Can I modify and/or extend my protective order?
Modifications: After the court has granted either the ex parte temporary protective order or long term protective order, if you want to change part of the order, you can file your request with the court.
Only the judge has the power to modify the order. If you are trying to modify an ex parte temporary protective order, the court will schedule a hearing with three days’ notice or less. If you are trying to modify a long-term order, the court will schedule a hearing within 20 days after the date the request is made if the court finds that the request to modify the order has value (merit).1
You and the abuser cannot change the order simply by agreeing outside of the legal process. Even if both of you agree to change part of the order, you must still go through the legal system for the change to be enforceable. It is not valid unless it is written in a court order. Allowing the abuser to ignore one part of the order could encourage violations of other parts. For more information, see the Alaska State Court System’s website.
Extensions: To extend your protective order, you must file a petition 30 days before the existing order expires, or within 60 days after it has expired. The court clerk will set a hearing date and give the respondent at least ten days’ notice. If the judge believes that the extension is necessary to protect you from domestic violence, then s/he can extend your order for one year.2
Most parts of a long term protective orders expire after one year. However, the part (“provision”) that prohibits the respondent from threatening to commit or committing domestic violence is in effect forever (indefinitely), unless a judge rules otherwise.
1 Alaska Statute § 18.66.120(a)(1) & (2)
2 Alaska Statute § 18.66.100(f)