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Alaska statute protective order stalking 18.65.850

Overview

Alaska Statute § 18.65.850 establishes the authority of Alaska courts to issue Stalking Protective Orders (SPOs)—civil orders that prohibit individuals who engage in stalking from contacting or approaching the victim.
This law exists to prevent continued harassment and to provide immediate and long-term safety remedies without requiring the victim to first secure a criminal conviction.
A stalking protective order may be issued ex parte (immediately, without notice to the respondent) when the petitioner demonstrates that stalking occurred and that they are in danger, followed by a noticed hearing for a long-term order.
Orders may restrict communication, approach, residence, workplace access, and weapon possession, and they are enforceable by law enforcement statewide under Alaska Statute § 11.56.740.

The statute’s purpose is preventative: to interrupt stalking patterns early, provide clear boundaries, and reduce escalation toward violence.
It balances two core principles—due process for the respondent and immediate protection for victims—by structuring a two-stage process: a short-term ex parte order followed by a full hearing.
This article provides an in-depth guide to the practical application of § 18.65.850, including who can apply, the forms involved, the evidentiary standard, and a ten-step walkthrough from the first incident to renewal.
All procedures described here are based on Alaska Court System forms (CIV-751 and CIV-752) and official .gov sources.

Who Can Apply

Under AS 18.65.850(a), any person who is the victim of stalking, as defined in AS 11.41.270, may petition the district or superior court for a protective order.
Unlike domestic-violence orders under AS 18.66.100, stalking protective orders apply to situations without an intimate or household relationship.
A parent, guardian, or representative may apply on behalf of a minor or an incapacitated adult.
Petitions are filed on Form CIV-752 and sworn under penalty of perjury.
The court then determines whether reasonable cause exists to believe stalking occurred and whether immediate protection is warranted.

Applications can be filed at any Alaska District or Superior Court where either the petitioner or the respondent resides, or where the stalking occurred.
There are no filing fees, and clerks are required to accept petitions without delay.
Victims may receive procedural help from court clerks or domestic-violence/sexual-assault advocates, though those staff cannot offer legal advice.
Because stalking often involves repeated electronic or physical contact, petitioners should gather documentation before filing—screenshots, emails, call logs, or police reports—which serve as evidence of “repeated non-consensual contact.”

Benefits of a Stalking Protective Order

An order under AS 18.65.850 provides the following benefits:

  • Immediate protection through an ex parte order, generally valid up to 20 days.
  • Comprehensive restrictions on contact, surveillance, and proximity, including digital contact and GPS tracking bans.
  • Law-enforcement enforcement: violations constitute a separate criminal offense under AS 11.56.740.
  • Free filing and service, ensuring access to justice regardless of income.
  • Formal record of stalking behavior usable in criminal, custody, or employment contexts.

Together these features provide both symbolic validation and tangible safety for victims, encouraging early reporting and documentation.

Step-by-Step Process for Obtaining a Stalking Protective Order under AS 18.65.850

Step 1: Determine Whether Your Experience Meets the Legal Definition of Stalking

Under AS 11.41.270, stalking occurs when a person knowingly engages in a course of conduct that recklessly places another in fear of death or physical injury or causes mental distress.
The law requires at least two acts of non-consensual contact.
Examples include being followed, receiving unwanted messages, surveillance through social media or GPS, or indirect contact through third parties.
Before filing, document each incident carefully: date, time, location, witnesses, and evidence.
Include police reports if available.
A single event rarely meets the statutory threshold; a demonstrated pattern does.
This preparation ensures your petition satisfies the “reasonable cause” standard used by judges in ex parte review.

When uncertain whether your case qualifies, consult the Alaska Court System’s Self-Help Center or victim-services agencies such as Alaska Network on Domestic Violence and Sexual Assault (ANDVSA).
If the respondent is a current or former romantic partner or household member, the proper filing may instead be a domestic-violence order under AS 18.66.100.
Choosing the right category avoids jurisdictional delays.
Once you establish that stalking, not domestic violence, applies, move forward with evidence collection and safety planning.
Your notes, screenshots, and corroborating witnesses will form the factual core of your petition and later testimony.

This step’s outcome should be a written timeline that objectively describes the stalking pattern.
Judges value specificity and credibility over emotion.
By anchoring each event to dates and physical or digital proof, you create the evidentiary foundation required by AS 18.65.850 for issuance of a protective order.

Step 2: Obtain and Review Official Court Forms

Visit courts.alaska.gov/forms and download:

  • CIV-751 – Instructions for Requesting a Protective Order Against Stalking or Sexual Assault;
  • CIV-752 – Petition for Stalking Protective Order;
  • Optional: Law-Enforcement Information Sheet for service of process.

These forms implement § 18.65.850’s procedural requirements.
They ask you to identify the respondent, describe incidents, and specify requested relief.
Because the petition is a sworn statement, accuracy is crucial.
Fill in every field; unanswered boxes can delay review.
If you need more space, attach continuation pages labeled “Exhibit A,” “Exhibit B,” etc.
Before submitting, reread the instructions to understand what happens after filing: a judge may issue an ex parte order the same day, and a long-term hearing must be scheduled within 20 days.

If you have safety concerns regarding your address, Alaska law allows you to provide an alternate mailing address.
Clerks can assist with procedural questions but cannot tell you what to write.
Advocates may help you describe stalking incidents factually and organize exhibits.
Ensure each described incident contains enough detail to show repetition and fear, the twin pillars of the stalking definition.
Completing this step thoroughly saves time at both the filing and hearing stages.

Step 3: Draft a Precise and Comprehensive Petition

Your petition must clearly state how the respondent’s conduct meets the statutory criteria.
Begin with a brief summary: “I am requesting a stalking protective order because the respondent repeatedly contacted me online and in person after being told to stop, followed me from work on 8/5 and 8/12, and left threatening notes at my residence.”
Then supply detailed descriptions of each event.
For each: note the date, location, what happened, witnesses, police report numbers, and why it caused fear.
Group incidents logically—by time period or communication channel—so the judge can quickly perceive the pattern.

Explain the relief you seek under § 18.65.850(c): no contact in any form; stay-away zones from home, work, school; prohibition on surveillance; and any firearm restrictions authorized by law.
Avoid exaggeration; precision enhances credibility.
If you include exhibits (texts, photos, logs), label them and refer to them explicitly in your petition.
Because ex parte decisions often occur without testimony, clarity in writing can determine whether you receive immediate protection.

After drafting, review the petition for internal consistency and legibility.
Errors in dates or duplicated incidents may confuse the court.
Sign the petition under oath before the clerk.
This signature invokes Alaska’s perjury statutes, underscoring truthfulness.
Keep a copy; it forms the basis of your testimony at the long-term hearing.

Step 4: File the Petition and Request Ex Parte Relief if Necessary

File the petition with the nearest District or Superior Court.
There is no filing fee for protective orders under Alaska law.
If immediate danger exists, check the box requesting an ex parte order.
The judge may review your petition the same day.
If granted, the ex parte order typically lasts up to 20 days and prohibits the respondent from contact or proximity pending the full hearing.
Even if ex parte relief is denied, the court will still set a noticed hearing within 20 days.

Provide accurate information to facilitate service—addresses, workplaces, and schedules.
Law enforcement, not the petitioner, serves orders at no cost.
Under § 18.65.850(d), a hearing on the long-term order must occur within 20 days after the petition is filed, and both parties receive notice.
Mark the hearing date on your calendar.
Carry a copy of the ex parte order once issued; it becomes effective upon service on the respondent.
Violations of that temporary order are criminal offenses under AS 11.56.740.

If denied ex parte protection, do not view it as a setback.
It simply means the judge wants full testimony before issuing restrictions.
Continue documenting incidents, avoid contact, and prepare evidence for the scheduled hearing.
You may also request assistance from victim-services agencies for safety planning during this interim period.

Step 5: Ensure Prompt Service of Process and Prepare for the Hearing

Service is the act that notifies the respondent of the petition and makes the order enforceable.
In Alaska protective-order cases, law enforcement handles service free of charge.
Provide the clerk with all known contact details for the respondent, including home and work addresses, vehicles, and usual schedules.
If you later learn new information, inform the court immediately so updated attempts can be made.
Once service occurs, the agency files a return of service; verify it appears in your case file.

Because hearings proceed quickly after filing, start organizing evidence immediately.
Compile printed exhibits—emails, texts, photos, social-media screenshots—and label each with the date and brief description.
Identify witnesses who can testify to specific incidents.
Request work or class leave early.
If you require language interpretation or disability accommodation, notify the clerk ahead of time under Alaska Administrative Rule 6.
Plan transportation and arrive early; failure to appear may result in dismissal of your petition.

If the respondent evades service, Alaska courts may allow alternate methods, such as additional attempts or rescheduling.
Stay in contact with the clerk and law-enforcement agency until you receive confirmation of service.
Once the respondent is served, the ex parte order (if any) becomes fully enforceable.
Keep a copy with you and provide one to local police or security staff if you have specified stay-away zones at work or school.

Step 6: Organize Evidence and Prepare Your Testimony for the Long-Term Hearing

Once the respondent has been served, the court must hold a hearing—usually within twenty days—to decide whether to grant a long-term order under AS 18.65.850.
Begin preparing the moment you receive your hearing date. Organize your evidence chronologically and by category (digital messages, in-person incidents, third-party witnesses, police reports).
Each item should directly illustrate one of two statutory elements: (1) repeated non-consensual contact and (2) fear of death or physical injury.
Judges in Alaska rely heavily on clear timelines rather than emotional appeals, so present data and facts in order.

Draft a short written outline of your testimony—essentially your own script.
Begin by stating who you are, how you know the respondent, and that you are requesting protection under AS 18.65.850.
Then, step through each incident: what happened, when, where, how you responded, and how it made you feel.
If the respondent contacted you after being warned to stop, emphasize those facts—they show intent and pattern.
Do not interrupt the judge or argue with the respondent; the court records proceedings and needs a clear record.

Practice answering likely questions: When did the stalking begin? How often did it occur? Did you tell the respondent to stop? Did you block their number or report to police?
Concise answers demonstrate credibility.
If you fear encountering the respondent at court, request a separate waiting area or remote testimony option under Alaska Administrative Rule 45.
Bring two copies of each exhibit—one for the judge and one for the respondent. Label them numerically (Exhibit 1, 2, 3 …).
Finally, coordinate with an advocate or friend for support; they may sit beside you during the hearing if the court permits.

Step 7: Attend the Court Hearing and Present Your Evidence

The hearing is your opportunity to prove stalking by a preponderance of the evidence and to demonstrate why continued protection is necessary.
Arrive early with your documents organized and silence your phone. When your case is called, approach the bench and address the judge as “Your Honor.”
Most hearings begin with the judge confirming names and explaining that each side will testify under oath.
You will testify first, followed by the respondent.
Present your timeline, then submit your exhibits one by one.
Each should tie directly to a specific incident showing repetition or fear.
If you called the police, note report numbers so the court can verify.

Maintain composure even if the respondent denies everything or tries to interrupt.
Judges in protective-order cases are trained to read demeanor and credibility.
Focus on facts: “I received seven text messages after midnight on August 3 from the respondent after I had blocked them.”
Use visual evidence when possible (e.g., printed screenshots).
If the respondent has an attorney, they may cross-examine you; answer calmly and succinctly.
After both sides speak, the judge may issue a decision immediately or within a few days.
If granted, the long-term order is typically valid for up to one year and can include specific prohibitions listed in § 18.65.850(c)(1)-(6).
Read the final order carefully before leaving court.

Step 8: Understand and Implement the Long-Term Order

If the judge grants the order, review every paragraph for accuracy.
A typical long-term order under § 18.65.850 may prohibit the respondent from contacting you directly or indirectly, entering your home, workplace, or school, or owning or possessing firearms.
It may also require law enforcement to escort the respondent when retrieving personal property.
Obtain certified copies from the clerk immediately and store them in safe places—home, vehicle, work desk, and with trusted contacts.
Provide a copy to your local police department and, if applicable, campus security.
Orders are entered into the Alaska Public Safety Information Network (APSIN) for statewide enforcement.

Educate yourself on enforcement mechanisms.
Violations are criminal offenses under AS 11.56.740, punishable by up to one year in jail.
Document every breach immediately and call law enforcement.
If you move to another state, the order remains valid under the federal Violence Against Women Act full-faith-and-credit provision (18 U.S.C. § 2265).
No re-filing is required, but you may file a copy locally for ease of enforcement.
Continue keeping records of contacts and law-enforcement responses for future renewal requests or criminal cases.

Step 9: Respond to Violations and Maintain Ongoing Safety

If the respondent violates any term of the order—texting you, appearing at your home, contacting friends, or tracking you—report it immediately to police.
Provide a copy of the order and describe the incident clearly.
Police can arrest without a warrant if they have probable cause to believe a violation occurred.
Keep a written log of dates, times, and officer names.
For digital breaches, save screenshots and header information before blocking the sender.
If the behavior continues, you can request the district attorney to file criminal charges for violation of a protective order under AS 11.56.740.

Update your safety plan regularly.
Inform neighbors, coworkers, and security personnel of the order so they can call police if the respondent is seen nearby.
Keep emergency contacts programmed and consider using Alaska’s Victim Notification System (VINE) to track any related arrests or custody status.
If harassment shifts to new mediums such as social media or spoofed emails, document those too—new technologies do not erase the order’s scope.
Stay in communication with victim advocates and police liaisons to adjust protective measures as needed.

Step 10: Renew or Modify the Order Before It Expires

Long-term orders under AS 18.65.850 generally last up to one year.
Before expiration, you may petition for renewal by filing a new CIV-752 and stating that stalking behavior has continued or that you remain in fear.
Courts often require a brief hearing for renewals, especially if the respondent contests them.
File your request at least two weeks before the current order expires to avoid a protection gap.
If circumstances have changed (e.g., the respondent moved or technology patterns shifted), ask the court to modify the order accordingly.
You may also seek termination if you no longer feel at risk, though courts will confirm it is your voluntary decision.

Renewal demonstrates ongoing need and helps build a consistent record should criminal charges arise later.
Keep copies of all past orders for reference; they show the court that behavior has not ceased.
Advocates can assist with refiling and remind you of deadlines.
Once renewed, law enforcement will automatically update APSIN records for continued enforcement.
This final step closes the protective cycle while ensuring you retain legal recourse for as long as necessary.

Costs Associated

There are no court fees for filing, service, or certified copies of a stalking protective order in Alaska.
Optional costs include printing exhibits or travel to court.
If you choose to retain private counsel, legal fees are your responsibility, but free assistance is often available from Legal Services Corporation of Alaska or ANDVSA advocates.
Most victims navigate the process pro se with court-supplied forms.

Time Required

Filing and review for an ex parte order can occur the same day.
Service and hearing scheduling usually happen within two to three weeks.
A long-term order, once granted, remains in effect for up to one year and is renewable for successive periods.
Overall, the average protective-order case under AS 18.65.850 resolves its initial phase in about twenty days.

Limitations of the Protective Order

A court order is a powerful legal tool, but it is not a physical barrier. Its effectiveness depends on service, the clarity of its terms, and prompt reporting of violations. The court must have personal jurisdiction over the respondent (accomplished through lawful service or appearance). If a respondent has not yet been served, you may possess a signed order that is not enforceable against that person until law enforcement completes service. Orders also cannot resolve unrelated civil issues (e.g., contract disputes, property division) or substitute for workplace and campus safety measures; they operate in parallel with those systems. Although the court can include tailored no-contact and stay-away provisions, it cannot micromanage all situations in which parties might incidentally be near one another (e.g., large public events). Petitioners must remain alert and continue using sensible safety planning (varying routes, sharing schedules only with trusted people, privacy settings, etc.).

A second limitation is evidentiary. The long-term order requires proof by a preponderance of the evidence. If your evidence is thin (few dates, no copies of messages, vague descriptions), the court may deny long-term relief even if it granted an emergency order. Similarly, if incidents do not rise to the statutory definition of stalking in AS 11.41.270, the court cannot shoehorn them into § 18.65.850. You should keep collecting contemporaneous evidence (screenshots with timestamps and URLs, call logs, police report numbers) and bring witnesses when possible. Lastly, orders typically expire in about one year; they must be renewed before expiration if danger persists. A lapse creates an enforcement gap even if the underlying behavior continues.

Risks and Unexpected Problems

The most common risk is evasion of service. Respondents who are transient, deliberately avoid contact, or live in remote areas may delay service, slowing enforcement and the hearing timeline. Stay in close contact with the clerk and the serving agency; provide updated addresses, vehicles, employers, or schedules to improve the chances of successful service. A second risk is retaliatory or indirect contact after an ex parte order issues—through friends, new social media accounts, or spoofed numbers. Mitigate this by preserving digital evidence before blocking, logging every incident, and notifying police promptly so officers can document patterns and, if warranted, make arrests for violations under AS 11.56.740.

A third risk is technology drift—harassment moving to new platforms (temporary usernames, encrypted messaging, or trackers). Capture what you can (screenshots, profile IDs, links) and explain to the court why you need technology-specific provisions (e.g., prohibiting new-account contact or electronic tracking). Fourth, court logistics can pose challenges: short notice, remote appearance tech issues, or confusion about exhibit exchange. Call the clerk ahead of time to confirm the hearing format, exhibit procedures, and any accommodation needs (interpretation under Administrative Rule 6 or safety accommodations). Finally, understand that a protective order can influence other arenas—employment scheduling, shared public spaces, or school access. Communicate with HR or campus safety and provide them a copy of the order so compliance can be managed without compromising your security.

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