The following blog post is intended to be a step-by-step guide to self-represented parties who need assistance drafting a compelling Petition for Domestic Violence Protective Order ("DVPO") in Alaska.  This blog post is made for educational purposes and is not legal advice.  To follow along, use the Alaska Court form DV-100 located at this link.

Section 1: Type of Order

Request both a 20-day order and a long-term order. You can choose both.  In order to obtain a long-term protective order, you will need to attend a hearing and prove the allegations in your petition.

Section 2: How Are Petitioner and Respondent Related?

Indicate how you are related to the respondent.  These include parties who have been married now or in the past; parties who have a child together; parties who have lived together now or in the past; parties in a dating or sexual relationship; related by marriage; or another familial relationship.  If none of these relationships apply to you, you may need to seek a Stalking Protective Order. 

Section 3: Children in Petitioner's Household

Please select “yes” if there are any children living in your household, even if you are not the parent of those children.

Section 4: Describing the Domestic Violence: 

What Is a Domestic Violence Offense in Alaska?

Domestic violence protective orders are granted when a trial court finds by a preponderance of the evidence that one person committed one of the domestic violence offenses enumerated in AS 18.66.990 against another person. 

These include any crime against the person under AS 11.41.  These include attempted murder; assault; reckless endangerment; stalking; kidnapping; custodial interference; human trafficking; sexual assault; sexual abuse of a minor; incest; enticement of a minor; indecent exposure; robbery; extortion; and coercion. Each hyperlink leads to the statutory definition of each offense. 

AS 18.66.990 also encompasses burglary under AS 11.46.300-11.46.310; criminal trespass under AS 11.46.320 - 11.46.330; arson or criminally negligent burning under AS 11.46.400 - 11.46.430; criminal mischief under AS 11.46.475 - 11.46.486; terrorist threatening under AS 11.56.807 or 11.56.810; violating a protective order under AS 11.56.740(a)(1); harassment under 11.61.120(a)(2) - (4) or (6); or cruelty to animals to animals under AS 11.61.140(a)(5).

If you have experienced violence that is not one of the enumerated offenses in AS 18.66.990, you may still be the victim of a criminal offense.  Report what you experienced to law enforcement.  If you have not experienced an offense enumerated in AS 18.66.990 it is unlikely that you are eligible for a domestic violence protective order.

Writing About Domestic Violence in the Petition

Your petition should include the time, date, and location of each domestic violence offense that the respondent has committed against you.  If there were any other people present to observe the offenses, name them and be prepared to either ask them to testify on your behalf at a long term hearing, or place them under subpoena. (Link to Subpoena to Appear) Judges need these details in order to find sufficient facts to grant your Petition, so be sure to be specific in your Petition.  

If a weapon was involved in any of the incidents you describe, please describe what was used as a weapon in the offense in the space indicated, and how the object was used as a weapon. If someone was injured, describe who was injured, where on their body they were injured, and what caused the injury.

If you are aware of the respondent having committed other acts of domestic violence against you or another person, please state the person's name and any details you know about the incident, including the approximate time, location, and other circumstances.  Be sure to check Courtview to double-check if you don't know whether the respondent has or hasn't committed prior domestic violence offenses.  

If additional space to describe all the details of every offense, be sure to use additional pages to respond to Section 4.

Section 5: Requesting Protection

Check all sections that apply.  If in doubt, always ask to limit the kind of contact that the respondent may have with you.  

If there are any items that belong to you that are in the respondent's possession, be sure to fill out subsection g to describe the property so that law enforcement can help you recover that property. 

In subsection j, you may ask the court to order the respondent to pay for you to hire an attorney. The court may or may not grant this request; however, if you prevail at a contested long-term hearing, the respondent may be responsible for your attorney's fees if you request such an order from the court within the appropriate timeframe.

Section 6: Long-Term Protections 

In the event that your long-term protective order is granted, you may request additional protections.  These include a request that the respondent not possess any deadly weapons; that the respondent pay your costs of filing the Petition, that the respondent pay for other expenses including the cost of replacing or repairing property they damaged, the cost of counseling, the cost of shelter, medical expenses, and your attorney's fees.

In subsection e, you can indicate whether you wish for the respondent to enroll in rehabilitative programs at their expense.  These programs are only effective when people are ready to change.  Your abuser's rehabilitation is not your responsibility.  However, failure to comply with all parts of a domestic violence protective order may be grounds for extending a long-term DVPO or other penalties.

Section 7: Children

You may request temporary custody of children you may have with the respondent in this section, so long as your children have lived in Alaska during the past six months.  In subsection b, you may indicate what level of visitation, if any, the respondent may have with your children.  This may be 1) strictly telephonic or by videoconference; 2) supervised by a neutral third party paid for by the respondent; 3) supervised by a trusted family member.  Please consider where you want the visitation to take place: you may request that any in-person visitation take place in a public location. 

Section 8: Other Cases

The Petition requests that you include any open domestic violence criminal cases or open civil court cases that involve either the Petitioner or Respondent, in Alaska or elsewhere. Information about the parties' involvement in court cases is available on Courtview by searching for the Petitioner and Respondent's full legal name.

You should also involve all other cases involving the Respondent in subsection (b).

Section 9: Assistance from Law Enforcement

Involving the police can be intimidating, but it will likely be necessary even if you choose not to report the domestic violence offense to law enforcement.  This section directs law enforcement to help you take possession of your home, your vehicle, your personal items; and to take custody of your children.

Section 10: Information About Respondent

Be as descriptive as you can in this section in order to ensure that the Respondent can be identified and served as quickly as possible.

Section 11:  Information About Petitioner

This portion will help the court reach out to you in a way that is safe and not monitored by the Respondent.

Signature

Don't sign the Petition just yet! Bring it to the courthouse with a valid photo ID, and a court clerk will witness your signature.  If you do not have an ID, print Alaska Court form TF-835 and bring it with you. 

Next Steps

If your Petition has alleged that a domestic violence offense was perpetrated against you, a short-term order will likely be granted.  These orders usually last twenty days, unless the Respondent requests a continuance; in which case, these orders will last until a long-term hearing can take place.  At this long-term hearing, parties will present evidence regarding their claims and defenses.  Keep the following tips in mind:

• Be sure to call as witnesses any person who personally witnessed any of the offenses in your Petition. 
• Report any times the Respondent violates the short term DVPO to law enforcement, and present evidence of these violations at your long-term hearing. Don't initiate contact with the Respondent.  For more information, visit our blog post: What to Do If a Domestic Violence Protective Order is Violated
• Stay safe. It is not your responsibility to help the Respondent rehabilitate themselves, to witness their progress, or give them another chance.