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Who can apply for stalking protective order in Alaska

Overview

A Stalking Protective Order is a civil court remedy under
Alaska Statute § 18.65.850 that allows individuals facing repeated unwanted contact or threats to obtain legally enforceable protection.
It is designed for situations that do not necessarily involve family or household members—covering acquaintances, neighbors, coworkers, or strangers whose conduct meets the statutory definition of stalking in
AS 11.41.270.
The order prohibits further contact, establishes minimum physical-distance requirements, and authorizes law enforcement to arrest for violations without a warrant.
Petitioners complete the official form CIV-752 Petition for Stalking Protective Order and may request immediate ex parte relief if they fear imminent harm.

This guide explains who may file, what relationships qualify, and the procedural path from petition to enforcement.
Each step includes statutory context and practical considerations so self-represented litigants, advocates, and court clerks can understand eligibility and compliance obligations under Alaska law.

Who Can Apply

Any person who is the victim of stalking as defined in AS 11.41.270 may file a petition for a stalking protective order.
Unlike domestic-violence cases governed by AS 18.66.100, no familial or romantic connection is required.
Applicants may include coworkers receiving threats, students followed by unknown individuals, or neighbors subjected to repeated surveillance.
To qualify, the petitioner must describe at least two separate acts of non-consensual contact causing reasonable fear of death or physical injury.
Contacts may include following, phone calls, texts, online monitoring, or leaving unwanted items.

Parents or legal guardians may apply on behalf of minors.
Guardians ad litem, conservators, or agents under a power of attorney may petition for adults who cannot represent themselves.
The petitioner must have firsthand knowledge of the stalking or provide sworn testimony based on credible information.
Non-residents temporarily in Alaska may also file if any incident occurred within the state.
Courts accept filings statewide—district or superior—and no fee is charged for filing, service, or certified copies.
If the respondent’s identity is unknown, partial information (such as online handles or vehicle descriptions) may still be sufficient to begin proceedings.

Benefits of Eligibility

  • Statewide enforcement: Orders entered into APSIN and recognized by all Alaska law-enforcement agencies.
  • Immediate protection: Possible same-day ex parte relief pending a full hearing.
  • No cost barrier: Filing and service are free under state law.
  • Inclusive coverage: Open to adults, minors (via guardians), and non-domestic relationships.
  • Automatic criminal penalties for violations: Enforceable under AS 11.56.740.

Step-by-Step Guide for Eligible Applicants

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

Before filing, confirm that the conduct you experienced qualifies as stalking under AS 11.41.270.
The statute requires two or more acts of non-consensual contact that cause a reasonable fear of death or physical injury.
These acts can include physical following, surveillance, messages, or unwanted gifts.
Isolated rude behavior, public arguments, or a single text rarely suffice.
Ask: Has this person pursued or monitored me more than once after I told them to stop?
Would a reasonable person in my situation fear harm?
If the answer is yes, you are eligible to file.

Gather evidence to support your description: dates, times, locations, and screenshots of communications.
Police reports and witness statements strengthen credibility but are not required.
Courts recognize that many victims hesitate to report initial incidents.
A self-contained timeline showing a pattern of behavior is enough for the judge to consider ex parte relief.
When in doubt, speak with a victim advocate or court clerk to verify the correct form (CIV-752) for your situation.

Step 2: Confirm You Have Standing to File on Your Own or for Someone Else

“Standing” means the legal authority to initiate a case.
In Alaska, any competent adult victim of stalking has standing to file a petition for a protective order.
Parents or legal guardians may file for minors; the petition should identify both the minor (victim) and the parent (filer) in Section A of CIV-752.
For adults with disabilities or incapacity, a court-appointed guardian, conservator, or attorney-in-fact may file on their behalf if authorized by a power of attorney or guardianship order.
Organizations or employers cannot file collectively; each petition must represent an individual victim.

If you are unsure about standing, consult the self-help desk or Legal Aid.
Submitting under incorrect authority can delay review.
The form itself contains a checkbox confirming that you are the victim or a legal representative.
You must sign under penalty of perjury; false filings are criminal offenses under AS 11.56.210 (perjury) and AS 11.56.740 (false report).
Proper standing ensures the court’s jurisdiction and valid service once the order is issued.

Step 3: Identify the Correct Respondent and Provide Accurate Information

Accurate identification of the respondent is essential for service and enforcement.
Provide full name, date of birth (if known), physical description, and addresses for home and work.
If the respondent uses nicknames or online aliases, include them as well.
Describe vehicles and frequent locations.
Incomplete data can delay service by law enforcement, especially in rural areas where officers cover multiple villages.
If you fear the respondent will retaliate once served, request that your address remain confidential and list an alternate mailing address through the Address Confidentiality Program (ACP).

The court uses this section to create the Law Enforcement Information Sheet that accompanies the protective order.
Double-check spellings and details before signing.
Mistakes here can lead to misidentification and weaken enforcement.
If you truly cannot identify the person by name (e.g., an online stalker), provide unique identifiers like email addresses, screenshots, or IP-based information.
Judges can still issue an order against “John Doe” respondents with sufficient specificity to aid law enforcement in investigation and service.

Step 4: Gather and Organize Supporting Evidence

Strong evidence is the foundation of a successful petition.
Compile every record that shows the respondent’s conduct and your fear response.
Typical materials include text messages, emails, voicemails, social-media posts, letters, photos of unwanted visits, and police report numbers.
Label each item by date and context (“Exhibit A – Text from Aug 5 2025 threatening to follow me”).
Judges prefer chronological organization because it illustrates escalation.
If you use digital screenshots, print them and note the platform and user handles.
Never edit or alter evidence; authenticity is critical.

If you fear immediate harm, you can request an ex parte order without waiting to gather all proof, but continue collecting evidence for the long-term hearing.
The more precise your documentation, the easier it is for law enforcement to validate violations later.
Witnesses—neighbors, coworkers, friends—can also submit written statements or appear at the hearing to describe what they observed.
Keep everything confidential until filing; posting about your case online may undermine credibility or alert the respondent.

Step 5: File Your Petition at the Correct Court Location

File the completed CIV-752 petition at the nearest district or superior court.
All courthouses accept these cases regardless of residency.
In smaller communities, you may submit through a magistrate judge or law enforcement officer authorized to receive documents.
Bring identification and two copies of your petition and attachments.
The clerk will stamp and forward it for judicial review.
If you request an ex parte order, the judge may review the same day.
Once signed, law enforcement serves the respondent at no cost.
The clerk will provide you with a copy and notify you of the hearing date for a long-term order, usually within 20 days.
Keep the copy with you at all times until the hearing; violation of even a temporary order is criminally punishable.

Step 6: Request Immediate Protection if the Situation Is Urgent

If you believe you are in immediate danger, check the “Ex Parte Order Requested” box on the first page of the CIV-752 form.
An ex parte order allows a judge to issue temporary protection without first notifying the respondent.
This order typically lasts up to 20 days and bridges the period until the full hearing.
It may restrict the respondent from contacting you, visiting specific locations, or possessing firearms.
Judges evaluate whether there is “reasonable cause” that stalking has occurred and that you are in danger of continued harm.
Bring all available evidence, but understand that sworn testimony alone can suffice in emergencies.

Once granted, the order is enforceable statewide as soon as it is served by law enforcement.
You will receive a copy for your records—carry it with you at all times.
If the respondent violates the order, call police immediately; violations are criminal offenses under AS 11.56.740.
Even if you later decide to withdraw your petition, do not ignore the hearing notice; the court must formally dismiss the case to prevent unintended warrants or confusion in law-enforcement databases.

Step 7: Ensure Law Enforcement Serves the Respondent

After the judge signs the order, the court clerk will transmit it to law enforcement for service.
Service is mandatory and free.
A law-enforcement officer will deliver the papers directly to the respondent at home, work, or another location.
You are not allowed to serve the order yourself.
Once service is complete, the officer files a “Return of Service” confirming delivery.
Always verify with the clerk that service has been successfully recorded; the order is not enforceable until this step occurs.

If law enforcement has difficulty locating the respondent, provide updated addresses, workplaces, or vehicle information.
In some cases, troopers may coordinate with other jurisdictions to achieve service.
If you believe the respondent is actively avoiding service, document every attempt; you may ask the court for additional time or an extension of the ex parte order.
After service, all restrictions in the order take effect immediately and the respondent must comply or face criminal consequences.

Step 8: Prepare for the Long-Term Hearing

A full hearing must occur within twenty days of filing your petition.
The hearing gives both sides a chance to present evidence.
Use this time to organize your exhibits, prepare a clear narrative, and gather witnesses.
List every incident chronologically and note any new contact since filing.
Print out electronic communications and label each item.
You can observe other protective-order hearings beforehand to understand the format.
If you need an interpreter or accommodation, inform the clerk in advance.
Courts can provide language or safety support under Alaska Administrative Rule 6.

At the hearing, the judge will ask questions about each incident described in your petition.
Answer calmly and directly.
Focus on specific events rather than general feelings.
If the respondent appears, do not engage personally; speak only to the judge.
Bring at least two copies of every document: one for the judge and one for the respondent.
If the court grants a long-term order, review it immediately to ensure accuracy before leaving.
If the court denies the order, ask for written reasons so you can understand the outcome and gather additional evidence for refiling if new incidents occur.

Step 9: Monitor Compliance and Report Violations

Once the protective order is in effect, maintain constant vigilance.
Keep a certified copy with you, share it with trusted individuals, and provide one to your workplace or school security.
If the respondent contacts you by any means—directly, indirectly, or electronically—document the event immediately and contact law enforcement.
Violations are crimes under AS 11.56.740 and can lead to arrest and prosecution.
Provide officers with your order and evidence such as texts, screenshots, or eyewitness statements.

Never confront the respondent or attempt informal resolution.
If communication is necessary (for example, regarding shared property), request that it occur through attorneys or other intermediaries and be approved by the court.
Continued vigilance ensures enforcement integrity.
If you change addresses or phone numbers, inform the court so you can receive renewal reminders or enforcement updates.

Step 10: Renew or Modify the Order as Needed

Long-term stalking protective orders typically last one year.
If stalking continues or fear persists, file a renewal before the expiration date.
You can reuse the CIV-752 form, referencing the existing case number.
Attach updated evidence showing ongoing unwanted contact or recent violations.
If circumstances change—such as new addresses, workplaces, or communication platforms—request a modification.
Judges can tailor conditions to current risks.
If you decide the order is no longer necessary, file a written request for dismissal; the judge will confirm that the decision is voluntary and free from coercion.

Always keep certified copies of renewed or modified orders.
Share them with local law enforcement and anyone responsible for your safety plan.
Timely renewal avoids lapses that could jeopardize enforcement.
If you move out of Alaska, the order remains valid nationwide under the federal full faith and credit clause (18 U.S.C. § 2265).
Register it with the new state’s law enforcement for seamless enforcement.

Costs Associated

There are no filing fees, service fees, or certification costs for stalking protective orders in Alaska.
Printing exhibits and transportation to court are the only potential expenses.
Legal assistance is available free through the Alaska Legal Services Corporation, and most shelters or advocacy centers provide court accompaniment at no charge.

Time Required

The process can move quickly.
An ex parte order may be granted the same day you file.
Service usually occurs within one to three days.
The long-term hearing is held within 20 days under AS 18.65.850(b).
Renewals typically take only a few days once requested.
Overall, most petitioners obtain full protection within two to three weeks of filing.

Limitations

The order’s power is legal, not physical—it deters through law enforcement, not constant supervision.
Effectiveness depends on accurate service and timely reporting of violations.
Protective orders cannot address unrelated issues such as property disputes, child custody, or damages.
They must be renewed before expiration, and they require proper identification of the respondent to remain enforceable.
Petitioners in rural areas should plan ahead for logistical challenges in service and communication.

Risks and Unexpected Problems

Potential risks include retaliation after service, delays in law-enforcement communication, or emotional strain from court proceedings.
Respondents may create new social-media accounts or use intermediaries to circumvent contact bans.
Always document such actions and notify the police immediately.
Seek support from victim advocates and mental-health counselors to manage stress and avoid isolation.
If an order is violated, report promptly—consistent enforcement is key to maintaining safety and credibility in future proceedings.

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