SB 211: "An Act relating to domestic violence protective orders."
00 SENATE BILL NO. 211 01 "An Act relating to domestic violence protective orders." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.66.100(c) is amended to read: 04 (c) A protective order under this section may 05 (1) prohibit the respondent from threatening to commit or committing 06 domestic violence, stalking, or harassment; 07 (2) prohibit the respondent from telephoning, contacting, or otherwise 08 communicating directly or indirectly with the petitioner; 09 (3) remove and exclude the respondent from the residence of the 10 petitioner, regardless of ownership of the residence; 11 (4) direct the respondent to stay away from the residence, school, or 12 place of employment of the petitioner or, if notice and hearing procedures specified 13 under (f) of this section are met, to stay away from any specified place frequented 14 by the petitioner or any designated household member; 15 (5) prohibit the respondent from entering a propelled vehicle in the
01 possession of or occupied by the petitioner; 02 (6) prohibit the respondent from using or possessing a deadly weapon 03 if the court finds the respondent was in the actual possession of or used a weapon 04 during the commission of domestic violence; 05 (7) direct the respondent to surrender any firearm owned or possessed 06 by the respondent if the court finds that the respondent was in the actual possession of 07 or used a firearm during the commission of the domestic violence; 08 (8) request a peace officer to accompany the petitioner to the 09 petitioner's residence to ensure that the petitioner 10 (A) safely obtains possession of the petitioner's residence, 11 vehicle, or personal items; and 12 (B) is able to safely remove a vehicle or personal items from 13 the petitioner's residence; 14 (9) award temporary custody of a minor child to the petitioner and may 15 arrange for visitation with a minor child if the safety of the child and the petitioner can 16 be protected; if visitation is allowed, the court may order visitation under the 17 conditions provided in AS 25.20.061; 18 (10) give the petitioner possession and use of a vehicle and other 19 essential personal items, regardless of ownership of the items; 20 (11) prohibit the respondent from consuming controlled substances; 21 (12) require the respondent to pay support for the petitioner or a minor 22 child in the care of the petitioner if there is an independent legal obligation of the 23 respondent to support the petitioner or child; 24 (13) require the respondent to reimburse the petitioner or other person 25 for expenses associated with the domestic violence, including medical expenses, 26 counseling, shelter, and repair or replacement of damaged property; 27 (14) require the respondent to pay costs and fees incurred by the 28 petitioner in bringing the action under this chapter; 29 (15) order the respondent, at the respondent's expense, to participate in 30 (A) a program for the rehabilitation of perpetrators of domestic violence that meets the 31 standards set by, and that is approved by, the Department of Corrections under
01 AS 44.28.020(b), or (B) treatment for the abuse of alcohol or controlled substances, or 02 both; a protective order under this section may not require a respondent to participate 03 in a program for the rehabilitation of perpetrators of domestic violence unless the 04 program meets the standards set by, and that is approved by, the Department of 05 Corrections under AS 44.28.020(b); 06 (16) order other relief the court determines necessary to protect the 07 petitioner or any household member. 08 * Sec. 2. AS 18.66.100 is amended by adding a new subsection to read: 09 (f) Before a court may direct the respondent to stay away from any specified 10 place frequented by the petitioner or other designated household member under (c)(4) 11 of this section, the petitioner shall provide at least 3 days' notice to the owner of the 12 specified place of the date and time of the hearing on the petition for the protective 13 order. The court shall consider relevant evidence offered by the owner or the owner's 14 designee on whether the place specified by the respondent should be included in the 15 order.