How To Get A Restraining Order In Alaska

Alaska restraining orders (legally called protective orders) are court-issued orders designed to prevent further harm to individuals who have experienced violence, threats, stalking, harassment, or assault. These protective orders typically prohibit contact between the petitioner (the victim) and their aggressor (the defendant) and may include other protective conditions. In Alaska, restraining orders are authorized under A.S §§ 18.65.850–18.65.870 (Stalking and Sexual Assault Orders) and A.S 18.66.100–18.66.180 (Domestic Violence Orders). Courts typically issue restraining orders in situations involving domestic violence, repeated harassment, sexual assault, stalking, or threats to a person's safety. The person seeking the order must show that unlawful or harmful behavior occurred and poses a continuing risk.

One may consult Alaska civil court records to research existing cases or access related court filings, which reveal restraining order filings, hearing dates, and final dispositions.

Types Of Restraining Orders in Alaska

Alaska courts recognize several restraining orders, each based on the nature of the threat or relationship between the parties. They include:

• Domestic Violence Protective Orders (DVPOs) (AS. §§ 18.66.100–18.66.180): Enacted under the Alaska Domestic Violence Prevention and Victim Protection Act of 1996, these orders apply when the petitioner and respondent share a domestic or familial relationship, such as spouses, former partners, family members, or cohabitants.
• Stalking Protective Orders (Alaska Stat. §§ 18.65.850–18.65.870): For individuals subjected to repeated, unwanted contact, following, or surveillance in a way that causes fear or distress, often by someone with whom they have no domestic relationship.
• Sexual Assault Protective Orders (Alaska Stat. § 18.65.865): Available to victims of non-consensual sexual penetration or contact, regardless of the petitioner's relationship to the alleged offender (strangers or acquaintances).
• Ex Parte Protective Orders (Alaska Rules of Civil Procedure, Rule 65): Also known as Temporary Protection Orders, these are immediate, short-term, same-day orders issued without the respondent present if the judge finds the petitioner to be in immediate danger. They are typically available to victims of domestic violence (AS 18.66.110), workplace violence, or stalking/sexual assault (AS 18.65.850).
• Emergency Protective Orders (AS 18.66.115(b)): When courts are closed, and a sexual assault victim is in immediate danger, a peace officer may request an emergency order by telephone.
• Long-Term Protective Orders: These are issued as a final order after a court hearing and with enforceable conditions.

Are Restraining Orders Public Record In Alaska?

Yes. Most Alaska restraining order case records are generally part of the public record and are accessible through the court's public database or upon request to court clerks. Protective order cases are typically filed as civil matters and are publicly searchable through the state's CourtView Public Access Database. As a result, information such as the names of parties, case numbers, and hearing dates may be visible to anyone conducting a court record search, including employers, landlords, and other third parties.

However, although protective orders case metadata (e.g., parties, docket entries, and the final disposition) may be publicly visible, certain filings or exhibits such as detailed affidavits, medical records, or photographs, may be restricted to protect the victim's privacy or as required under AS 40.25.120(a) which exempts certain government records from public inspection. Other exemptions are Juvenile Protective Order cases and other closed cases in which no protective order was issued. Still, law enforcement has access to both active and expired protective orders through the Alaska Public Safety Information Network (APSIN).

How To Lookup Restraining Orders In Alaska

Restraining orders are typically filed in the District Court or Superior Court of the judicial district where either the person seeking the order or the person against whom the order is sought resides, or where the abuse occurred. Restraining orders in Alaska can be looked up through the Alaska Court System using both online and in-person methods:

Online Search: The CourtView Public Access Site allows users to search for restraining orders by party name or case number. Basic case details such as the type of order, hearing dates, and case status are typically available unless the record has been sealed.

In-Person Requests: Interested parties may contact the clerk of the local trial court where the order was filed to inspect case files or obtain copies of case records. Depending on the county, this process might involve filling out a request form.

One might also search for Alaska State protective order records through specific third-party and volunteer organisations.

Can You Look Up a Restraining Order Online?

Yes. Individuals may look up Alaska Protective or Restraining Orders case information online through the statewide CourtView Public Access Site. Here, users can search by name or case number. However, access to specific details may be restricted to involved parties, and any sealed or confidential case will not be available on the CourtView Public Access Website. Still, peace officers may access active and expired protective orders through the Alaska Public Safety Information Network (APSIN).

How To File A Restraining Order In Alaska

Filing a restraining order in Alaska follows a step-by-step legal workflow that petitioners must follow:

• Identify the Correct Order Category: The petitioner must first determine the type of Protection Order that best suits their situation and obtain the corresponding required form(s).
• Complete the Required Forms: After acquiring the relevant forms (such as the DV-100 for domestic violence and the ST-100 for stalking or sexual assault), petitioners must fill out the appropriate paperwork, which is available at the courthouse or online through the Alaska Court System or the Alaska Judicial Council.
• File at the Appropriate Court Division: Once the forms are completed, the petitioner or their legal representative must file them with the District or Superior Court in the judicial district where the petitioner or respondent lives, or where the alleged incident occurred.
• Prepare for Court Hearing: After the court receives the petition submission, it will schedule a hearing, during which both parties will be allowed to present evidence and testimony.
• Request a Temporary (Ex Parte) Order: If immediate protection is needed, the petitioner may request a temporary ex parte order at the time of filing. If the court finds reasonable cause under AS 18.66.110 or AS 18.65.855, a temporary order may be granted the same day, offering short-term relief until the full hearing.
• Arrange for Personal Service on the Respondent: The respondent must be personally served with copies of the petition, temporary order issued (if any), and the hearing notice. Service must typically be done by law enforcement or a licensed process server (Alaska Civil Rule 4).

Can You File A Restraining Order For No Reason In Alaska?

No, Alaska courts will not grant a protective order simply because a petitioner requests one. Instead, courts require specific, factual support (reasonable proof that the petitioner experienced an act of abuse, or will likely experience such without the court's intervention) before granting a restraining order. Legally, the evidence threshold is referred to as "reasonable proof" (AS 18.66.100(a) and AS 18.65.850(a)).

What Proof Do You Need For A Restraining Order In Alaska?

To support a petition for a restraining order in Alaska, the petitioner must present credible evidence that demonstrates the respondent carried out an act against them, such as domestic violence, stalking, or sexual assault, under Alaska law. As is the case with all civil protective order petitions, this evidence is judged under the "preponderance of the evidence" standard (A.S § 18.66.100(b)), (A.S § 18.65.860(b), meaning that it must be more likely than not that the respondent engaged in the conduct alleged. The court accepts a wide range of evidence types, including:

• Police Reports documenting past incidents.
• Threatening, harassing, or abusive communications such as text messages and emails
• Medical records showing injuries or treatment related to the alleged abuse.
• Photographs or images showing physical harm, property damage, or other relevant visual proof.
• Eyewitness sworn statements
• Written or audio threats (notes, letters, or audio recordings) that show intent to harm, intimidate, or harass
• Affidavits from the petitioner

How Long Does It Take To Get A Restraining Order In Alaska?

In Alaska, the time it takes to obtain a restraining order varies depending on the situation and the type of protective order requested. Temporary (ex parte) orders can be issued the same day the petition is filed, provided the judge finds reasonable cause under AS 18.66.110 (domestic violence) or AS 18.65.855 (stalking or sexual assault). After a temporary order is granted, the court has 20 days to schedule a full hearing and decide whether to issue a long-term protective order. Sometimes, the hearing may occur sooner, depending on the court's schedule and the speed at which the respondent is served.

Overall, a petitioner may receive an emergency protective order within hours. Still, a final decision on long-term relief typically takes 1 to 3 weeks, depending on the court's schedule and the speed at which the respondent is served.

How Long Does A Restraining Order Last In Alaska?

The validity period of Alaska restraining orders depends on the type of order issued:

• Emergency Protective Orders have a maximum duration of 72 hours (Alaska Stat. § 18.66.110(a)(1))
• Temporary (Ex Parte) Protective Orders are valid for up to 20 days (AS 18.66.110(e), AS 18.65.855(c))
• Long-Term Protective Orders (Final Orders) expire after 5 years, but may be shorter as directed by the court (AS 18.66.100(c), AS 18.65.860(b))

However, a petitioner or their attorney may request renewal of a long-term order before it expires (AS 18.66.120). The court may extend the order if it finds that there is a continued risk or cause.

How Much Does A Restraining Order Cost in Alaska?

In Alaska, restraining orders related to domestic violence, stalking, or sexual assault can be obtained at no cost to the petitioner. Victims of domestic violence, stalking, and sexual assault do not pay filing fees or process service fees for restraining orders under state laws. However, when petitioners request certified copies of the restraining order for personal records or other purposes, they may need to pay certification costs ranging from $3 to $10 each, depending on the court's fee schedule.

A fee waiver may cover these additional costs (such as document certification or mailing) by filing Form TF-920. Courts routinely grant these waivers when the petitioner demonstrates financial hardship.

Can You Cancel A Restraining Order In Alaska?

Yes. In Alaska, either the petitioner (the person who requested the order) or the respondent (the person the order is against) may file a motion to modify or dissolve a restraining order before it expires (AS 18.66.130). The supervising court must approve any changes or termination of the restraining order. To change or cancel a restraining order in Alaska, one must:

1. File a Motion to Modify or Terminate: The requesting party must submit a written motion to the court that issued the protective order. There is no official statewide form, but the motion must include the case number, a clear request to modify or cancel the order, and a brief explanation of the reason for the request. This motion is governed by Alaska Civil Rule 77(g) and should be titled as a "Motion to Modify" or "Motion to Dissolve" the protective order.
2. Notice to the Other Party: Next, the requesting party must provide written notice of the motion to the other side by mail or personal delivery.
3. Court Review and Hearing: The Court may schedule a hearing, or, based on the written request, assess whether there is sufficient cause for modification or termination of the order based on the mutual agreement of both parties.

Afterwards, the court may decide to deny, modify, or terminate the protection order. Any change becomes legally effective only after the judge signs a written order and it is entered on the case docket.