Page 1 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
FIRST THINGS FIRST
Do you need to report a crime to the police? If you need to report a crime, contact the police or
the Alaska State Troopers directly and tell them what happene d. If you are in immediate d anger, call
911 . Ask ing for a domestic violence protective order is not the same as reporting a crime of
domestic violence to the police. You have the right to make a police report at any time, no matter
how much time has passed since the crime happened.
Do you need help staying safe? There are many resources available on line , at the library, and at
your local domestic violence and sexual assault victim advocacy offices to help you develop a safety
plan and parenting plan. For more information, see the court clerk or go online to:
http://www.andvsa.org/statewide -resources/ .
Do you need help filling out the forms? Ask the court clerk for help filling out forms, or contact the
free Family Law Sel f-Help Center in Anchorage at (907) 264 -0851, or elsewhere in Alaska (toll -free )
at (866) 279 -0851. Servicios en español: lunes a jueves 9:00 a .m. hasta 6:00 p .m.
Online : www.state.ak.us/courts/s elfhelp.htm .
Do you need a language interpreter for your hearing? If you need a language interpreter during
your hearing, tell the court clerk when you file your petition. Please do not wait until your hearing to
make your request. Si usted necesita un intérprete de su idioma para la audiencia, digale al
empleado de la corte cuando usted presente su petición y confirme la información antes de que la
audiencia empiece.
Introduction
If somebody you have a relationship with commit s domestic violence agai nst you or against another
member of your household, you can ask the court for a protective order to make the violent person
stay away and not contact you . Your request is called a “petition .”
Please read th ese instructions before you start filling out the petition. A court clerk can help you fill
out the form but cannot give you legal advice . There is no fee for filing the petition.
Where to find the petition form
If you have access to the Internet, you can fill out the petition online, print it out , and bring it to the
courthouse nearest you. You can fill out the petition online using the PETITION WIZARD or using
the regular PDF fillable form. The PETITION WIZARD is an ea sy guide that will fill out the forms for
you depending on your answers to a series of questions.
1. The PETITION WIZARD is available online at: https://akcipowizard.truefiling.com/
2. The regular petition form is online at: http://www.courts.alaska.gov/forms/index.htm#dv .
3. You can also get the pa per form from any court customer service office and fill it out there .
If you are filling out the form by hand, please p rint clearly, using black ink if possible .
Page 2 of 10
AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12/16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER Who
m do you want to protect ?
Before you begin, decide whom you want to protect. These are your options: yourself only, or
yourself and your children, 1
or
your children 2
only and not also yourself.
If you use the
PETITION WIZARD , the wizard will figure out what forms you need
depending on your answers to some simple questions. You do not need to decide which of the regular forms to use.
If you use the regular petition form, you need to decide whether to use the
DV-100 or DV-100M.
Use the DV-100 form if you want to protect:
yourself only, or
just one of your children only; or
both yourself and your children. 3
Use the
DV-100M form if you want to protect at least 2 of your children 4
and not also yourself. If you have questions about which form to use, you can ask the court clerk. Or, you can skip this
section and use the
PETITION WIZARD instead.
Who
are the petitioner and the respondent?
1. If you
use the PETITION WIZARD, you do not need to remember what the words “petitioner ”
and “respondent ” mean. The wizard remember s this for you by using everybody’s first name
in the questions. (For example, if the respondent’s name is “Morgan Watson,” then the
PETITION WIZARD will ask y ou questions about Morgan.) 2.
If you use the regular form, i n the space for “petitioner,” write the name and birth date of the
person you believe need s
protection. Check the box for the petitioner’s gender (M is for male,
F is for female). If the petitioner (protected person) is a child, you must also write your name if
you are signing the petition for your child , your date of birth, and the relationship between
yourself and the petitioner. In the space for “
respondent,” write the name of the person you believe the petitioner needs
protection from (restrained person). Check the box for the respondent’s gender (M is for male,
F is for female). Write the respondent’s date of birth in the space provided. If the respondent is
a minor (less than 18 years old), you must also write the name of the respondent’s parent,
guardian, or other person who is legally responsible for the respondent (if you know who that
is). Leave the "Case N o.” line blank. This will be assigned by the court clerk. In
rare situations, you may request protective orders for more than one petitioner using form DV
-100- M. Refer to the
question above (“Whom do you want to protect?”) to select the petition form that is right for you. The
DV-100-M form has enough space for you to write in the
name, birth date, and relationship for up to 5 people needing protection. In the space for
“ respondent ,” write the name of the person you believe the petitioners need protection from
(restrained person) . Write the respondent’s date of birth in the space provided. If the
respondent is a minor (less than 18 years old) , also write the name of the respondent’s parent,
guardian, or other person who is legally responsible for the respondent (if you know who that
is). Leave the " Case No” lines
blank. These will be assigned by the court clerk. 1
Or wards.
2
Or wards.
3
Or wards.
4
Or wards.
Page 3 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
How long do you need protection for?
The type of protective order you ask for will depend on how soon and how long you need protection.
You can ask for a short -ter m order for the next 20 days, or a long -term order for 1 year, or both .
Short -Term Order ( 20 Day s). This is also called a “20 -day order” and an “ex parte order.” The
court can grant a 20 -day order without first giving the respondent notice of your requ est or an
opportunity to contest it. The order will be effective for 20 days unless the court dissolves or
modifies it sooner. If you ask for a 20 -day order , you must also check one of the two boxes
indented after it, explaining any efforts you made to n otify the respondent that you are
requesting a protective order.
Long -Term Order (One Year) . This is also called a “one -year order.” A long -term order can
only be granted after the respondent is given notice of your request and an opportunity to
contest it at a court hearing. The respondent must receive notice of the hearing at least 10
days before the hearing. Most provisions in a long -term order will last for one year. But the
requirement that the respondent not commit domestic violence will last inde finitely, until the
court terminates it.
Both a Short -Term and a Long -Term Order . If you want both the immediate protection of a 20 -
day order and the longer protection of a long -term (one year) order, check both boxes.
How are the pe titioner and responde nt related?
Both the PETITION WIZARD and the regular petition form ask you to describe the relationship
between the petitioner and respondent (the “parties”) . In order to get a protective order, the pe rson
you call the respondent must be a “household member” as defined in the law (Alaska Statute
18.66.990(5) ). The definition of “household member” includes a wide variety of relationships.
Check every box that describes how the petitioner (protected pe rson) and respondent (restrained
person) are related.
What if your relationship with the respondent is not listed?
If you are using the PETITION WIZARD , and select “None of the above” it will guide you through
a Stalking or Sexual Assault Petition (CIV -752 ) instead of the DV forms . If you are using the
regular petition form, and there is no check box that matches your relat ionship with the
respondent, you may need to use the Stalking or Sexual Assault Petition (CIV -752 ) instead of
the DV forms . This may be the case if you need protection from a frie nd, student at the same
school, neighbor, co -worker, landlord, tenant, or someone you not know. Ask the court clerk for
the Stalking or Sexual Assault Packet .
Are there children in the household?
If you are using the regular petition form, check the “y es” box in section 3 if any children live with the
petitioner, whether or not they are the petitioner’s children.
Page 4 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
Describe the domestic violence
If you are using the PETITION WIZARD , follow the guid e and describe the domestic violence . If you
are using the regular petition form, answer each question under paragraph 4.
W hether you are using the wizard or the regular form, e xplain what the respondent did to you and/or
other members of your househol d, when and where it happened, whether children were involved,
whether there were weapons used or available at the time, and whether there were any injuries.
Be as direct as possible when describing what happened. The judge needs a clear picture of the
event that brought you to court today as well as any times in the past when the respondent hurt you,
your children, other members of your household , or your pets ; or damaged your property. To get a
protective order, you must show the court that the responde nt committed or tried to commit a "crime
involving domestic violence .”5 A list of crimes involving domestic violence appears at the end of
these instructions. For example, you might write the following:
On July 7 th in the late afternoon, Morgan came in to the kitchen, grabbed my arms,
and pulled me into the living room. Morgan shoved me onto the couch and called me
a bitch and started to hit me. Then Morgan used closed fists , and hit me in the eye
and the mouth. Our four -year -old daughter was in the ro om and yelled at Morgan to
stop. There was no weapon involved .
The PETITION WIZARD will let you use as much space as necessary to describe the violence. If
you are using the regular form and you need more pages to describe everything, then use blank
sheets and attach them to your petition.
In addition, you should let the judge know about other times the respondent committed domestic
violence against you, your children , or other people (for example, p revious relationships you may
know about when the respondent was violent).
What protections do you want from the judge?
Whether you are using the PETITION WIZARD or the regular petition form, check the boxes and fill
in the blanks for all the protections you want the judge to include in your protective order (s).
Some protections can be included in both a 20 -day and 1 -year order. Other protections can only be
included on a 1 -year order and only after the respondent is given notice and an opportunity to be
heard.
5 “Crimes invo lving domestic violence” are defined in Alaska Statute 18.66.990(3); the statute is
reprinted at the end of this document.
Page 5 of 10
AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12/16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER Do you want temporary child custody?
Skip this section if you are
not asking for temporary child custody or child support. Read this section if you are asking for temporary child custody or support while the protective order is in effect.
If you are using the
PETITION WIZARD , answer the questions about child custody or child support
you want from the judge. If you are using the regular form, then fill out section 7.
List the children and fill in the other information about them. Most of this information is necessary in
order for the court to be sure it has the power to make decisions about custody.
The court may allow the respondent to have visitation with the children while you have custody of
them as long as your safety and the safety of the children can be protected. In the space provided
on the form, describe any safety concerns you have and tell the court what visitation schedule would
work, if any, and where safe exchanges of the children can take place. For some examples of
visitation conditions the court can set, see Alaska Statute 25.20.061 reprinted at the end of these
instructions.
If there is already a court order about payment of child support, skip the child support section
. If
there is no court order about child support, and you want to ask the court to order the respondent to
pay child support, fill in this section. Important:
The information in this secti on should be enough for the court to make a decision
about temporary child support in the 20-day order. But if you want to ask for child support for
a long-term order, you need to fill out form DV-101 (Child Support Information) or DR-305
(
Child Support Guidelines Affidavit) , and either bring it to the court hearing on the long-term
order or file it with the court before that hearing. Both forms are available online at the Court
System’s website at http://www.courts.alaska.gov/forms/index.htm#dv . You must also bring
proof of your income and the
respondent’s income to the long -term hearing. This includes
documents such as paystubs, tax returns, W2 forms, and 1099 forms. Even if you have not
filled out the DV-101 or DR-305 form, bring proof of income to the hearing anyway. The
respondent will also have to fill out a DR-305 form. Are there other cases?
1.
You must list open court cases involving either you or the respondent, including:
Open civil cases such as divorces, dissolutions, and child custody cases; and
Open domestic violence criminal cases. A criminal case is a case brought against a
person by a government (local, state, or federal) charging the person with a crime. See
the list of domestic violence crimes in Alaska Statute 18.66.990(3). 2.
You must also list all other open and closed cases that you know about which involve the respondent. This would include, for example, previous criminal charges or convictions.
Do you need help from
law enforcement?
If the judge decides that you should get temporary possession of a house , vehicle, or personal items
(such as pets), the judge can order the police or troopers to help you get those things. The judge can
also order law enforcement to help you get temporary custody of your minor children. Check all the
boxes that apply to your situation.
Page 6 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
Information about the respondent
This is one of the most important parts of your petition . Fill in as much of this information about the
respondent as you know. It will help the police or troopers find the respondent and serve the
paperwork. It will also help the police enforce the order if it is granted. In addition, the court needs
the respondent's mailing address and telephone numbers in order to send paperwork t o the
respondent and notify the respondent about hearings.
Information about the petition er
If possible, fill in an address where the co urt can send paperwork to you. Do not fill in the actual
physical address where you are staying if you think it might be dangerous for the respondent
to know where you are. Instead, give a message address (fo r example, a friend's address) where
you can be sure you will quickly receive any papers the court sends to you.
The court also needs a phone number where you can be reached or where messages can be left for
you. List a number that is safe for the respond ent to know (because the respondent will most likely
get a copy of your petition) . It is mandatory that you provide a message phone number where the
court clerk can reach you.
If you have no phone number or address that can be safely revealed to the respo ndent, ask the clerk
how you can provide the information so that it will be kept confidential and not revealed to the
respondent. (If you are using the PETITION WIZARD , the completed forms will not lis t information
you designate as confidential.)
Your signature
Your signature on the petition must be notarized because you are making your statements under
oath. The court clerk will notarize your petition free of charge.
Other paperwork
If you are using the PETITION WIZARD , you may skip this section. If you are using the regular
petition form, y ou must fill out two more forms so the court's order and other paperwork can be
delivered to (served on) the respondent by a peace officer. These forms are available from the court
clerk’s office or online at : http://www.courts.alaska.gov/forms/index.htm#dv .
1. DV -125 , Request for Service of Domestic Violence Documents
Fill in your name and the respondent's name. The clerk will fill in the rest.
2. DV -127 , Law Enforcement Information Sheet
Fill in everything on this form. This is a confidential document that will be given to the police
or troopers to help them serve court orders on the respondent and then enforce those orders.
Pursuant to Civi l Rule 65.1, access to this form will be limited to the petitioner and court staff .
The police need this information in order to find the respondent and to be as safe as possible
when they contact the respondent. Please provide as much information as you can on this
form. If the police cannot locate the respondent, they cannot serve the order.
The police also need to be able to contact you.
Page 7 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
The Alaska State Troopers will assist you in getting your order served on the respondent if he
or she is living ou tside of Alaska. There is no fee for this. You may also serve the order
through a private process server or by certified mail .
Court hearings
The court will set a date for a hearing on your request for a long -term order (if you asked for a long -
term order ). The respondent must be notified of your request and have a chance to appear at the
hearing. You may ask the court to let you to participate in the hearings by telephone rather than in
person (for example, if you have reason to be afraid of being in th e same room with the respondent).
You have the right to request a n audio tape or CD of the proceedings that took place at the 20 -day
ex parte hearing. Ask the court clerk t o assist you with this request.
If you need a language interpreter for the hearin g, tell the clerk when you file the petition and ask the
court before the hearing begins. Si usted necesita un intérprete de su idioma para la audiencia,
digale al empleado de la corte cuando usted presente su petición y confirme la información antes de
qu e la audiencia empiece.
Do you want to change or end a protective order?
After the court issues the protective order you can ask the court to change (modify) or end (dissolve)
the order. Use form DV -135 , Request to Modify or Dissolve Protective Order, available at the clerk's
office or online at http://www.courts.alaska.gov/forms/index.htm#dv .
For example, if you want to increase the types of contact allowed, you do not need to ask the court
to dissolve the order , you can ask the court to modify the order by adding the new type of contact
(such as texting or emailing) .
If you need additional orders to protect you or your children, you can use the same form ( DV -135 ) to
ask the court to add more orders.
Before deciding whether or not to grant your request to change or end the protective o rder , the court
will hold a hearing at which both you and the respondent must be given an opportunity to appear and
participate.
Page 8 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
Alaska Statutes
The following are key Alaska statutes referred to in these instructions.
Alaska Statute (AS) 18.66.990. De finitions
(3) "domestic violence" and "crime involving domestic violence" mean one or more of the following
offenses or an offense under a law or ordinance of another jurisdiction having elements similar
to these offenses, or an attempt to commit the offen se, by a household member against
another household member:
(A) a crime against the person under AS 11.41;
(B) burglary under AS 11.46.300 - 11.46.310;
(C) criminal trespass under AS 11.46.320 - 11.46.330;
(D) arson or criminally negligent burning under AS 11.46.400 - 11.46.430;
(E) criminal mischief under AS 11.46.475 - 11.46.486;
(F) terroristic threatening under AS 11.56.807 or 11.56.810;
(G) violating a protective order under AS 11.56.740(a)(1);
(H) harassment under AS 11.61.120(a)(2) - (4); or
(I) cru elty to animals under AS 11.61.140(a)(5) if the animal is a pet.
(5) "household member" includes :
(A) adults or minors who are current or former spouses;
(B) adults or minors who live together or who have lived together;
(C) adults or minors who are dating or who have dated;
(D) adults or minors who are engaged in or who have engaged in a sexual relationship;
(E) adults or minors who are related to each other up to the fourth degree of consanguinity,
whether of the whole of half blood or by adoption, comput ed under the rules of civil law; 6
(F) adults or minors who are related or formerly related by marriage;
(G) persons who have a child of the relationship; and
(H) minor children of a person in a relationship that is described in (A) - (G) of this
paragraph[ .]
Alaska Statute 25.20.061. Visitation in Proceedings Involving Domestic Violence.
If visitation is awarded to a parent who has committed a crime involving domestic violence, against
the other parent or a child of the two parents, within the five years preceding the award of visitation,
the court may set conditions for the visitation, including
(1) the transfer of the child for visitation must occur in a protected setting;
(2) visitation shall be supervised by another person or agency and under specified conditions as
ordered by the court;
(3) the perpetrator shall attend and complete, to the satisfaction of the court, a program for the
rehabilitation of perpetrators of domestic violence that meets the standards set by the
Department of Corrections under AS 44.28.020(b), or other counseling; the perpetrator shall
be required to pay the costs of the program or other counseling;
(4) the perpetrator shall abstain from possession or consumption of alcohol or controlled
substances during the visitation and for 24 hours before visitation;
(5) the perpetrator shall pay costs of supervised visitation as set by the court;
(6) the prohibition of overnight visitation;
(7) the perpetrator shall post a bond to the court for the return and safety of the child; and
(8) an y other condition necessary for the safety of the child, the other parent, or other household
member.
6 This i ncludes parents; children ; grandchildren ; great grandchildren ; great, great grandchildren;
grandparents ; great grandparents ; great, great grandparents; brothers and sisters; nephews ; grand
nephews ; nieces ; grand nieces; uncles ; aunts ; great uncles ; great aunts ; and first cousins .
Page 9 of 10 AS 18.66.100 - .990
DV -150 (cs)(duplex)(no hole punch)( 12 /16) Civil Rule 65.1
HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
CRIMES INVOLVING DOMESTIC VIOLENCE
To qualify as a domestic violence crime:
a. a crime must be committed or attempted; and
b. by one household member against another household member (see the previous page
about the meaning of "household member"); and
c. must be one of the crimes listed in the Alaska statute, or a violation of a similar law of
another jurisdiction (another city or state).
The followi ng are some examples of crimes that qualify:
Assault is when one person physically harms another person, or when one person threatens to
physically harm another person and could immediately carry out the threat. NOTE: You may be able
to get a protective or der even if the person the petitioner needs protection from has not physically hit
the petitioner. 7
Burglary is when someone enters or remains unlawfully in a building planning to commit a crime in
the building.
Criminal mischief is when one person purp osefully damages another person’s property.
Criminal trespass is when someone enters or remains unlawfully on land, in a home, or in a
vehicle.
Cruelty to pet is when someone knowingly kills or injures an animal that is a pet, with the intent to
intimida te, threaten, or terrorize another person. (See AS 11.61.140(a) for more information .)
Custodial interference is when a family member takes or keeps a child without any legal right to do
so, and intends to keep the child from the lawful guardian for an e xtended period of time. An
example is when a parent leaves the state with a child without providing any contact information and
without the other parent’s knowledge. It is NOT custodial interference when a parent fails to return
the child at the agreed -upo n time.
Extortion and coercion are crimes that are commonly called “blackmail.” They involve someone
causing or threatening physical injury, or other types of harm to get another person’s property or to
make another person do something they do not want to do. An example is someone threatening to
beat you up unless you have sex with them.
Harassment is when someone :
- calls on the phone and will not hang -up so another person cannot make or receive calls;
- makes repeated telephone calls at extremely inconveni ent hours; or
- makes a call or electronic communication that is anonymous or obscene, or threatens physical
injury or sexual contact.
Kidnapping is when a person holds another person against their will. Usually, it also means the
person is planning to phy sically or sexually assault the other person, or creates a significant risk that
the person will seriously injure the other person.
7 See Alaska Statute 18.66.990(3) .
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HOW TO GET A DOMESTIC VIOLENCE PROTECTIVE ORDER
(CRIMES INVOLVING DOMESTIC VIOLENCE CONTINUED )
Reckless endangerment is when a person’s actions create a high risk of ser ious physical injury to
another person. An example is when you are driving down the highway and the passenger grabs the
steering wheel, trying to force you off the road.
Robbery is when a person uses force to take property that another person is carrying.
Sexual crimes include all forms of sexual assault, incest, and rape. Sexual crimes can occur even
if the parties are married.
Stalking is when someone repeatedly contacts or follows another person against their will, and
anyone in a similar situation w ould believe they are at risk of physical injury or death.
Terroristic threatening is when someone makes a false report of a life -threatening situation that
places another person in fear of physical injury.
Violating a protective order is when a person w ho has a protective order against them does
something that violates part of the protective order.
What if the crime committed against me or my minor child is not listed above? The following
may not be domestic violence crimes for purposes of getting a pro tective order, unless they are part
of one of the crimes listed above, and you may need to seek relief a different way:
- Theft
- Forgery
- Drug or alcohol abuse
- Child neglect
- Violation of court orders (except protective orders), including custody, vis itation and support
orders (unless the violation amounts to custodial interference )
- Slander
- Threats to file a lawsuit, or to make reports to the police or other governmental agencies
