Domestic violence is a serious issue that affects many individuals and families. If you experience an act of domestic violence, you are not alone.  According to a 2020 Alaska Council on Domestic Violence and Sexual Assault (CDVSA) survey, 30.2% of men in Alaska experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes; 57.7% of the women reported intimate partner violence, sexual violence or both in their lifetimes.

 

When a domestic violence protective order (DVPO) is issued, it provides legal protection and safety for the victim. However, there may be instances where the respondent violates the DVPO, putting the victim at risk. In Alaska, there are steps you can take if you find yourself in this situation. This blog post will guide you through the necessary actions to ensure your safety and seek appropriate legal remedies.  For guidance on how to obtain a DVPO, visit our guide on how to draft the strongest Petition for Domestic Violence Protective Order possible.

 

The first and most crucial step is to prioritize your safety. If you believe the respondent has violated the DVPO and you feel immediate danger, call 911 or your local law enforcement agency. Find a safe place and avoid any contact with the respondent until law enforcement arrives.

 

Vigilance and consistency is important. You may want to install a camera at your front door to help alert you to intruders and document potential violations of the protective order.

 

It's essential to document any violations of the DVPO. Write down the date, time, and details of each incident, including any witnesses present. Take photos, videos, or audio recordings if possible, as they can serve as valuable evidence later.

 

Most domestic violence protective orders prohibit direct or indirect contact by the respondent with the petitioner.  If someone contacts the victim on the respondent's behalf in a manner that violates the DVPO, that may be a violation.

 

Violating a protective order, even slightly is a criminal offense.  Even if the violation is not an emergency situation, law enforcement needs to know about violations of a DVPO in order to prosecute them.  If the violation is not an emergency, you can make a police report in Anchorage by calling 3-1-1.  When you call, provide them with the documented evidence and any additional information that can help support your case, including the names of potential witnesses. You may wish to have an attorney present in person or by phone when you make the police report.  Law enforcement officers will investigate the matter and take appropriate action.  

 

Consult with an attorney who is knowledgeable in domestic violence or family law. They can guide you through the legal process and help you understand your rights and options. An attorney can assist you in filing a motions or seeking a modification of the DVPO to strengthen your protection.

 

Many domestic violence shelters can connect you to resources that can help you continue to be safe. To find a domestic violence shelter near you, use this Directory maintained by the State of Alaska’s Department of Law.

 

Notify the court that issued the DVPO about the violations. Provide them with the documented evidence and any police reports related to the incidents. The court may schedule a hearing to address the violations and take necessary actions to enforce the order.

 

If you feel the need for additional protection, you can request an emergency protective order or seek a temporary restraining order. These measures can provide immediate safeguards while your case is being addressed.

 

It's crucial to attend all court hearings related to the violations of the DVPO. Be prepared to present your evidence and share your concerns with the court. If necessary, bring witnesses who can support your claims.

 

Cooperate fully with law enforcement and prosecutors during their investigation and prosecution of the respondent's violations. Your cooperation can strengthen the case and increase the likelihood of holding the respondent accountable.

 

If a respondent violates a domestic violence protective order in Alaska, it is essential to take swift action to protect yourself and seek legal remedies. Document the violations, notify law enforcement and the court, and consult with an attorney. Remember, your safety is paramount, so do not hesitate to reach out for help and support. In Alaska, there are resources available to assist you in navigating this challenging situation and ensuring your well-being. To work with Shortell Law LLC, please call (907)272-8181 today.