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Legal Statutes: Alaska

UPDATED September 14, 2017

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ARTICLE 12. STALKING AND SEXUAL ASSAULT ORDERS AND NOTIFICATION TO STALKING AND ASSAULT VICTIMS

back to topSec. 18.65.865. Service of process; forms for petitions and orders; fees; warnings; notification; and pending civil or criminal actions

(a) Service of process of an order issued by the court under AS 18.65.850--18.65.860shall be as provided in AS 18.66.160 for service of process of domestic violence protective orders.

(b) The Alaska Court System shall prepare forms for petitions and protective orders and instructions for their use by a person seeking a protective order under AS 18.65.850--18.65.860. The forms must conform to the Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting. Filing fees may not be charged in any action seeking only the relief provided in AS 18.65.850--18.65.870. Each protective order form must contain the following warning in boldface type: “Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and a fine of up to $25,000.”

(c) The Department of Public Safety shall develop and make available to law enforcement agencies in the state a notice that details the rights of victims of stalking and sexual assault and the services available to them. The form must be similar to that provided to victims of domestic violence under AS 18.65.520. A peace officer investigating a stalking or sexual assault offense shall provide the form to the victim.

(d) In addition to other information required, a petition for a protective order must include a statement of pending civil and criminal actions involving either the petitioner or the respondent, if known. While a protective order is in effect or a petition for a protective order is pending, both the petitioner and respondent have a continuing duty to inform the court of pending civil and criminal actions involving either the petitioner or the respondent, if known.

SLA 2003, ch. 87, § 5; SLA 2006, ch. 36, §§ 9, 10, eff. Aug. 16, 2006. Amended by SLA 2013, ch. 43, § 26, eff. July 1, 2013; SLA 2017, ch. 13, § 16, eff. June 20, 2017.