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Getting Help :: Safety plans :: Information for leaving :: Protective Orders
What is a Protective Order?
A protective order is a court order that limits the contact one person has with another person, and may include no contact. The protective order can be tailored to the petitioner’s specific needs and safety concerns. The court may grant the protective order if someone has committed a crime involving domestic violence.
In order to be eligible for a protective order, the abuser must be a household member. A household member is defined as adults or minors who currently or formerly were married, lived together, dated, or have engaged in a sexual relationship; and adults or minors related by blood or adoption.
Where to File
To file for an ex parte or long-term protective order, one must fill out a petition. A petition may be requested and filed:
HOURS:
Mon. – Fri. 8am to 9 pm
Sat., Sun., Hol. - 12 pm to 9 pm
WHERE:
Domestic Violence Office, 1st Floor Boney Building (Old Courthouse)
303 K Street, Anchorage, AK
A petition may also be picked up at AWAIC, 100 W. 13th Avenue.
There is no charge for filing for a domestic violence protective order.
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3 Types of Protective Orders
There are three different types of civil protective orders in the State of Alaska.
Please remember that it is a good idea for the petitioner to keep the order on his or her person at all times.
- 72-hour Emergency Order – Only a law enforcement officer may request this on behalf of and with the consent of the victim. The officer makes the request to a judicial officer either orally or in writing. This request can be made in person or by phone.
- 20-day Ex Parte Order - A person has the right to ask for protection in an emergency without prior notice. The ex parte order may offer protection for up to twenty days.
- Long-term Order – This order does require prior notice to the
respondent, who has the opportunity to contest it at a hearing. The
court will set a date for a hearing to determine whether protection
should be granted for one year. At the hearing both petitioner and respondent
have an opportunity to tell their sides of the story.
Filing a civil Protective Order does not mean the police will get involved (except to serve the notice) or that an arrest warrant will be issued.
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| The petitioner must be an active participant! The protective order process is party-propelled. This means that in order for the process to move forward, the petitioner must be an active participant. In a protective order case, the petitioner is responsible for ensuring that the order is respected and enforced -- no agency, officer or court will do it for you!
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How to File
On the petition, the petitioner may request either an ex parte (20-day)
order, a long-term (1 year) order, or both orders.
When filling out the paperwork, the petitioner must provide details of at least one incidence of domestic violence. The petitioner may give two or three examples of the abuse starting with the most recent incident first. The examples must be described in detail (including who was present, exactly what happened, when, where, and how did it happen.) To get a protective order, the petitioner may need to give the court enough information to show that the respondent has committed “a crime involving domestic violence.”
After the petitioner fills out the paperwork, he or she speaks to a judicial officer (judge or magistrate) for the ex parte hearing. The judicial officer will review the forms and ask the petitioner questions about his or her relationship to the respondent, the alleged domestic violence incident, and the relief that is being requested.
The judicial officer will either grant or deny the protective order. If there are any questions, an advocate at AWAIC can explain the process in more detail.
What Kind of Protection You May Request in the Petition
- Respondent not commit or threaten to commit acts of domestic violence.
- Respondent not be in petitioner’s physical presence and not contact directly or indirectly (telephone, mail, through another person).
- Respondent to leave and stay away from the residence (despite who owns it).
- Respondent not enter or follow a vehicle in petitioner’s possession or occupied by him or her.
- Respondent not to use or possess controlled substances.
- Temporary possession of a vehicle.
- Temporary custody of children.
- AND MORE...
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Reminders About Safety
A protective order is only a piece of paper. It should be used as one tool for safety, not the only form of protection. Explore all opportunities to ensure safety, especially if there is a chance the abuser will not respect the law or a court order. AWAIC has advocates available who can assist in exploring safety options and developing a personalized safety plan.
If you have any questions concerning the legal system, contact AWAIC at 279-9581.
Some Common Questions
How do I prepare for the long-term hearing?
It is not necessary to have an attorney for the hearing. You can become familiar with the process by:
- Attending other long-term hearings. A weekly schedule is available by contacting an advocate or a court clerk.
- Talking to the advocates.
- Contacting court clerks.
- ASKING QUESTIONS!!
What if the respondent violates the protective order?
Once the protective order is granted, it is important to keep it on one’s person at all times. If the respondent violates the order, call law enforcement immediately, receiving a Case Number of the violation and the officer’s name. The respondent may be arrested if he or she violates certain provisions of the protective order. Document the violations.
What if the petitioner initiates contact with the respondent?
A protective order does not prohibit the petitioner from contacting the respondent. If the petitioner contacts the respondent, the petitioner is not in violation of the protective order (as long as he or she is not a respondent in another case). Contact initiated by the petitioner also does not nullify or void the protective order. However, by contacting the respondent, the petitioner may make it more difficult to prosecute violations of the order. It may also decrease the petitioner’s chances of receiving a protective order against the same person in the future.
Can I change or drop the protective order?
The petitioner and the respondent have the right to request to modify or dissolve the order at any time throughout either the ex parte or long-term order. The petitioner and respondent may remove, add or revise any items in the order. To modify or dissolve a protective order, request and file a Motion to Modify/Dissolve with the court clerk in the Domestic Violence Office. The motion may also be picked up at AWAIC.
What if there is a protective order against me?
If a person has been served with a protective order, he or she must follow the court order. However, one has the right to file for a protective order at ANYTIME, regardless of whether someone else (the abuser) may have filed first. However, according to the law, the court can only grant protection to the PETITIONER, not the respondent, even if a judge believes the respondent is the victim. Therefore, if you want protection, you must file for your own protective order.
What if I was arrested for assaulting my abuser?
Sometimes victims of domestic violence are arrested for assaulting their abusers. A criminal assault charge cannot be the sole reason for denying a person a protective order. Remember, in order to receive protection from the court you must be a petitioner in your own case.
More questions?
Call AWAIC, 279-9581 or 272-0100 crisis line.
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How a Protective Order is Served
Once a protective order is granted, copies are given to you and the Anchorage Police Department Warrant Section (Rm. 133 in the Boney Courthouse). The Warrant Section assigns the order to an officer who will attempt to serve it based upon the information you provided on the “Law Enforcement Information Sheet”. The order can only be served by a law enforcement officer.
If the respondent has not been served and you learn of his or her location, you should first call the Warrant Section at 343-4155 (hours are 8AM-4PM M-F). If the officer is not available or the Warrant Section is closed, call APD Dispatch at 786-8900.
If you have to call Dispatch, you must be within a few blocks of the respondent so that a patrol officer can meet with you before attempting to serve the order. You will need to give the officer your copy of the order. The original order is kept on file at the Boney Courthouse and you will be able to obtain a new copy.
Please keep in mind that because officer availability is based upon the number and priority of all calls for service, there may be an extended waiting time.
If you have any questions or concerns about the service of a protective order, you can call the APD Warrant Section at 343-4155.
Key words and Phrases
Domestic Violence – When one person uses emotional, sexual and/or physical abuse to gain power and control over someone else.
Petitioner - The person asking the court for protection, the alleged victim.
Respondent – the alleged abuser when one files for a protective order.
Civil court – court that issues protective orders, grants divorces and dissolutions, rules on child custody, child support, property division, and determines paternity.
Criminal court – court that prosecutes for murder, manslaughter, assault, stalking, kidnapping, custodial interference, sexual assault, and violating a protective order.
Judge– a judicial officer who is bound by rules that govern ethical and professional conduct; a neutral decision maker.
Magistrate –a judicial officer similar to a judge, but appointed by the presiding superior court judge.
AWAIC offers . . .
Safety
Support
Advocacy
Education
Referrals
Call (907) 279-9581 business line
Or (907) 272-0100 24-hour crisis line.
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