A domestic violence protective order is a civil court order that tells someone to stay away from you and stop the abuse. Alaska has three kinds, lasting 72 hours, 20 days, or one year, and you can ask for one without hiring a lawyer. Domestic violence cases are a core part of Chicklo Law Group's family law practice.
If you are in danger right now, call emergency services first.
Who can get a domestic violence protective order in Alaska?
You can file if a household member has committed or threatened a crime of domestic violence against you. Under Alaska law it covers current and former spouses, people who live or have lived together, people who are dating or used to date, people who share a child, and many relatives by blood or marriage.
The abuse does not have to be physical. Threats, stalking, harassment, and damaging your property can all qualify. If the person is not a household member, such as a coworker or neighbor, a stalking or sexual assault protective order may fit better.
How long does a protective order last in Alaska?
It depends on the type. The durations below come from the Alaska Department of Public Safety's protective order policy.
Order type: Emergency, Ex parte, Long-term
Who asks for it: A police officer, with the victim's consent, The victim, at the courthouse or online, The victim
Is the other person notified first?: No, No, Yes, and there is a hearing
How long it lasts: 72 hours, 20 days, 1 year
"Ex parte" means the judge decides without the other person present or notified, which is why the order can be issued the same day. One provision of a long-term order works differently: the part ordering the respondent not to commit or threaten domestic violence, stalking, or harassment can stay in effect until the court says otherwise, as WomensLaw explains under AS 18.66.100(b).
How do I file for a protective order?
You file a petition at any Alaska courthouse or through the court system's online protective order request, and there is no filing fee. Most people ask for an ex parte order and a long-term order at the same time.
Complete the petition. Describe specific incidents with dates, what was said or done, and any injuries, police reports, texts, or photos.
A judge or magistrate reviews it, often the same day.
If the ex parte order is granted, law enforcement serves the respondent, the person the order is against. You do not have to deliver it yourself.
The court sets a long-term hearing, usually before the 20-day order expires.
If the ex parte request is denied, you can still go forward with the long-term hearing.
What happens at the long-term protective order hearing?
Both sides can appear, testify, and present evidence, and the judge decides whether you have proven domestic violence by a preponderance of the evidence, meaning it is more likely than not that it happened.
Bring copies of anything you mentioned in the petition, a short timeline, and any witnesses who saw or heard the abuse. If the respondent was served and does not show up, the court will often grant the order.
A long-term order can do more than a temporary one. Depending on the facts, it can order the respondent out of a shared home, award temporary custody of the children, set visitation terms, require payment of support, and bar the respondent from possessing a firearm.
How does a protective order affect custody or a divorce?
It can affect both significantly. Alaska law, AS 25.24.150(g), creates a rebuttable presumption that a parent with a history of perpetrating domestic violence should not get sole or joint custody. A "history" generally means one incident causing serious physical injury or more than one incident of domestic violence.
A finding made at a protective order hearing can be used later in a custody or divorce case. A parent who agrees to an order "just to make it go away" may be handing the other side evidence for the custody case.
Custody terms inside a protective order are temporary. Lasting arrangements come from a separate custody or divorce case.
What happens if the order is violated or about to expire?
Violating a domestic violence protective order is a crime in Alaska under AS 11.56.740, generally a class A misdemeanor punishable by up to one year in jail. Report any violation to police and keep a record of each one.
One point surprises people: the order binds the respondent, not you. If the respondent contacts you because you said it was fine, they can still be charged. If circumstances change, ask the court to modify or dissolve the order rather than ignoring it.
If you still need protection near the end of the year, ask about a new long-term order well before the old one expires.
When should I talk to Chicklo Law Group about a protective order?
The best time is before the long-term hearing, whether you are asking for protection or responding to a petition. The one-year order, and the findings behind it, can shape custody and divorce outcomes for years.
If you are considering a protective order, have been served with one, or need help connecting it to a custody or divorce case, Chicklo Law Group can walk you through your options and represent you at the hearing.
