holding you against your will to hurt you or sexually assault you or for ransom or to use you as a hostage or shield; *6
• Custodial Interference: If the abuser is related to your child, and, knowing he has no legal right to do so, he takes or keeps the child with the intent to keep the child for an extended period of time.  If he takes the child out of state, it is a more serious crime; *7
• Sexual Assault: Having sexual intercourse or sexual contact with you without your consent or with a minor/child; *8
• Robbery: Taking or attempting to take property from you by force.  If he uses or threatens to use a weapon or causes/attempts to cause serious physical injury, it is a more serious crime; *9
• Extortion and Coercion: Getting your property or getting you to do something by threatening or suggesting that either the abuser or someone else may injure someone, accuse someone of a crime, or expose damaging confidential/secret information that would cause you to be ridiculed; *10 
• Burglary: A person enters or remains unlawfully in a building or dwelling with the intent to commit a crime, with or without a weapon; *11
• Criminal Trespass: a person remains unlawfully on land (with or without the intent to commit a crime) or in a dwelling without intent to commit a crime; *12
• Arson and Criminally Negligent Burning: Intentionally or negligently damaging property or a building by starting a fire or causing an explosion. If the fire is intentional and it places another person in danger of serious physical injury, it is a more serious crime; *13
• Criminal Mischief: Damaging another person's property or tampering with someone's food, air, water or drug/cosmetic.  The more costly the damage to your property, the more serious the crime; *14
• Violating a Protective Order: In violation of a protective order, the abuser either contacts you, harasses you, stalks you, fails to stay away from your home, work, school or other places named in your protective order; *15
• Terroristic Threatening: Making a false report that a circumstance exists or sending you a chemical/ biological substance that places you in fear of physical injury to any person; *16
• Harassment: Making repeated telephone calls to you at extremely inconvenient hours; or anonymous or obscene telephone calls; insulting you in a way that would likely make you act out violently; subjecting you to offensive physical contact (if the contact is with bodily fluids, it is a more serious crime); or publishing pictures of you that show you naked or engaged in a sexual act; *17
• Interfering With a Report of Domestic Violence: When a person, other than the victim, interferes with another person who is reporting or attempting to report a crime involving domestic violence to the police; *18

Household members include adults or minors who:

•   are current or former spouses;
•   live together or who have lived together;
•   are dating or who have dated;
•   have or once had a sexual relationship;
•   are related to each other by blood (including half-blood )or adoption, such as child, parent, grandchild, brother, sister, grandparent, uncle, first cousin, or other relative;
•   are related by a current or former marriage (including step-parents and step-children);
•   have a child in common from a relationship whether or not they have been married or have lived together;
•   are the minor child of a person in a relationship described above.*19

For a complete list of domestic violence-related laws, please see the Alaska Statutes page.  Please see our Learn About Domestic Violence page for more information on domestic violence.

The following are the cited sections from Alaska Statute: * § 18.66.990(3);*1 §11.41.100 & 110 & 115 &130; *2 §11.41.120; *3 §11.41.200-230; *4 § 11.41.250(a); *5 §11.41.260 & 270; *6 §11.41.300; *7 §11.41.320-330; *8 §11.41.410 - 425 & 11.41.434-440; *9 §11.41.500 & 510; *10 § 11.41.520 & 530; *11 § 11.46.300 & 310; *12 § 11.46.320 & 330; *13 § 11.46.400-430; *14 § 11.46.475-486; *15 § 11.56.740; *16 § 11.56.807 & 11.56.810; *17 § 11.61.118 & 120; *18 § 11.56.745; *19 Alaska Statute §18.66.990 (5)

 

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arribaWhat does the legal definition of sexual assault include?

Rape, or first degree sexual assault, is a serious felony that can be committed in three ways:

• when a person sexually penetrates you without your consent;
• when a person attempts to sexually penetrate you without your consent and causes serious physical injury; or
• when someone sexually penetrates you and knows you are unaware that a sexual act is being committed and you are under the care of the offender by authority of law or the offender is a health care worker and the offense takes place during the course of professional treatment. *

Second degree sexual assault, also a felony but with lower penalties than first degree, can be committed:

• when someone has sexual contact with you without your consent;
• when someone has sexual contact with you and you are mentally disabled and under his care by authority of law or you are in a licensed facility;
• when someone sexually penetrates you and you are mentally incapable, incapacitated, or unaware the sexual act is being committed; or
• when someone has sexual contacts with you and knows you are unaware that a sexual act is being committed and the offender is a health care worker and the offense takes place during the course of professional treatment. *1

Third degree sexual assault, a lesser felony, can be committed:

• when the offender engages in sexual contact with a person who the offender knows is mentally incapable; incapacitated; or unaware that a sexual act is being committed or
• when the offender works in a prison/ jail and engages in sexual penetration with you while you are a prisoner or
• when the offender sexually penetrates a person who is 18 or 19 years old who the offender knows is committed to the custody of the Department of Health and Social Services and the offender is the legal guardian of the person.*2

Fourth degree sexual assault, a misdemeanor, can be committed:

• when the offender works in a prison/ jail and engages in sexual contact with you while you are a prisoner or
• when the offender has sexual contact with a person who is 18 or 19 years old who the offender knows is committed to the custody of the Department of Health and Social Services and the offender is the legal guardian of the person.*3

If you are married to someone who has sexually assaulted you, it could still a crime and your husband could still be prosecuted for rape. *4 A boyfriend or acquaintance can also be prosecuted for sexual assault commonly referred to as "date rape." Attempted illegal acts could also be crimes, so you should report an attempted sexual assault even when the act was incomplete.

Alaska has a state law intended to prevent a victim of sexual assault from being re-victimized in the courtroom. In the past, attorneys often cross-examined the victim about her past sexual conduct or clothing, particularly in cases where the defendant said the woman consented. The law specifically prohibits bringing in evidence or making reference to a rape victim's past sexual conduct unless the judge believes the information is important for the trial. The judge would first hear the evidence without the jury present to make his/her decision as to whether to allow the evidence in the trial. *5

* Alaska Statute § 11.41.410
*1 Alaska Statute § 11.41.420
*2 Alaska Statute § 11.41.425
*3 Alaska Statute § 11.41.427
*4 Alaska Statute § 11.41.432
*5 Alaska Statute § 12.45.045

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arribaWhat protections are available to victims of domestic violence and sexual assault?

The laws of Alaska provide protection to individuals who are victims of domestic violence and sexual assault. One of those laws is the Domestic Violence Prevention and Victim Protection Act of 1996. This law provides comprehensive protection to victims of domestic violence and sexual assault, which are explained in more detail in other sections on this site, including civil protective orders and protections throughout the criminal process.

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arribaIn which county can I file for a domestic violence protective order?

You can file for a domestic violence protective order in the judicial district where you are living, where the abuser lives, or where the abuse occurred.

*Alaska Statute § 3(h)

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