What types of domestic violence protective orders are there? How long do they last?
There are three types of domestic violence protective orders:
An emergency order is a temporary, emergency order that a police officer requests from a judge (orally, in writing, in person or by telephone) on behalf of a victim of domestic violence with the victim’s consent. If the judge believes that the petitioner (victim) is in immediate danger of domestic violence based on an allegation that domestic violence recently occurred, the judge is supposed to issue the emergency protective order. It generally lasts for 72 hours.1
An ex parte order is a temporary order that you would request from the judge in court for immediate protection. To get this order, the judge must believe (from reading your petition) that you have been the victim of domestic violence and that an immediate protective order is necessary. It generally lasts for 20 days. If a lot of time has passed between the incident and when you file, the judge cannot deny your request for an ex parte protective order based only on the fact that you didn’t file immediately after the incident.2
A final order (also called a “long-term” order), is issued by the judge following a hearing in court. At the hearing, the judge will review your petition (request) for a protective order as well as any evidence or witnesses you bring to court with you. If you are granted a final order, the order will last for one year although the term that “prohibits the respondent from threatening to commit or committing domestic violence, stalking, or harassment” can last until “further order of the court.”3
1 Alaska Statute § 18.66.110(b)
2 Alaska Statute § 18.66.110(a),(d)
3 Alaska Statute § 18.66.100(b)