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Legal Statutes: Alaska

UPDATED September 14, 2017

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ARTICLE 7. DOMESTIC VIOLENCE

back to topSec. 18.65.520. Notification to victims of domestic violence

(a) A peace officer investigating a crime involving domestic violence shall orally and in writing inform the victim of the rights of victims of domestic violence and the services available to them. The notice must be in substantially the following form:

If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety, including asking for an emergency protective order. You may also request the officer to assist you in obtaining your essential personal belongings and locating and taking you to a safe place, including a designated meeting place or shelter, the residence of a household member or friend, or a similar place of safety. In some places in Alaska there are organizations that provide aid and shelter to victims of domestic violence. The nearest organization is located at __________.

If you are in need of medical treatment, you may request that the officer assist you in obtaining medical treatment. You may obtain information about whether the prosecuting attorney will file a criminal complaint about the domestic violence. Additionally, the victim/witness assistance program of the Department of Law may be able to help you. This information is available from the district attorney's office, which is located at __________. You also have the right to file a petition in court requesting a protective order that may include any of the following provisions:

(1) prohibit your abuser from threatening to commit or committing further acts of domestic violence;

(2) prohibit your abuser from stalking, harassing, telephoning, contacting, or otherwise communicating with you, directly or indirectly;

(3) remove your abuser from your residence;

(4) order your abuser to stay away from your residence, school, place of employment, or any other specified place frequented by you or another designated household member;

(5) prohibit your abuser from entering your vehicle or a vehicle you occupy;

(6) prohibit your abuser from using or possessing a deadly weapon if the court finds your abuser was in the actual possession of or used a weapon during the commission of your abuse;

(7) direct your abuser to surrender any firearm owned or possessed by that person if the court finds your abuser was in the actual possession of or used a firearm during the commission of your abuse;

(8) request a peace officer to accompany you to your residence to ensure your safe possession of the residence, vehicle, or other items, or to ensure your safe removal of personal items from the residence;

(9) award temporary custody of a minor child to the petitioner and may arrange for visitation with a minor child if the safety of the child and the petitioner can be protected;

(10) grant you possession and use of a vehicle and other essential personal items, including a pet, regardless of the ownership of those items;

(11) prohibit your abuser from consuming controlled substances;

(12) require your abuser to pay support for you, a minor child in your care, or a pet in your care if there is an independent legal obligation of your abuser to support you, the child, or the pet;

(13) require your abuser to reimburse you for your expenses caused by domestic violence, including medical bills, or for your costs in getting a protective order;

(14) order your abuser to participate in an intervention program for batterers; and

(15) other relief the court determines to be necessary for your safety. The forms you need to obtain a protective order are available from the nearest court. It is not necessary to have an attorney to obtain a protective order, but you may consult an attorney if you choose. If you would like help obtaining a protective order, you may contact the nearest domestic violence program located at ________. The program can also tell you about other resources available in this community for information about domestic violence, treatment of injuries, and places of safety and shelter. You may also qualify for compensation from the Violent Crimes Compensation Board. The board may be contacted at ___________________.

(b) If the victim of domestic violence does not understand English, the police officer shall make reasonable efforts to inform the victim of the services and rights specified in (a) of this section in a language the victim understands.

History: § 3 ch 139 SLA 1980; am §§ 14, 15 ch 61 SLA 1982; am § 7 ch 64 SLA 1991; am §§ 28, 72 ch 64 SLA 1996;Amended by SLA 2016, ch. 60, § 13, eff. Jan. 17, 2017.