Section 18.65.540. Central registry of protective orders.

   (a) The Department of Public Safety shall maintain a central registry of protective orders issued by or filed with a court of this state under AS 13.26.450 - 13.26.460, AS 18.65.850 - 18.65.870, or AS 18.66.100 - 18.66.180. The registry must include, for each protective order, the names of the petitioner and respondent, their dates of birth, and the conditions and duration of the order. The registry shall retain a record of the protective order after it has expired.
   (b) A peace officer receiving a protective order from a court under AS 13.26.450, 13.26.455, AS 18.65.850 - 18.65.855, or AS 18.66.100 - 18.66.180, a modified order issued under AS 13.26.460, AS 18.65.860, or AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to ensure that the order, modified order, or dismissal is entered into the central registry within 24 hours after being received.
   (c) A petitioner or respondent who is the subject of a protective order may request the Department of Public Safety to correct information about the order in the central registry. The person requesting the correction has the burden of proving that the information is inaccurate or incomplete. The person may appeal an adverse decision to the court under applicable court rules for appealing the decision of an administrative agency. On appeal, the appellant has the burden of showing that the department's action was an abuse of discretion. An appeal filed under this subsection may not collaterally attack a protective order, challenge the grounds upon which the order was based, or challenge the evidence submitted in support of the order.
   (d) The Department of Public Safety may adopt regulations to implement this section.
   (e) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

Authorities

12.65.130;13.26.460;18.66.100;18.66.110;18.66.120;18.66.140

Notes

Implemented As

13 AAC 68.110

References

AS 12.65.130 State child fatality review team duties.
AS 13.26.460 Protective orders; modification; third-party compliance; forms; fees.
AS 18.66.100 Protective orders: eligible petitioners; relief.
AS 18.66.110 Ex parte and emergency protective orders.
AS 18.66.120 Modification of protective orders.
AS 18.66.140 Filing and enforcement of protective orders issued in other states.

History

(Sec. 29 ch 64 SLA 1996; am Sec. 4 ch 87 SLA 2003; am Sec. 3 ch 36 SLA 2006; am Sec. 13, 14 ch 71 SLA 2012)