Section 18.65.520. Notification to victims of domestic violence.

   (a) A peace officer investigating a crime involving domestic violence shall orally and in writing inform the victim of the rights of victims of domestic violence and the services available to them. The notice must be in substantially the following form: 
                                                                 
   If you are the victim of domestic violence and you believe that law 
enforcement protection is needed for your physical safety, you have the
right to request that the officer assist in providing for your safety, 
including asking for an emergency protective order.                    
   You may also request the officer to assist you in obtaining your    
essential personal belongings and locating and taking you to a safe    
place, including a designated meeting place or shelter, the residence
 of a household member or friend, or a similar place of safety. In some
places in Alaska there are organizations that provide aid and shelter
 to victims of domestic violence. The nearest organization is located
 at ______________________.                                            
   If you are in need of medical treatment, you may request that the   
officer assist you in obtaining medical treatment.                     
   You may obtain information about whether the prosecuting attorney   
will file a criminal complaint about the domestic violence.            
Additionally, the victim/witness assistance program of the Department
 of Law may be able to help you. This information is available from the
district attorney's office, which is located at ____________________.  
   You also have the right to file a petition in court requesting a    
protective order that may include any of the following provisions:     
    (1) prohibit your abuser from threatening to commit or committing  
further acts of domestic violence;                                     
    (2) prohibit your abuser from stalking, harassing, telephoning,    
contacting, or otherwise communicating with you, directly or
 indirectly;                                                           
    (3) remove your abuser from your residence;                        
    (4) order your abuser to stay away from your residence, school,    
place of employment, or any other specified place frequented by you or 
another designated household member;                                   
    (5) prohibit your abuser from entering your vehicle or a vehicle
 you occupy;                                                           
    (6) prohibit your abuser from using or possessing a deadly weapon
 if the court finds your abuser was in the actual possession of or used
a weapon during the commission of your abuse;                          
    (7) direct your abuser to surrender any firearm owned or possessed 
by that person if the court finds your abuser was in the actual        
possession of or used a firearm during the commission of your abuse;   
    (8) request a peace officer to accompany you to your residence to  
ensure your safe possession of the residence, vehicle, or other items, 
or to ensure your safe removal of personal items from the residence;   
    (9) award temporary custody of a minor child to the petitioner and 
may arrange for visitation with a minor child if the safety of the
 child and the petitioner can be protected;                            
    (10)      See delayed amendment note.      grant you possession and use of
 a vehicle and other essential personal items, including a pet,        
regardless of the ownership of those items;                            
    (11) prohibit your abuser from consuming controlled substances;    
    (12)      See delayed amendment note.      require your abuser to pay      
support for you, a minor child in your care, or a pet in your care if  
there is an independent legal obligation of your abuser to support you,
the child, or the pet;                                                 
    (13) require your abuser to reimburse you for your expenses caused 
by domestic violence, including medical bills, or for your costs in    
getting a protective order;                                            
    (14) order your abuser to participate in an intervention program
 for batterers; and                                                    
    (15) other relief the court determines to be necessary for your    
safety.                                                                
   The forms you need to obtain a protective order are available from  
the nearest court. It is not necessary to have an attorney to obtain a 
protective order, but you may consult an attorney if you choose. If you
would like help obtaining a protective order, you may contact the      
nearest domestic violence program located at ________. The program can 
also tell you about other resources available in this community for    
information about domestic violence, treatment of injuries, and places 
of safety and shelter.                                                 
   You may also qualify for compensation from the Violent Crimes       
Compensation Board. The board may be contacted at ____________________.
                                                          
   (b) If the victim of domestic violence does not understand English, the police officer shall make reasonable efforts to inform the victim of the services and rights specified in (a) of this section in a language the victim understands.
   (c)   [Repealed, Sec. 72 ch 64 SLA 1996]. 

Authorities

18.65.510;18.65.515;18.65.865;18.66.300;47.17.035

Notes

Recent Bills that will modify this

HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY

References

AS 18.65.510 Domestic violence training.
AS 18.65.515 Duties of peace officer in a crime involving domestic violence.
AS 18.65.865 Service of process; forms for petitions and orders; fees; warnings; notification; and pending civil or criminal actions.
AS 18.66.300 Standards and procedures for health care in domestic violence cases.
AS 47.17.035 Duties of department in domestic violence cases.

History

(Sec. 3 ch 139 SLA 1980; am Sec. 14, 15 ch 61 SLA 1982; am Sec. 7 ch 64 SLA 1991; am Sec. 28, 72 ch 64 SLA 1996; am Sec. 13 ch 60 SLA 2016)