txt

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.