Domestic Abuse Laws
Alaska
2001

Note: This page features auto-scrolling links by statute.

Chapter 18.66. DOMESTIC VIOLENCE AND SEXUAL ASSAULT

(back to top)

Sec. 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 six months 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) give the petitioner possession and use of a vehicle and other essential personal items, regardless of ownership of the items;
            (11) prohibit the respondent from consuming controlled substances;
            (12) require the respondent to pay support for the petitioner or a minor child in the care of the petitioner if there is an independent legal obligation of the respondent to support the petitioner or child;
            (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) [Delayed effective date]. 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 the Department of Corrections under AS 44.28.020 (b), or
                    (B) treatment for the abuse of alcohol or controlled substances, or both;             (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.

(back to top)

Sec. 18.66.110. Ex parte and emergency protective orders.
     (a) A person who is a victim of a crime involving domestic violence may file a petition under AS 18.66.100 (a) and request an ex parte protective order. If the court finds that the petition establishes probable cause that a crime involving domestic violence has occurred, it is necessary to protect the petitioner from domestic violence, and if the petitioner has certified to the court in writing the efforts, if any, that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective order. An ex parte protective order may grant the protection provided by AS 18.66.100 (c)(1) - (5), (8) - (12), and (16). An ex parte protective order expires 20 days after it is issued unless dissolved earlier by the court at the request of either the petitioner or the respondent and after notice and, if requested, a hearing. If a court issues an ex parte protective order, the court shall 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 .
      (b) A peace officer, on behalf of and with the consent of a victim of a crime involving domestic violence, may request an emergency protective order from a judicial officer. The request may be made orally or in writing based upon the sworn statement of a peace officer, and in person or by telephone. If the court finds probable cause to believe that the victim is in immediate danger of domestic violence based on an allegation of the recent commission of a crime involving domestic violence, the court ex parte shall issue an emergency protective order. In an emergency protective order, the court may grant the protection provided by AS 18.66.100 (c)(1) - (5), (8), (10), (11), and (16). An emergency protective order expires 72 hours after it is issued unless dissolved earlier by the court at the request of the petitioner.
      (c) A peace officer who obtains an emergency protective order under (b) of this section shall
            (1) place the provisions of an oral order in writing on a form provided by the court and file the written order with the issuing court by the end of the judicial day after it was issued;
            (2) provide a copy of the order to the petitioner;
            (3) serve a copy of the order on the respondent; and    
            (4) comply with the requirements of AS 18.65.540 for ensuring that the order is entered into the central registry of protective orders under AS 18.65.540 .
      (d) A court may not deny a petition for an ex parte protective order filed under (a) of this section solely because of a lapse of time between an act of domestic violence and the filing of the petition.

(back to top)

Sec. 18.66.120. Modification of protective orders.
      (a) Either the petitioner or the respondent may request modification of a protective order. If a request is made for modification of
            (1) an ex parte protective order under AS 18.66.110 (a), the court shall schedule a hearing on three days' notice or on shorter notice as the court may prescribe; the court shall hear and rule on the request in an expeditious manner; or
            (2) a protective order after notice and hearing under AS 18.66.100(b), the court shall schedule a hearing within 20 days after the date the request is made, except that if the court finds that the request is meritless on its face, the court may deny the request without further hearing.
      (b) If a request for a modification is made under this section and the respondent raises an issue not raised by the petitioner, the court may allow the petitioner additional time to respond.
      (c) If the court modifies a protective order under this section, it shall issue a modified order and shall
            (1) make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present at the hearing; 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 .

(back to top)

Sec. 18.66.130. Specific protective orders.
      (a) If a respondent in a protective order issued under AS 18.66.100 - 18.66.180 is prohibited from communicating with the petitioner, excluded from the residence of the petitioner, or ordered to stay away from the petitioner as provided in AS 18.66.100 (c)(2) - (5), an invitation by the petitioner to communicate, enter the residence or vehicle, or have other prohibited contact with the petitioner does not waive or nullify any provision in a protective order.
      (b) A court may not grant protective orders against the petitioner and the respondent in the same action under this chapter.
      (c) A court may not order parties into mediation or refer them to mediation for resolution of the issues arising from a petition for a protective order under AS 18.66.100 - 18.66.180.
      (d) In addition to other required information contained in a protective order, the order must include in bold face type the following statements:
            (1) "Violation of this order may be a misdemeanor, punishable by up to one year of incarceration and up to a $5,000 fine";
            (2) "If you are ordered to have no contact with the petitioner or to stay away from the petitioner's residence, vehicle, or other place designated by the court, an invitation by the petitioner to have the prohibited contact or to be present at or enter the residence, vehicle, or other place does not in any way invalidate or nullify the order."
      (e) A protective order issued under this chapter is in addition to and not in place of any other civil or criminal remedy. A petitioner is not barred from seeking an order under AS 18.66.100 - 18.66.180 because of the existence of another civil action between the petitioner and respondent.

(back to top)

Sec. 18.66.140. Filing and enforcement of protective orders issued in other states. (a) A certified copy of an unexpired protective order issued in another jurisdiction may be filed with the clerk of court in any judicial district in this state.
      (b) A protective order filed in accordance with (a) of this section has the same effect and must be enforced in the same manner as a protective order issued by a court of this state.
      (c) When a protective order is filed with the court under this section, the court shall have the order delivered to the appropriate local law enforcement agency for entry into the central registry of protective orders under AS 18.65.540 .

(back to top)

Sec. 18.66.150. Forms for petitions and orders; fees. (a) The Alaska Court System, after consulting with the Council on Domestic Violence and Sexual Assault and other interested persons and organizations, shall prepare forms for petitions, protective orders, and instructions for their use by a person seeking a protective order under this chapter. The forms must conform to the Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting.
      (b) In addition to other information required, a petition for a protective order must include a statement of pending civil actions or domestic violence criminal actions involving either the petitioner or the respondent. While a protective order is in effect or a petition for protective order is pending, both the petitioner and respondent have a continuing duty to inform the court of pending civil actions or domestic violence criminal actions involving either the petitioner or the respondent.
      (c) The office of the clerk of each superior and district court shall make available to the public under AS 18.66.100 - 18.66.180 the forms a person seeking a protective order under AS 18.66.100 - 18.66.180 may need and instructions for the use of the forms. The clerk shall provide assistance in completing the forms and filing the forms.
      (d) Filing fees may not be charged in any action seeking only the relief provided in this chapter.

(back to top)

Sec. 18.66.160. Service of process. (a) Process issued under this chapter shall be promptly served and executed. If process is to be served upon a person believed to be present or residing in a municipality, as defined in AS 29.71.800 , or in an unincorporated community, process shall be served by a peace officer of that municipality or unincorporated community who has jurisdiction within the area of service. If a peace officer of the municipality or unincorporated community who has jurisdiction is not available, a superior court, district court, or magistrate may designate any other peace officer to serve and execute process. A state peace officer shall serve process in any area that is not within the jurisdiction of a peace officer of a municipality or unincorporated community. A peace officer shall use every reasonable means to serve process issued under this chapter.
      (b) Service of process under (a) of this section does not preclude a petitioner from using any other available means to serve process issued under this chapter.
      (c) Fees for service of process may not be charged in a proceeding seeking only the relief provided in this chapter. Sec. 18.66.170. Notification of law enforcement agencies. When a court issues or accepts for filing a protective order under this chapter, it shall send a copy of the order to the appropriate local law enforcement agency. Each law enforcement agency shall establish procedures to inform peace officers of protective orders. Peace officers shall use every reasonable means to enforce a protective order issued or filed under this chapter.

(back to top)

Sec. 18.66.180. Civil liability. A person may not bring a civil action for damages against the state, its officers, agents, or employees, or a law enforcement agency, its officers, agents, or employees for any failure to comply with the provisions of this chapter.

(back to top)

Sec. 18.66.200. Compulsory disclosure of communications prohibited. (a) Except as provided in AS 18.66.210 or 18.66.220, a victim or victim counselor may not be compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications for any purpose in a criminal, civil, legislative, or administrative proceeding. In this subsection, "appropriate consent" means
            (1) the consent of the victim with respect to the testimony of
                   (A) an adult victim; and
                   (B) a victim counselor when the victim is an adult;
            (2) the consent of the victim's parent, legal guardian, or guardian ad litem with respect to the testimony of a
                   (A) victim who is a minor or incompetent to testify; and
                   (B) victim counselor when the victim is a minor or incompetent to testify.
      (b) Either party may apply for appointment of a guardian ad litem for purposes of (a)(2) of this section.
      (c) A victim or victim counselor may not be compelled to provide testimony in a civil, criminal, or administrative proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding, or the name, address, or telephone number of a victim counselor, unless the court or hearing officer determines that the information is necessary and relevant to the facts of the case.
      (d) Notwithstanding (a) of this section,
            (1) a minor may waive the privilege provided under (a) of this section and testify or give consent for a victim counselor to testify if the court determines that the minor is capable of knowingly waiving the privilege;
            (2) a parent or legal guardian may not, on behalf of a minor, waive the privilege provided under (a) of this section with respect to the minor's testimony or the testimony of a victim counselor if
                   (A) the parent or legal guardian has been charged with a crime against the minor;
                   (B) a protective order or restraining order has been entered against the parent or legal guardian on request of or on behalf of the minor; or
                   (C) the parent or legal guardian otherwise has an interest adverse to that of the minor with respect to the waiver of privilege.

(back to top)

Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does not apply to
      (1) reports of suspected child abuse or neglect under AS 47.17;
      (2) evidence that the victim is about to commit a crime;
      (3) a proceeding that occurs after the victim's death;
      (4) a communication relevant to an issue of breach by the victim or victim counselor of a duty arising out of the victim-victim counselor relationship;
      (5) a communication that is determined to be admissible hearsay as an excited utterance under the Alaska Rules of Evidence;
      (6) a child-in-need-of-aid proceeding under AS 47.10;
      (7) a communication made during the victim-victim counselor relationship if the services of the counselor were sought, obtained, or used to enable anyone to commit or plan a crime or to escape detection or apprehension after the commission of a crime; or
      (8) a criminal proceeding concerning criminal charges against a victim of domestic violence or sexual assault where the victim is charged with a crime
           (A) under AS 11.41 against a minor; or
            (B) in which the physical, mental, or emotional condition of the victim is raised in defense of the victim.

(back to top)

Sec. 18.66.220. Waiver. (a) A victim does not waive the protections provided in AS 18.66.200 by testifying except that, if the victim partially discloses the contents of a confidential communication in the course of testifying in a civil, criminal, or administrative proceeding, then either party may request the court or hearing officer to rule that justice requires the protections of AS 18.66.200 to be waived to the extent they apply to that portion of the communication. A waiver under this subsection applies only to the extent necessary to require a witness to respond to counsel's questions concerning the confidential communications that were disclosed and only to the extent that they are relevant to the facts of the case.
      (b) A victim counselor may not waive the protections afforded to a victim under AS 18.66.200 without the consent of the victim or the consent of a parent, legal guardian, or guardian ad litem authorized to give consent under AS 18.66.200 .

(back to top)

Sec. 18.66.230. Inference from claim of privilege; instruction. (a) The claim of a privilege under AS 18.66.200 , whether in a present proceeding or upon a prior occasion, is not a proper subject of comment by a judge, hearing officer, legislator, or counsel. An inference may not be drawn from the claim of privilege.
      (b) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of a claim of privilege under AS 18.66.200 without the knowledge of the jury.
      (c) Upon request, a party against whom a jury might draw an adverse inference from a claim of privilege under AS 18.66.200 is entitled to an instruction that an inference may not be drawn from the claim of privilege.

(back to top)

Sec. 18.66.250. Definitions. In AS 18.66.200 - 18.66.250,
      (1) "confidential communication" means information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and that is disclosed in the course of victim counseling resulting from a sexual assault or domestic violence;
     (2) "sexual assault" means an offense under AS 11.41.410 - 11.41.470 or an offense in another jurisdiction whose elements are similar to the elements of an offense under AS 11.41.410 - 11.41.470;
     (3) "victim" means a person who consults a victim counselor for assistance in overcoming adverse effects of a sexual assault or domestic violence;
     (4) "victim counseling" means support, assistance, advice, or treatment to alleviate the adverse effects of a sexual assault or domestic violence on the victim;
     (5) "victim counseling center" means a private organization or a local government agency that
            (A) has as one of its primary purposes the provision of direct services to victims for trauma resulting from a sexual assault or domestic violence;
            (B) is not affiliated with a law enforcement agency or a prosecutor's office; and
            (C) is not on contract with the state to provide services under AS 47;
     (6) "victim counselor" means an employee or supervised volunteer of a victim counseling center that provides counseling to victims
            (A) who has undergone a minimum of 40 hours of training in domestic violence or sexual assault, crisis intervention, victim support, treatment and related areas; or
            (B) whose duties include victim counseling.

(back to top)