
Time for stalking protective order hearing Alaska
Overview
Under Alaska Statute § 18.65.850, courts must schedule a stalking protective order hearing within a limited and clearly defined timeframe.
If a judge grants a temporary (ex parte) order, the law requires that a full hearing occur within 20 days of filing.
This rapid timeline ensures victims receive prompt judicial review while respondents obtain a fair opportunity to respond.
The hearing is the stage where temporary protection may convert into a long-term order—typically lasting one year or longer.
This article explains the legal timeframe, procedural milestones, and practical steps for petitioners preparing for their hearing.
It follows the Alaska Court System’s self-help guidance and official forms CIV-751 (Instructions) and CIV-752 (Petition for Stalking Protective Order).
Understanding how timing affects each stage—from filing through final judgment—helps petitioners stay organized and ensures compliance with court rules.
Who Can Apply
Anyone who has experienced two or more acts of non-consensual contact that cause reasonable fear of death or physical injury, as defined in
AS 11.41.270, may file for a stalking protective order.
Applicants include adults, minors (through parents or guardians), and incapacitated adults (through legal representatives).
Because stalking orders are civil—not criminal—no prosecutor is needed, and filing is free.
Petitioners may apply in any Alaska district or superior court, even if the respondent lives elsewhere in the state.
Timeframes apply equally to all petitioners: once a temporary order is issued, the respondent must be served promptly so the hearing can proceed within 20 days.
If service is delayed for reasons beyond the petitioner’s control (such as the respondent’s absence from the state), courts may extend the hearing period slightly but remain vigilant about ensuring timely resolution.
Benefits of Prompt Hearings
- Immediate Safety: Rapid scheduling ensures temporary protection transitions smoothly to long-term relief.
- Due Process: Respondents receive a defined window to appear and present evidence, protecting constitutional fairness.
- Predictability: Victims know exactly when to appear and how long orders remain valid.
- Reduced Retaliation Risk: Short intervals between filings and hearings limit opportunities for harassment before enforcement.
- Judicial Efficiency: Streamlined scheduling keeps caseloads current and enforcement consistent statewide.
Step-by-Step Timeline and Process
Step 1: File the Petition (CIV-752) and Request an Ex Parte Order
The hearing timeline begins the moment you file Form CIV-752 at any Alaska court.
You may file in person, by fax, or through law enforcement if you live in a remote area.
When submitting, you may also request an ex parte order—a temporary measure granted without notifying the respondent if immediate danger exists.
If granted, the judge signs the order the same day and schedules the full hearing within 20 calendar days.
If the request for an ex parte order is denied, you still receive a regular hearing date within the same statutory timeframe.
The 20-day clock is mandatory under AS 18.65.850(b). Clerks and judges prioritize these hearings above most civil matters. Your case will typically be heard at the same courthouse that issued the temporary order, although telephonic or video options are available if travel is unsafe or costly.
Step 2: Service of the Respondent and Time Accounting
Once the petition is filed, law enforcement must serve the respondent with the temporary order and hearing notice. Service is free and usually completed within a few days. The 20-day hearing countdown continues even while service is pending.
If the respondent cannot be found, the court may reschedule but must record the reason in writing. Officers may coordinate with other agencies to achieve personal service, particularly in rural Alaska where distances are vast.
Timely service is crucial because the order is not enforceable against the respondent until it is delivered.
After service, law enforcement files a Return of Service confirming delivery.
Petitioners should verify this filing with the clerk to ensure the court can proceed on the scheduled date.
If the respondent evades service intentionally, judges may extend the temporary order and hearing deadline for “good cause.” These extensions are rare and narrowly applied to protect both safety and due process.
Step 3: Prepare Evidence and Witnesses During the 20-Day Window
Between the day you file and the date of the hearing—no more than 20 days apart—you should prepare all evidence demonstrating stalking behavior.
Collect text messages, emails, photos, voicemails, and witness statements. Organize them chronologically to show a pattern of non-consensual contact.
Because the hearing will occur quickly, there is little time for discovery or subpoena.
Victims should therefore gather and print materials immediately after filing.
Clerks or victim advocates can explain how to label exhibits (e.g., “Exhibit A – Text Message from June 5 2025 Threatening Contact”).
This period is also the right time to contact the Alaska Legal Services Corporation or local advocacy offices for free representation.
They can help refine your statement and confirm all statutory requirements are met.
Preparation reduces the chance of continuances, keeping your case within the 20-day rule.
Step 4: Appear at the Scheduled Hearing (Usually Within 20 Days)
On the hearing date—set by the court clerk when your petition was filed—you and the respondent will appear before a judge.
Hearings are typically brief (30–60 minutes) and focused on whether stalking occurred and whether continued protection is necessary.
If the respondent fails to appear after proper service, the judge may issue a long-term order by default.
If both parties attend, each presents evidence and testimony.
The judge decides immediately or within a few days.
This ensures resolution well inside the 20-day statutory limit, balancing speed with fairness.
If severe weather, illness, or other uncontrollable events prevent appearance, contact the clerk as soon as possible.
Courts may allow telephonic participation rather than postponement.
Continuances are granted sparingly; judges must document any delay beyond 20 days.
For most petitioners, the process—from filing to decision—concludes within three weeks.
Step 5: Understand What Happens After the Hearing
Immediately following the hearing, the judge may either deny relief, issue a long-term protective order (valid up to one year), or continue the temporary order pending additional evidence.
If a long-term order is granted, it takes effect immediately and remains enforceable statewide.
If denied, the temporary order expires on the judge’s signature date unless otherwise stated.
Parties receive copies the same day, and the clerk transmits the final order to law enforcement.
There are no waiting periods, filing fees, or delays once the decision is entered.
The speed of this post-hearing phase reflects Alaska’s commitment to timely protection.
Respondents can appeal or request modification, but enforcement begins instantly.
Petitioners should verify with the clerk that the order is logged into the Alaska Public Safety Information Network (APSIN) for immediate visibility by all police agencies.
Step 6: Learn How Continuances and Delays Work
Alaska courts strictly adhere to the 20-day rule for hearings on stalking protective orders, but limited extensions may occur under special conditions.
A judge can grant a continuance if the respondent has not been served or if either party requires additional time to present evidence.
However, even when a continuance is allowed, the temporary (ex parte) order remains in effect until the new hearing date to prevent any gap in protection.
This ensures victims are not left unprotected while maintaining fairness for the respondent.
The judge must document the reasons for any delay on the record.
Common causes for delay include respondent evasion of service, court closures due to weather, or legitimate medical emergencies.
In such cases, clerks reschedule hearings as soon as possible—typically within one to two weeks.
Petitioners should always confirm the new date in writing and request updated copies of their temporary orders showing the extended validity period.
The Alaska Court System’s administrative protocols prioritize these matters, so continuances are kept brief and transparent.
Step 7: Ensure Immediate Issuance of the Final Order
After the hearing, if the court finds by a preponderance of evidence that stalking occurred or may continue, the judge issues a long-term protective order.
This final order replaces the temporary order immediately.
Clerks enter the new order into the Alaska Public Safety Information Network (APSIN) within hours, ensuring police statewide can enforce it.
Certified copies are provided to the petitioner, respondent, and law enforcement at no cost.
Judges may also include firearm restrictions, distance requirements, and electronic contact prohibitions as part of the final order.
If either party believes the decision was made in error, they can file a motion for reconsideration within ten days, but the order remains valid during that period.
This structure ensures continuity of protection even while appeals are pending.
Petitioners should verify that all required agencies have received the updated order and keep copies accessible.
Step 8: Monitor Compliance and Report Violations Promptly
Once the final order is issued, the respondent must comply immediately.
If they contact, follow, or harass you, report the violation to law enforcement.
Violations are criminal offenses under AS 11.56.740 and allow officers to arrest without a warrant.
Police reports and documented evidence help prosecutors file charges swiftly.
Reporting violations quickly reinforces the seriousness of the order and ensures the courts maintain accurate compliance records.
Keep detailed logs of any contact attempts or sightings, including date, time, and method. You may also file a motion for contempt in civil court if violations continue.
Both criminal and civil enforcement pathways operate without fees for victims. Immediate reporting also protects the integrity of your protective order should you later request a renewal.
Step 9: Renew the Order Before It Expires
Long-term stalking protective orders in Alaska typically last one year from the date of issuance. Petitioners should track the expiration date carefully.
If stalking or harassment persists, file a renewal request before the order expires to avoid a protection gap.
Renewal forms are available from the clerk and may be submitted without new fees.
The judge may extend the order for another year or longer upon proof of continued fear or recent incidents.
Renewal hearings are often shorter than initial hearings and scheduled within ten days of filing.
If no new violations have occurred, petitioners may still request renewal based on ongoing fear supported by reasonable facts.
Courts in Alaska routinely grant renewals when safety concerns remain credible.
Always bring a copy of the original order and any recent documentation of attempted contact.
Renewing on time ensures uninterrupted protection and avoids restarting the filing process.
Step 10: Appeal or Modify Orders Within Established Timeframes
Either party may appeal or request modification of a stalking protective order.
An appeal must be filed within 30 days under Alaska Appellate Rule 204.
However, the order remains in effect until the appellate court issues a contrary decision.
Petitioners may also request modifications—such as extending no-contact distance, adding workplaces, or updating addresses—without paying additional fees.
The court schedules modification hearings quickly, often within ten days, to preserve the protective timeline.
Because protective orders are civil in nature, modifications and appeals are procedural rather than punitive.
They allow flexibility to respond to changing circumstances while maintaining strict time compliance.
Even when modified, the core validity of the order remains uninterrupted to ensure continuous safety for the victim.
Costs
There are no filing, service, or certification costs for stalking protective orders or related hearings in Alaska.
Petitioners may incur incidental expenses such as printing or travel, but advocacy organizations often cover these.
Legal representation through Alaska Legal Services Corporation and community advocates is available free of charge.
Time, not money, is the critical factor in these cases—understanding deadlines ensures efficient use of the 20-day hearing window.
Time Required
The complete process—from filing to hearing—must occur within 20 days if an ex parte order is granted.
Service generally takes one to three days, and hearings are typically concluded within two weeks.
Final orders are issued the same day as the hearing or within a few days thereafter.
Renewal hearings occur within ten days of filing.
Altogether, most cases proceed from filing to resolution in under three weeks, ensuring Alaska’s protective-order system remains one of the most responsive in the United States.
Limitations
While the timeframe is designed for speed, logistical issues—weather, service difficulty, or rural distance—can occasionally delay hearings.
Courts may grant short extensions but always keep protective measures active.
Petitioners should maintain contact with the clerk, confirm scheduling, and document all communications.
Delays are procedural, not punitive, and do not reduce the strength or enforceability of temporary orders.
Risks and Unexpected Problems
The most common risks involve missed deadlines, unserved respondents, or emotional stress from expedited proceedings.
To mitigate these, stay organized: track dates, communicate with advocates, and confirm attendance.
Some petitioners find the short timeline overwhelming, but advocates can help manage evidence and preparation efficiently.
If the respondent retaliates or contacts you before the hearing, call police immediately—protection begins with the temporary order’s issuance, not just the hearing.
Sources (Official)
- Alaska Court System — Forms Index (CIV-751 & CIV-752)
- CIV-751 — Instructions for Requesting a Protective Order Against Stalking or Sexual Assault (PDF)
- CIV-752 — Petition for Stalking Protective Order (PDF)
- AS 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: Domestic Violence, Stalking, or Sexual Assault Protective Orders