Conozca la Ley: Alaska
ACTUALIZADA 27 de julio, 2008
This protective order is designed to protect you from stalking, harassment, or sexual assault from anyone who is not a household member.
- What is stalking?
- What is a stalking protective order?
- What are the steps for filing for a stalking protective order?
- I'm a victim of stalking. Do I file for a stalking or domestic violence protective order?
- Where can I find additional information on stalking?
arribaWhat is stalking?
Stalking can be any incident of threatening, following, surveillance and/or coercive behavior that occurs more than once. Some examples are:
- following you on foot or by car;
- watching you from outside your home or workplace; or
- sending letters, e-mails or making unwanted telephone calls to you.
In Alaska, to qualify as “stalking” a person’s acts must meet all of the following requirements:
- repeated acts of contact without the person’s consent;
- involving the person or a family member;
- done knowingly; and
- that places the person either in fear of his/her own death or physical injury or the death or physical injury of a family member.
* Alaska Statute § 11.41.260-270
arribaWhat is a stalking protective order?
A stalking protective order is a civil court order that is similar to a protective order for domestic violence, but it is designed to specifically protect you from stalking or harassing behavior. If you and the stalker are household members you need to file for a domestic violence protective order. If you and the stalker are not household members you need to file for a stalking protective order.
A stalking protective order can:
- Order the stalker to stop threatening to commit or committing stalking or sexual assault;
- Order the stalker to stop calling you, contacting you, or communicating with you directly (or indirectly through a third party). This could also apply to a household member if that person is specifically listed on your protective order.
- Order the stalker to stay away from your home, school, workplace, or any other place listed in your order. However, if the stalker lives with, goes to school with, or works with you, he will have to have been given actual notice of the opportunity to attend the protective order hearing before he can be ordered to stay away from your home, school, or workplace.
- Order other relief that the court determines to be necessary to protect you or a specific household member.*
* Alaska Statute §18.65.850
arribaWhat are the steps for filing for a stalking protective order?
The steps for filing for a stalking protective order are generally the same as the steps for a domestic violence protective order. See What are the steps for getting a protective order?
You also have the option of requesting an ex parte or emergency stalking protective order, as you do when filing for a domestic violence protective order. See What are the three types of protective orders to read more about what ex parte and emergency orders can do for you.
arribaI'm a victim of stalking. Do I file for a stalking or domestic violence protective order?
Deciding which type of protective order to file depends on your relationship to the stalker. Both stalking and domestic violence protective orders can protect victims of stalking.
You can file for a domestic violence protective order if the stalker is:
- Your current or former spouse;
- Someone you live with or have lived with in the past;
- Someone you have, or had, a dating relationship or sexual relationship with in the past;
- A relative by blood or marriage; or
- Someone you have a child with.
- A stranger;
- Someone you know but were never romantically involved with; or
- Anyone else who is stalking you that you cannot get a domestic violence protective order against.
arribaWhere can I find additional information on stalking?
The Stalking Resource Center can help you find the information you need regarding stalking and harassment.
To read Alaska statutes regarding stalking protective orders, please see our Alaska Legal Statutes page.
To read criminal Alaska statutes regarding stalking and harassment, please see www.ncvc.org/src/main.aspx?dbID=DB_State-byState_Statutes117.