Overview

An Ex Parte Protective Order in Alaska is an emergency court order that provides immediate protection to a stalking victim before the respondent has been notified or appeared in court.
Authorized by Alaska Statute § 18.65.850 (b), it allows a judge to issue temporary restrictions—such as no contact, stay-away zones, or firearm surrender—when a petitioner demonstrates reasonable cause that stalking has occurred and that they are in danger of continued harm.
“Ex parte” means “from one party”; the respondent is not present when the judge reviews the petition.
This fast-acting mechanism prevents further contact during the critical period between filing and the scheduled hearing for a long-term order.

Ex parte orders are vital for immediate safety. They are usually granted the same day a CIV-752 Petition for Stalking Protective Order is filed and remain in effect for up to 20 days or until the full hearing occurs.
Law enforcement serves the order on the respondent, and violation of the order is a criminal offense under AS 11.56.740.
This article explains the entire process—from recognizing when emergency relief is appropriate to preparing for the hearing that follows—so petitioners and advocates understand the statute, procedures, and best practices for safety and compliance.

Who Can Apply

Any individual who has been the victim of stalking as defined in AS 11.41.270 may request an ex parte protective order.
There is no requirement to file a police report or to know the respondent personally.
Parents or legal guardians can file on behalf of minors, and representatives may file for adults who are incapacitated or otherwise unable to file on their own.
The petitioner must provide a sworn statement—usually through the CIV-752 form—describing two or more incidents of non-consensual contact that caused fear of death or physical injury.
Courts accept filings during business hours, and many locations have after-hours on-call judges for urgent cases.
No filing fees apply.

The Alaska Court System encourages petitioners to bring documentation—texts, emails, call logs, photographs, or witness statements—but the judge can still issue an ex parte order based solely on credible sworn testimony.
A petitioner may also request that their address remain confidential under the Address Confidentiality Program (ACP).
If the respondent falls within a domestic-violence relationship, the case proceeds under AS 18.66.100 instead, but the immediate ex parte principles are identical: temporary protection first, full hearing later.

Benefits of an Ex Parte Order

• Immediate protection: Same-day judicial review can stop harassment before escalation.
• No advance notice to respondent: Prevents tipping-off a stalker who might retaliate.
• Law-enforcement enforceable: Officers can arrest on sight for any violation.
• Free and accessible: No cost to file or serve; available statewide, including rural courts.
• Foundation for long-term order: Automatically leads to a scheduled hearing for continued protection.

Because stalking often involves unpredictable or escalating behavior, the ex parte process is intentionally streamlined.
It allows victims to obtain legally binding relief within hours instead of weeks, bridging the gap until a full evidentiary hearing can be held.

Step-by-Step Process for Obtaining an Ex Parte Stalking Protective Order in Alaska

Step 1: Recognize When Immediate Relief Is Needed

The first step is deciding whether your situation meets the threshold for emergency protection.
If the stalking behavior has recently intensified—repeated visits to your home or work, threatening messages, or physical following—you may qualify for immediate relief.
Ask yourself: would waiting several days for a hearing leave you vulnerable to further harm?
If the answer is yes, an ex parte petition is appropriate.
Document all recent incidents, particularly those within the last 30 days; judges give the greatest weight to recent and repeated acts demonstrating a pattern of fear.
Gather texts, call records, or witness names now—they will later support both the ex parte request and the long-term hearing.

Safety planning should accompany this legal step.
Contact a local victim-advocacy agency such as the Alaska Network on Domestic Violence and Sexual Assault (ANDVSA) or a regional shelter.
They can help you assess immediate risk, prepare the form, and coordinate with law enforcement.
If you are in rural Alaska, village public-safety officers (VPSOs) or troopers can often facilitate electronic filing or arrange telephonic review with an on-call judge.
Remember that ex parte orders are temporary by design—they are the first line of protection, not the final remedy.

Step 2: Complete the CIV-752 Petition and CIV-751 Instructions

The CIV-752 Petition for Stalking Protective Order is the key document.
Section A identifies the respondent; provide their full name, approximate age, and any addresses or workplaces for service.
Section B describes each stalking incident in chronological order with specific facts: dates, times, locations, and what the respondent did or said.
Include at least two separate acts to establish a “course of conduct.”
Section C lists requested relief—check “no contact of any kind,” “stay away from my home/work/school,” and any other relevant boxes.
Finally, sign the verification statement under penalty of perjury.
If you require confidentiality, mark the box requesting an alternate mailing address or the ACP substitute address.
Attach exhibits such as screenshots or police report numbers if available.
Bring the completed packet to the court clerk for filing.

The companion CIV-751 Instruction Sheet clarifies procedure and defines key terms.
It explains that the judge may issue an ex parte order based solely on the petition, without a hearing, if “reasonable cause” exists.
Review it carefully so you know what to expect when the judge reads your paperwork.
Accurate, concise descriptions improve your chances of prompt approval.

Step 3: File the Petition and Request an Ex Parte Review

Take the petition to the nearest Alaska District Court or Superior Court.
There is no filing fee.
Tell the clerk that you are requesting an ex parte stalking protective order.
If the judge is available, they may review your petition immediately; otherwise, the clerk will schedule a same-day or next-day review.
During review, the judge may ask brief clarifying questions under oath—typically about dates, fear level, and recent contact.
If the judge finds “reasonable cause,” they will sign an ex parte order valid up to 20 days and schedule a hearing for a long-term order.
The clerk forwards the signed order and information sheet to law enforcement for service.
Never attempt to serve the respondent yourself.
Once served, the order is effective statewide.
Carry a copy at all times; violations are criminal.

Step 4: Law-Enforcement Service of the Order

Once the judge signs the ex parte order, law enforcement—usually the Alaska State Troopers or local police—serves it on the respondent.
You will not be present during service.
The order includes all restrictions and a notice of the upcoming hearing.
Service is free and typically completed within one to three days, though it can take longer in remote areas.
The officer files a Return of Service with the court; confirm with the clerk that it has been recorded.
Until service occurs, the order cannot be enforced against the respondent, though you should still follow all safety recommendations.
Once served, the order enters the Alaska Public Safety Information Network (APSIN) so that officers anywhere in the state can verify it instantly.

If the respondent cannot be located, law enforcement will make repeated attempts.
Provide updates about addresses, workplaces, vehicles, or social-media accounts that may aid location.
Do not try to deliver papers yourself.
During this period, continue to document any contact attempts; such evidence demonstrates ongoing danger at the upcoming hearing and supports renewal of the ex parte order if necessary.

Step 5: Prepare for the Full Hearing on the Long-Term Order

The court automatically schedules a hearing within 20 days of issuing the ex parte order.
This ensures the respondent has an opportunity to be heard, satisfying due-process requirements.
Use this time to gather additional evidence and witnesses.
Print all digital messages, save voicemails, and prepare a written chronology of events since filing.
If the respondent violated the temporary order, report it to police immediately and obtain a copy of the incident report; it will strongly support your request for a long-term order.
Bring at least two copies of every exhibit—one for the judge, one for the respondent—and label them numerically.
If you require an interpreter or safety accommodations, notify the clerk in advance under Administrative Rule 6.
Arrive early on the hearing date and check in with security staff so they know to keep parties separated if necessary.
When called, you will testify under oath, referencing the same CIV-752 form you originally filed.
Clear, factual presentation is the best way to convert temporary protection into a lasting one-year order.

Step 6: Attend the Hearing and Present Your Case

The hearing is your opportunity to convert a temporary ex parte order into a long-term stalking protective order under
AS 18.65.850 (c).
When your case is called, you will be placed under oath.
Speak directly to the judge, not the respondent.
Use your written timeline to explain the pattern of stalking, emphasizing dates and how each incident affected your safety.
Introduce exhibits one at a time and briefly describe what each shows.
If you have witnesses, they will testify after you; prepare them to answer factual questions only.

The respondent may present their side and ask questions.
Stay calm and answer succinctly—credibility is critical.
When testimony concludes, the judge will either rule immediately or issue a written decision later that day.
If granted, the long-term order typically lasts up to one year and includes the same no-contact and distance provisions as the ex parte order.
Before leaving, verify that all identifying details and addresses are correct.
Request certified copies and confirm that law enforcement will update APSIN (the statewide database) so officers anywhere can enforce the order.

Step 7: Understand Enforcement and Police Response

Once an ex parte or long-term protective order is entered, police have statutory authority to arrest a respondent who violates any provision.
You do not need to seek a new warrant.
If the respondent contacts you, appears at your residence or workplace, or communicates through third parties, call 911 immediately.
Show officers your certified copy of the order.
Under AS 11.56.740,
a knowing violation is a criminal offense that can result in jail time.

Keep a log of every incident—date, time, location, and description.
If officers respond, obtain the case number and later request a copy of their report.
Consistent documentation demonstrates a continuing threat and supports renewal.
Do not attempt to communicate with or warn the respondent yourself; any exchange could be misinterpreted and complicate enforcement.
If you relocate or travel, provide the order to local police in the new jurisdiction for immediate recognition under federal full-faith-and-credit rules (18 U.S.C. § 2265).

Step 8: Maintain Safety During and After the Order

A protective order is one part of a broader safety strategy.
Continue varying daily routines, inform trusted colleagues or family of court dates, and update digital privacy settings.
Give copies of your order to your employer, school, or property manager so they can enforce stay-away provisions on site.
If you use social media, avoid posts revealing your location.
Contact the Alaska Network on Domestic Violence and Sexual Assault for ongoing advocacy or counseling.
They can assist with relocation grants and coordinated safety plans.

Stay in communication with the court clerk regarding any new incidents.
If you receive harassing messages through unfamiliar accounts or numbers, preserve them before blocking.
Provide these to police as supplementary evidence.
If you sense an imminent threat despite the order, do not hesitate to call 911.
Law enforcement can escort you to safety or conduct welfare checks.
Remember that compliance with an order is the respondent’s legal responsibility, not yours; your role is to document and report.

Step 9: Renew, Modify, or Dismiss the Order

A long-term stalking protective order typically lasts one year.
To extend protection, file a renewal request using Form CIV-752 referencing your original case number.
Do this at least two weeks before expiration so there is no enforcement gap.
Attach any new evidence showing ongoing contact or fear.
If the respondent’s behavior has ceased and you wish to end the order, file a written request for dismissal; the judge must confirm that your decision is voluntary.
You may also request modifications—such as updated addresses or adjusted distance restrictions—by filing a short motion under the same case.

Renewal hearings are usually brief and may proceed without the respondent if proper notice is given.
Bring your documentation of continuing fear or recent contact attempts.
When renewed, deliver updated copies to police, schools, and employers.
Keep older versions for your records; a consistent paper trail demonstrates persistence of risk if future incidents occur.

Step 10: Coordinate With Advocates and Legal Resources

Even after a protective order is granted, ongoing support is crucial.
Victim-advocacy organizations can assist with safety planning, housing, and employment concerns related to stalking trauma.
Legal Aid and the Alaska Legal Services Corporation offer free consultations for issues like custody conflicts or workplace retaliation that sometimes arise after filing.
If you experience anxiety, sleep problems, or other trauma symptoms, request a referral for counseling; the State of Alaska’s Victims of Crime Compensation Program may cover associated costs.
Community networks are designed to help survivors maintain stability and safety beyond the courtroom.

Keep your documents organized: the original petition, ex parte order, long-term order, police reports, and renewal filings.
Store digital copies securely.
If you move, update your contact information with the court to ensure you receive notices.
By combining legal enforcement with personal preparedness and community resources, you maximize the protective power of Alaska’s stalking-order system.

Costs Associated

There is no fee to file, serve, or certify an ex parte or long-term stalking protective order in Alaska.
All service costs are paid by the state.
You may incur incidental expenses for printing exhibits or transportation to court.
Low-income petitioners can seek travel assistance through local victim-service agencies.

Time Required

Ex parte orders can be reviewed and signed the same day a petition is filed.
Service typically occurs within one to three days depending on location.
The long-term hearing must be held within twenty days under AS 18.65.850 (b).
Overall, petitioners usually receive full adjudication within two to three weeks.

Limitations

An ex parte order provides immediate but temporary relief.
It expires after twenty days unless extended by the court or replaced by a long-term order.
It cannot award damages, determine property rights, or require counseling for the respondent.
Enforcement depends on proper service; until the respondent is served, police cannot arrest for violations.
Petitioners in remote communities should plan extra time for service logistics.

Risks and Unexpected Problems

Delays in service or miscommunication about hearing dates are common logistical risks.
Always confirm addresses and hearing schedules with the clerk.
Respondents may retaliate through indirect contact; report such behavior promptly.
Technology-based harassment—fake accounts, tracking apps—requires special vigilance; preserve evidence before deletion.
Finally, emotional stress can be substantial: seek support early rather than waiting until after the hearing.
Knowledgeable advocates reduce risk and help you navigate the system confidently.

Sources (Official)

• Alaska Court System Forms Index — official location for CIV-751 and CIV-752.
• CIV-751 Instructions for Requesting a Protective Order Against Stalking or Sexual Assault (PDF)
• CIV-752 Petition for Stalking Protective Order (PDF)
• Alaska Statute § 18.65.850 — Protective Orders for Stalking
• AS 11.41.270 — Stalking Definition
• AS 11.56.740 — Violating a Protective Order
• Alaska Court System Self-Help Center — Domestic Violence and Stalking Orders