IMPORTANT PRACTICE NOTE
This template is provided for general informational purposes only and is not a substitute for the advice of a licensed attorney. No attorney–client relationship is created by your use of this form. Domestic-violence proceedings carry significant legal consequences; consult qualified counsel or a certified domestic-violence advocate before filing or relying on this document.
DOMESTIC VIOLENCE PROTECTION ORDER
(State of Alaska – Family Court)
TABLE OF CONTENTS
- Document Header
- Definitions
- Judicial Findings
- Operative Provisions
- Enforcement & Remedies
- Risk Allocation (N/A)
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
“Domestic Violence Protection Order” (Long-Term) (“Order”)
1.2 Court & Case Caption
• Court: [STATE OF ALASKA, SUPERIOR COURT, FAMILY DIVISION, _ JUDICIAL DISTRICT]
• Case No.: [___]
• Petitioner/Protected Person(s): [Full Legal Name(s)] (“Petitioner”)
• Respondent/Restrained Person: [Full Legal Name] (“Respondent”)
1.3 Effective Date & Duration
This Order is effective upon (a) signature by the judicial officer and (b) proper service on Respondent. Unless otherwise extended, it expires at 11:59 p.m. on [EXPIRATION DATE] (not to exceed statutory maximum absent renewal).
1.4 Governing Law
This Order is issued pursuant to Alaska’s domestic-violence protection statutes and Alaska Rules of Civil Procedure governing protective-order proceedings.
[// GUIDANCE: Alaska permits both 20-day ex-parte and up-to-1-year long-term orders. Modify “Duration” based on the hearing held and statutory maximum in force at filing.]
2. DEFINITIONS
“Child(ren)” – Minor child(ren) listed in Section 3.3.
“Firearm” – Any device that expels a projectile by the action of an explosive.
“Protected Address(es)” – Any residence, school, or place of employment identified in Section 4.1.
“Prohibited Contact” – Direct or indirect contact, including but not limited to in-person, telephone, text, email, social media, third-party, or any other form of communication.
“Stay-Away Distance” – A radius of [______] feet/yards from each Protected Address.
3. JUDICIAL FINDINGS
3.1 Jurisdiction
The Court has subject-matter jurisdiction over domestic-violence protection-order proceedings and personal jurisdiction over Respondent based on [service/residency/acts in Alaska].
3.2 Relationship of Parties
The Court finds the parties are/were:
☐ Spouses or former spouses
☐ Cohabitants or former cohabitants
☐ Related by blood or marriage
☐ Dating or sexual partners
☐ Parents of the same child(ren)
(Select all that apply.)
3.3 Findings of Domestic Violence
After hearing and consideration of evidence, the Court finds that Respondent committed an act(s) of domestic violence as defined by applicable Alaska law on or about [DATE(S)].
3.4 Children Affected
Minor child(ren) entitled to protection:
• Name / DOB: [_]
• Name / DOB: [_]
3.5 Necessity of Order
The Court finds a protection order is necessary to prevent further violence, stalking, or harassment and to ensure safety of Petitioner and listed child(ren).
4. OPERATIVE PROVISIONS
4.1 No Contact & Stay-Away
a. Respondent shall have no Prohibited Contact with Petitioner or child(ren).
b. Respondent shall stay at least [STAY-AWAY DISTANCE] from:
i. Petitioner’s residence: [ADDRESS OR “CONFIDENTIAL”]
ii. Petitioner’s workplace: [ADDRESS OR “CONFIDENTIAL”]
iii. Child(ren)’s school/daycare: [ADDRESS OR “CONFIDENTIAL”]
iv. Any other location where Petitioner or child(ren) are present.
4.2 Exclusive Use & Possession of Residence
☐ Granted ☐ Denied. If granted, Respondent shall immediately vacate [ADDRESS], leaving all keys, garage openers, and access cards.
4.3 Firearms & Dangerous Weapons
Respondent shall:
a. Surrender all Firearms and ammunition to [LAW-ENFORCEMENT AGENCY] within 24 hours of service;
b. File proof of surrender within 48 hours;
c. Not possess, purchase, or attempt to obtain any Firearm or ammunition while this Order is in effect.
4.4 Temporary Child Custody & Visitation
☐ Sole legal and physical custody to Petitioner.
☐ Visitation: ☒ None ☒ Supervised [DETAILS] ☒ As separately ordered.
[// GUIDANCE: For complex parenting arrangements, attach Alaska Parenting Plan Form DR-475 or equivalent as Schedule A.]
4.5 Support
☐ Reserved. ☒ Temporary child/spousal support per Alaska Civil Rule 90.3 in the amount of $[____] per [week/month], commencing [DATE].
4.6 Treatment & Batterer Intervention
Respondent shall enroll in and complete:
a. State-approved domestic-violence intervention program;
b. Substance-abuse evaluation/treatment if ordered;
c. File proof of enrollment within [____] days.
4.7 Additional Relief
☐ Transfer of phone number(s) to Petitioner.
☐ Return of essential personal property as listed in Schedule B.
☐ Other: [______].
5. ENFORCEMENT & REMEDIES
5.1 Law-Enforcement Authority
This Order is immediately enforceable statewide and shall be entered into the Alaska Public Safety Information Network (APSIN) and the National Crime Information Center Protection Order File (NCIC POF).
5.2 Arrest Without Warrant
A law-enforcement officer shall arrest Respondent without a warrant upon probable cause to believe Respondent violated any term of this Order.
5.3 Criminal & Civil Penalties
Violation may constitute a misdemeanor or felony, subjecting Respondent to incarceration, fines, and contempt sanctions.
5.4 Contempt & Civil Remedies
Upon motion, the Court may impose coercive or compensatory contempt, attorney’s fees, costs, and any other relief authorized by law.
6. RISK ALLOCATION (NOT APPLICABLE)
Indemnification and limitation-of-liability clauses are inapposite to protective orders and are therefore omitted.
7. DISPUTE RESOLUTION & JURISDICTION
7.1 Governing Law
All questions arising under this Order shall be resolved under the domestic-violence statutes and procedural rules of the State of Alaska.
7.2 Forum Selection
Exclusive venue lies in the Alaska Family Court that issued this Order; arbitration is unavailable; jury trial is not applicable in these proceedings.
7.3 Continuing Jurisdiction & Modification
Either party may, with proper notice, move to modify, dissolve, or extend this Order. The Court retains jurisdiction for that purpose.
8. GENERAL PROVISIONS
8.1 Severability
If any provision of this Order is held invalid, the remainder shall remain in full force.
8.2 Service & Proof
Petitioner (or the Court clerk) shall arrange for prompt service of this Order and any attachments on Respondent per Alaska Civil Rule 4.
8.3 Supersession
This Order supersedes any prior temporary or ex-parte orders issued under the same case number.
8.4 Copies to Parties & Agencies
Certified copies shall be provided to:
• Petitioner (free of charge)
• Respondent (upon service)
• Local law-enforcement agency
• Child’s school/daycare (if applicable)
9. EXECUTION BLOCK
Issued at [City], Alaska on [DATE] at [TIME] ☐ a.m. ☐ p.m.
[JUDGE’S NAME], Superior Court Judge
(SEAL)
Acknowledgment of Service
☐ Personal Service completed on Respondent at [DATE/TIME].
☐ Certified Mail (return receipt attached).
☐ Alternate method approved by Court (specify): ______.
Signature of Server: _____ Badge/ID#: _____
Date: _______
Respondent’s Receipt (optional)
I certify I have received a copy of this Order and understand its terms. I understand that violation may result in immediate arrest and criminal prosecution.
RESPONDENT (Signature) Date
[// GUIDANCE:
1. Attach schedules (property lists, parenting plan) as needed; label “Schedule A,” “Schedule B,” etc.
2. File original with clerk; provide certified copies to all required entities.
3. Ensure firearms surrender is executed per local police department policy.
4. For ex-parte (20-day) orders, strike or modify Sections 4.4 & 4.5 unless an evidentiary basis exists.]