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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 65. Police Protection
- Section 850. Protective Orders For Stalking and Sexual Assault.
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Section 855. Ex Parte and Emergency Protective Orders For Stalking and Sexual Assault.
AS 18.65.850. Protective Orders For Stalking and Sexual Assault.
- (a) A person who reasonably believes that the person is a victim of stalking or sexual assault that is not a
crime involving domestic violence may file a petition in the district or superior court for a protective order against a respondent who
is alleged to have committed the stalking or sexual assault. A parent or guardian may file a petition on behalf of a 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 through an
attorney. If the court finds by a preponderance of evidence that the respondent has committed stalking or sexual assault 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 this section are effective for six months unless earlier dissolved by the
court.
- (c) A protective order issued under this section may
- (1) prohibit the respondent from threatening to commit or committing stalking or sexual assault;
- (2) prohibit the respondent from telephoning, contacting, or otherwise communicating directly or indirectly with
the petitioner or a designated household member of the petitioner specifically named by the court;
- (3) 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; however, the court may order the respondent to stay away from the
respondent's own residence, school, or place of employment only if the respondent has been provided actual notice of
the opportunity to appear and be heard on the petition;
- (4) order other relief the court determines to be necessary to protect the petitioner or the designated household member.
- (d) If the court issues a protective order under this section, the court 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.
- (e) A court may not deny a petition for a protective order solely because of a lapse of time between an act of
sexual assault and the filing of the petition.
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