Section 18.66.100. Protective orders: eligible petitioners; relief.

   (a) A person who is or has been a victim of a crime involving domestic violence may file a petition in the district or superior court for a protective order against a household member. A parent, guardian, or other representative appointed by the court under this section may file a petition for a protective order on behalf of a minor. The court may appoint a guardian ad litem or attorney to represent the minor. Notwithstanding AS 25.24.310 or this section, the office of public advocacy may not be appointed as a guardian ad litem or attorney for a minor in a petition filed under this section unless the petition has been filed on behalf of the minor.
   (b) When a petition for a protective order is filed, the court shall schedule a hearing and provide at least 10 days' notice to the respondent of the hearing and of the respondent's right to appear and be heard, either in person or by an attorney. If the court finds by a preponderance of evidence that the respondent has committed a crime involving domestic violence against the petitioner, regardless of whether the respondent appears at the hearing, the court may order any relief available under (c) of this section. The provisions of a protective order issued under
        (1) (c)(1) of this section are effective until further order of the court;
        (2) (c)(2) - (16) of this section are effective for one year unless earlier dissolved by court order.
   (c) A protective order under this section may
        (1) prohibit the respondent from threatening to commit or committing domestic violence, stalking, or harassment;
        (2) prohibit the respondent from telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner;
        (3) remove and exclude the respondent from the residence of the petitioner, regardless of ownership of the residence;
        (4) direct the respondent to stay away from the residence, school, or place of employment of the petitioner or any specified place frequented by the petitioner or any designated household member;
        (5) prohibit the respondent from entering a propelled vehicle in the possession of or occupied by the petitioner;
        (6) prohibit the respondent from using or possessing a deadly weapon if the court finds the respondent was in the actual possession of or used a weapon during the commission of domestic violence;
        (7) direct the respondent to surrender any firearm owned or possessed by the respondent if the court finds that the respondent was in the actual possession of or used a firearm during the commission of the domestic violence;
        (8) request a peace officer to accompany the petitioner to the petitioner's residence to ensure that the petitioner
             (A) safely obtains possession of the petitioner's residence, vehicle, or personal items; and
             (B) is able to safely remove a vehicle or personal items from the petitioner's 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; if visitation is allowed, the court may order visitation under the conditions provided in AS 25.20.061;
        (10) [See delayed amendment note]. =ro give the petitioner possession and use of a vehicle and other essential personal items, including a pet, regardless of ownership of the items;
        (11) prohibit the respondent from consuming controlled substances;
        (12) [See delayed amendment note]. =ro require the respondent to pay support for the petitioner, a minor child in the care of the petitioner, or a pet in the care of the petitioner if there is an independent legal obligation of the respondent to support the petitioner, child, or pet;
        (13) require the respondent to reimburse the petitioner or other person for expenses associated with the domestic violence, including medical expenses, counseling, shelter, and repair or replacement of damaged property;
        (14) require the respondent to pay costs and fees incurred by the petitioner in bringing the action under this chapter;
        (15) order the respondent, at the respondent's expense, to participate in (A) a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by, and that is approved by, the Department of Corrections under AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or both; a protective order under this section may not require a respondent to participate in a program for the rehabilitation of perpetrators of domestic violence unless the program meets the standards set by, and that is approved by, the Department of Corrections under AS 44.28.020(b);
        (16) order other relief the court determines necessary to protect the petitioner or any household member.
   (d) If the court issues a protective order under this section, it shall
        (1) make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present; and
        (2) have the order delivered to the appropriate local law enforcement agency for expedited service and for entry into the central registry of protective orders under AS 18.65.540.
   (e) A court may not deny a petition for a protective order under this section solely because of a lapse of time between an act of domestic violence and the filing of the petition.

Authorities

9.68.130;11.41.260;11.46.350;11.56.740;11.61.200;12.30.027;12.55.101;12.55.135;12.65.130;18.65.510;18.65.540;18.66.110;18.66.120;18.66.130;18.66.150;22.10.020;22.15.030;22.15.100;25.20.080;25.24.060;25.24.140;25.24.210;25.24.220;25.35.010;33.16.150;43.23.065;44.21.410;44.28.020;47.17.035

Notes

Recent Bills that will modify this

HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY

References

22 AAC 25.010
AS 9.68.130 .130">Sec. 09.68.130. Collection of settlement information.
AS 11.41.260 Stalking in the first degree.
AS 11.46.350 Definition; privilege to enter or remain on unimproved land.
AS 11.56.740 Violating a protective order.
AS 11.61.200 Misconduct involving weapons in the third degree.
AS 12.30.027 Release in domestic violence cases.
AS 12.55.101 Additional conditions of probation for domestic violence crimes.
AS 12.55.135 Sentences of imprisonment for misdemeanors.
AS 12.65.130 State child fatality review team duties.
AS 18.65.510 Domestic violence training.
AS 18.65.540 Central registry of protective orders.
AS 18.66.110 Ex parte and emergency protective orders.
AS 18.66.120 Modification of protective orders.
AS 18.66.130 Specific protective orders.
AS 18.66.150 Forms for petitions and orders; fees.
AS 22.10.020 Jurisdiction of the superior court.
AS 22.15.030 Civil jurisdiction.
AS 22.15.100 Functions and powers of district judge and magistrate.
AS 25.20.080 Mediation of child custody matter.
AS 25.24.060 Mediation.
AS 25.24.140 Orders during action.
AS 25.24.210 Petition for dissolution.
AS 25.24.220 Hearing.
AS 25.35.010 - 25.35.050. Injunctive relief in cases involving domestic violence. [Repealed, Sec. 72 ch 64 SLA 1996. For current law, see
AS 33.16.150 Conditions of parole.
AS 43.23.065 Exemption of and levy on permanent fund dividends.
AS 44.21.410 Powers and duties.
AS 44.28.020 Duties of department.
AS 47.17.035 Duties of department in domestic violence cases.

History

(Sec. 33 ch 64 SLA 1996; am Sec. 14 ch 86 SLA 1998; am Sec. 23 ch 124 SLA 2004; am Sec. 15 ch 60 SLA 2016)

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