HB 76: "An Act relating to costs and fees for stalking and sexual assault protective orders."
00 HOUSE BILL NO. 76 01 "An Act relating to costs and fees for stalking and sexual assault protective orders." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.65.850(c) is amended to read: 04 (c) A protective order issued under this section may 05 (1) prohibit the respondent from threatening to commit or committing 06 stalking or sexual assault; 07 (2) prohibit the respondent from telephoning, contacting, or otherwise 08 communicating directly or indirectly with the petitioner or a designated household 09 member of the petitioner specifically named by the court; 10 (3) direct the respondent to stay away from the residence, school, or 11 place of employment of the petitioner, or any specified place frequented by the 12 petitioner; however, the court may order the respondent to stay away from the 13 respondent's own residence, school, or place of employment only if the respondent has 14 been provided actual notice of the opportunity to appear and be heard on the petition; 15 (4) order other relief the court determines to be necessary to protect the
01 petitioner or the designated household member; 02 (5) require the respondent to pay costs and fees incurred by the 03 petitioner in bringing the action under AS 18.65.850 - 18.65.870. 04 * Sec. 2. AS 18.65.855 is amended to read: 05 Sec. 18.65.855. Ex parte and emergency protective orders for stalking and 06 sexual assault. (a) A person who reasonably believes that the person is a victim of 07 stalking or sexual assault that is not a crime involving domestic violence may file a 08 petition under AS 18.65.850 and request an ex parte protective order. If the court finds 09 that the petition establishes probable cause that the crime of stalking or sexual assault 10 has occurred, that it is necessary to protect the petitioner from further stalking or 11 sexual assault, and that the petitioner has certified to the court in writing the efforts, if 12 any, that have been made to provide notice to the respondent, the court shall ex parte 13 and without notice to the respondent issue a protective order. An ex parte protective 14 order under this section may grant the protection allowed by AS 18.65.850(c)(1) - (4) 15 [AS 18.65.850(c)]. An ex parte protective order expires 20 days after it is issued 16 unless dissolved earlier by the court at the request of either the petitioner or the 17 respondent after notice and, if requested, a hearing. If the court issues an ex parte 18 protective order, the court shall have the order delivered to the appropriate law 19 enforcement agency for expedited service. 20 (b) A peace officer, on behalf of and with the consent of a victim of stalking 21 or sexual assault that is not a crime involving domestic violence, may request an 22 emergency protective order from a judicial officer. The request may be made orally or 23 in writing based on the sworn statement of a peace officer, and in person or by 24 telephone. If the court finds probable cause to believe that the petitioner is in 25 immediate danger of stalking or sexual assault based on an allegation of the recent 26 commission of stalking or sexual assault, the court ex parte shall issue an emergency 27 protective order. An emergency protective order may grant the protection allowed by 28 AS 18.65.850(c)(1) - (4) [AS 18.65.850(c)]. An emergency protective order expires 72 29 hours after it is issued unless dissolved earlier by the court at the request of the 30 petitioner. A peace officer who obtains an emergency protective order under this 31 section shall
01 (1) place the provisions of an oral order in writing on a form provided 02 by the court and file the written order with the issuing court by the end of the judicial 03 day after the order is issued; 04 (2) provide a copy of the order to the petitioner; and 05 (3) serve a copy of the order on the respondent.