Enrolled HB 12: Relating to protective orders.
00Enrolled HB 12 01 Relating to protective orders. 02 _______________ 03 * Section 1. AS 18.65.850(b) is amended to read: 04 (b) When a petition for a protective order is filed, the court shall schedule a 05 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 06 respondent's right to appear and be heard, either in person or through an attorney. If 07 the court finds by a preponderance of evidence that the respondent has committed 08 stalking or sexual assault against the petitioner, regardless of whether the respondent 09 appears at the hearing, the court may order any relief available under (c) of this 10 section. The provisions of a protective order issued under this section are effective for 11 one year [SIX MONTHS] unless earlier dissolved by the court. 12 * Sec. 2. AS 18.65.850(e) is amended to read: 13 (e) A court may not deny a petition for a protective order solely because 14 (1) there is [OF] a lapse of time between an act of sexual assault and 15 the filing of the petition;
01 (2) the stalking or act of sexual assault was the basis for a previous 02 protective order; or 03 (3) a court previously found that the petitioner was a victim of 04 stalking or sexual assault but declined to order relief under this section, if the 05 petition alleges a change in circumstances since the court's previous finding. 06 * Sec. 3. AS 18.65.850 is amended by adding a new subsection to read: 07 (f) Within 30 days before, or within 60 days after, the expiration of a 08 protective order issued or extended under this section, a petitioner may petition the 09 court for an extension of the protective order. The court shall schedule a hearing and 10 provide at least 10 days' notice to the respondent of the hearing and of the respondent's 11 right to appear and be heard, either in person or through an attorney. If the court finds 12 that an extension of the provisions of the order is necessary to protect the petitioner 13 from stalking or sexual assault, regardless of whether the respondent appears at the 14 hearing, the court may extend the provisions of the order. An extension granted under 15 this subsection is effective for one year unless earlier dissolved by court order. If the 16 court grants an extension before the protective order expires, the extension takes effect 17 on the day the protective order would have expired. 18 * Sec. 4. AS 18.66.100(e) is amended to read: 19 (e) A court may not deny a petition for a protective order under this section 20 solely because 21 (1) there is [OF] a lapse of time between an act of domestic violence 22 and the filing of the petition; 23 (2) the act of domestic violence was the basis for a previous 24 protective order; or 25 (3) a court previously found that the incident was a crime of 26 domestic violence committed against the petitioner but declined to order relief 27 under this section, if the petition alleges a change in circumstances since the 28 court's previous finding. 29 * Sec. 5. AS 18.66.100 is amended by adding a new subsection to read: 30 (f) Within 30 days before, or within 60 days after, the expiration of a 31 protective order issued or extended under (b)(2) of this section, a petitioner may
01 petition the court for an extension of the protective order. The court shall schedule a 02 hearing and provide at least 10 days' notice to the respondent of the hearing and of the 03 respondent's right to appear and be heard, either in person or through an attorney. If 04 the court finds that an extension of the provisions of the order is necessary to protect 05 the petitioner from domestic violence, regardless of whether the respondent appears at 06 the hearing, the court may extend the provisions of the order. An extension granted 07 under this subsection is effective for one year unless earlier dissolved by court order. 08 If the court grants an extension before the protective order expires, the extension takes 09 effect on the day the protective order would have expired. 10 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. AS 18.65.850(e), as amended by sec. 2 of this Act, 13 AS 18.65.850(f), enacted by sec. 3 of this Act, AS 18.66.100(e), as amended by sec. 4 of this 14 Act, and AS 18.66.100(f), enacted by sec. 5 of this Act, apply to protective orders issued 15 before, on, or after the effective date of secs. 2 - 5 of this Act.