Who can file for a domestic violence protective order?
1. A victim of domestic violence
Any person who is a victim of domestic violence by a “household member” can file for a protective order. Household members include adults or minors who:
- Are current or former spouses;
- Live together or who have lived together;
- Are dating or who have dated;
- Have or once had a sexual relationship;
- Are related to each other by blood (including half-blood) or adoption, such as child, parent, grandchild, brother, sister, grandparent, uncle, first cousin, or other relative;
- Are related by a current or former marriage (including step-parents and step-children);
- Have a child in common from a relationship whether or not they have been married or have lived together; or
- Are the minor child of a person in a relationship described above.1
A judge cannot deny you a protective order based only on the fact that there has been a lapse of time between the domestic violence and the filing of the petition.2
Note: If you do not have a household member relationship with the abuser, you may be eligible for a sexual assault or stalking protective order. For more information about these orders, see What is a stalking or sexual assault protective order?
2. A peace officer
With the consent of a victim of a crime involving domestic violence, a peace officer, may request an emergency protective order from a judicial officer in person or by telephone on behalf of the victim. If the judge believes that the victim is in immediate danger of domestic violence based on an allegation that the abuser recently committed a crime involving domestic violence, the court can issue an emergency protective order, which expires 72 hours after it is issued unless dissolved earlier by the court at the request of the victim.3
For information about representing yourself in a protective order hearing, you can check out the Alaska State Courts website. You can also find general information about preparing for court on our Preparing Your Case page.
1 Alaska Statute §18.66.990 (5)
2 Alaska Statute §18.66.100(e)
3 Alaska Statute §18.66.110(b)
Can I get a domestic violence protective order against a same-sex partner?
In Alaska, you may apply for a domestic violence protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can file for a domestic violence protective order? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Alaska?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can minors get domestic violence protective orders?
Parents or guardians can request domestic violence protective orders on behalf of their child, if the child is under 18. The abuser must have committed a crime of domestic violence against the child. The court may appoint a guardian ad litem or attorney to represent the minor.1
1 Alaska Statute §18.66.100(a)
Where can I file for a domestic violence protective order?
You can file for a domestic violence protective order in the judicial district where you are living, where the abuser lives, or where the abuse occurred.
1 Alaska Statute § 3(h)
How much does it cost to get and serve a protective order? Do I need a lawyer?
Nothing. There is no filing fee to get a protective order.
Although you do not need a lawyer to file for a protective order, you may wish to have a lawyer, especially if the abuser has a lawyer. Even if the abuser does not have a lawyer, if you can, contact a lawyer to make sure that your legal rights are protected.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the AK Finding a Lawyer page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the AK Courthouse Locations page.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.