Anchorage Domestic Violence Lawyer
Alaska Statute Section 18.66.100 sets out the law regarding domestic violence restraining orders. The statute states that 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.
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 listed below. The provisions of a protective order issued are effective until further order of the court and some sections are effective for one year unless earlier dissolved by court order.
A protective order under this section may do any of the following:
(1) prohibit someone from threatening to commit or committing domestic violence, stalking, or harassment;
(2) prohibit someone from telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner;
(3) remove and exclude someone from the residence of the petitioner, regardless of ownership of the residence;
(4) direct someone 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 someone from entering a propelled vehicle in the possession of or occupied by the petitioner;
(6) prohibit someone 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 someone 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 collect personal property;
(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) 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) 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.
Domestic violence in Alaska has a very broad meaning. "Domestic violence" and "crime involving domestic violence" mean one or more of the following offenses or an offense under a law or ordinance of another jurisdiction having elements similar to these offenses, or an attempt to commit the offense, by a household member against another household member:
(A) a crime against the person under AS 11.41;
(B) burglary under AS 11.46.300 - 11.46.310;
(C) criminal trespass under AS 11.46.320 - 11.46.330;
(D) arson or criminally negligent burning under AS 11.46.400 - 11.46.430;
(E) criminal mischief under AS 11.46.475 - 11.46.486;
(F) terrorist threatening under AS 11.56.807 or 11.56.810;
(G) violating a protective order under AS 11.56.740 (a)(1); or
(H) harassment under AS 11.61.120 (a)(2) - (4);
Contact Attorney Kenneth M. Wasche for a Free Initial Consultation
Consultations can be scheduled on-site at attorney Kenneth M. Wasche's Anchorage office or off-site as necessary. As a licensed pilot and member of the Alaska Airman's Association Mr. Wasche can visit many of Alaska's road inaccessible locations by air.
To schedule a free initial consultation with an Alaska family law lawyer, call 907-980-1223 or send an e-mail.
