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Legal Information: Alaska

Restraining Orders

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October 4, 2018

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 merit(value).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 AK State Court System's website.

Extensions: You cannot extend the entire long term protective order.  You need to fill out a new petition and begin the process again.  To get an additional order, you should describe if a new domestic violence incident occurred during the previous protective order or state the reason that you believe you continue to need the court's protection.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 indefinitely (forever), unless a judge rules otherwise.

1 Alaska Statute § 18.66.120(a)(1) & (2)
2 Adapted from the AK Court System "How to Represent Yourself in Alaska’s Domestic Violence Protective Order Process"