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)