How to Get a Restraining Order in Alaska: Process, Proof & Timeline

Alaska's Three Protective Order Types at a Glance

Alaska does not call it a "restraining order" — the formal name is a domestic violence protective order, and it comes in three distinct forms suited to different stages of a crisis. Understanding which type fits your situation can save critical time.

  • Emergency protective order (EPO): Lasts up to 72 hours. A police officer requests it on your behalf — you do not have to go to court at all.
  • Ex parte short-term order: Lasts up to 20 days. You petition the court yourself during court hours; the respondent is not notified before the order issues.
  • Long-term protective order: Lasts one year, with certain provisions that can continue until a further court order. Issued after both sides have had a chance to appear at a hearing.

All three types fall under Alaska Statutes AS 18.66.100–.990 and Civil Rule 65.1. Alaska also has separate protective orders for stalking and sexual assault, which cover situations where the person harming you may not share a household connection with you.

Who Qualifies to File

A domestic violence protective order requires what Alaska law calls a "household member" relationship between you and the respondent. Under AS 18.66.990, that includes:

  • Current or former spouses
  • Current or former dating or sexual partners
  • People who live together or have lived together
  • People related by blood or marriage
  • People who share a child in common

This definition is broad by design. A short-term relationship, a person you no longer live with, or the other parent of your child can all qualify as a household member under the statute. If your situation involves someone who falls outside these categories — for example, someone stalking you with no prior relationship — Alaska's stalking protective order process may apply instead. A courthouse self-help advocate can help you identify the right track.

Emergency Protective Orders: Around-the-Clock Coverage

If you are in immediate danger and cannot safely get to a courthouse, you do not have to wait. Under AS 18.66.120, a police officer can request an emergency protective order on your behalf, either in person or by phone. The order issues on a finding of probable cause that you face immediate danger from a household member.

Time-sensitive: an EPO lasts only up to 72 hours. It is designed as a bridge — enough time to stay safe while you make your way to a court to file for a short-term order. Do not treat the EPO as a long-term solution on its own.

Ex Parte Short-Term Orders: Filing Without Warning the Respondent

"Ex parte" simply means one side only. When you file for a short-term protective order, you go to court and present your petition to a judge — but the respondent is not there and is not notified ahead of time. The court reviews what you have described and, if it finds probable cause that a crime of domestic violence occurred, issues the order on the spot under AS 18.66.110. This order lasts up to 20 days.

The Anchorage court at the Boney Courthouse, 303 K St., accepts protective order petitions on an extended schedule: Monday through Friday, 8 a.m. to 8 p.m., and Saturday and Sunday, noon to 8 p.m. If you are outside Anchorage, contact your nearest Alaska superior or district court to confirm hours — courts around Alaska handle protective order petitions during regular court hours.

Bring any evidence you have when you file: screenshots of threatening messages, photos of injuries, police report numbers, medical records, or written notes about specific incidents with dates. The more concrete your petition, the stronger the foundation for the court's probable cause finding.

Long-Term Protective Orders: The Hearing

Within the life of the short-term order, the court schedules a hearing. The respondent will be served with notice and will have an opportunity to appear and contest the order. You will also appear and can present evidence and witnesses on your behalf.

The legal standard at the hearing is a preponderance of the evidence — the court must find it is more likely than not that the respondent committed a crime involving domestic violence, as required by AS 18.66.100. This is a lower bar than the "beyond a reasonable doubt" standard used in criminal proceedings, but preparation still matters. Organized documentation, a clear timeline of events, and any corroborating witnesses all strengthen your case.

If the court finds the standard is met, it issues a long-term protective order lasting one year. Critically, the no-contact and no-domestic-violence provisions can continue beyond that one year — until a further order of the court — so the protection is not automatically cut off at the twelve-month mark.

What a Protective Order Can Include

Alaska courts can include a range of relief in a protective order under AS 18.66.100, depending on what you request and the facts of your case. Provisions may cover:

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  • Prohibiting the respondent from contacting you in any form — in person, by phone, by text, or through third parties
  • Requiring the respondent to vacate a shared home
  • Temporary custody and visitation arrangements for children
  • Temporary child support
  • Prohibitions on the respondent possessing or using firearms

Think carefully before you file about what protection you need. A more complete petition makes it easier for the court to grant meaningful relief quickly.

There Is No Filing Fee

Alaska law explicitly prohibits courts from charging any filing fee or any fee for service of process when you are seeking only a protective order, under AS 18.66.150. You should pay nothing to file. Cost is not and should not be a barrier to protection in Alaska, regardless of your income or financial circumstances.

What You Can Do in Alaska: Step-by-Step

  1. If you are in immediate danger, call 911. Tell the responding officer you want an emergency protective order. The officer can request it by phone or in person on your behalf. Time-sensitive: the EPO lasts up to 72 hours — use that window to get to a courthouse.
  2. Get to a courthouse as soon as you are safely able. In Anchorage, the Boney Courthouse at 303 K St. has extended hours (Monday–Friday 8 a.m.–8 p.m.; Saturday–Sunday noon–8 p.m.). In other communities, go during regular court hours.
  3. Gather your evidence before you go. Bring copies or screenshots of any threatening communications, photos of injuries or property damage, police report numbers, and a written timeline of incidents with dates and details.
  4. Request the protective order petition forms from the court clerk. Alaska courts provide standardized forms designed for this process. If you need help understanding the questions, a self-help center volunteer may be available — though they cannot give you legal advice.
  5. Complete the petition with as much specific detail as possible. Name dates, describe exactly what happened, note any injuries or threats, and indicate whether children were present or affected. Vague descriptions are harder for courts to evaluate.
  6. Wait for the judge's ruling on your short-term order. If probable cause is found, the order issues the same day. The respondent will be served, and a hearing date will be set within the 20-day window.
  7. Prepare for the hearing. Gather any additional evidence — medical records, a continuing log of contact or threats, witness statements. The hearing is your opportunity to present the full picture and request a one-year order.
  8. Keep your order with you at all times. Give copies to your employer, your children's school, and anyone else who may need to enforce it. If the order is violated, call 911 and document everything — do not try to handle violations on your own.

Violations and Federal Protection

Violating a protective order in Alaska is a criminal offense. The moment the respondent contacts you, shows up near you, or otherwise breaches the order's terms, call 911. Save any messages, note the times and locations, and ask witnesses to do the same.

Federal law adds a critical layer of protection. Under the Violence Against Women Act (VAWA), a valid protective order from any U.S. state, tribe, or territory must be honored and enforced in every other jurisdiction as if it were issued there — a rule known as full faith and credit under 18 U.S.C. § 2265. Crossing state lines to stalk a partner or to violate a protection order is also a separate federal crime under 18 U.S.C. §§ 2261A and 2262. Your Alaska protective order follows you across the country. Carry a copy whenever you travel.

Stalking and Sexual Assault Protective Orders

If the person who harmed you does not meet the household member definition — or if the situation involves stalking or sexual assault in a different context — Alaska has distinct protective orders for those circumstances. The eligibility rules and filing process may differ from the domestic violence track. A courthouse clerk or a local domestic violence advocate can help you identify which type of order is appropriate for your situation.

Where to Get Help

  • Alaska Court System – Domestic Violence Self-Help: courts.alaska.gov/shc/dv
  • Alaska Statutes on protective orders: AS 18.66.100–.990; Civil Rule 65.1
  • National Domestic Violence Hotline: 1-800-799-7233 (available 24 hours a day, 7 days a week)

This article is general information only and is not legal advice. Consult a qualified Alaska attorney or contact an Alaska legal aid organization for guidance specific to your situation.

Frequently asked questions

What is the difference between a short-term and a long-term protective order in Alaska?

A short-term (ex parte) order lasts up to 20 days and is issued without first notifying the respondent, based on a probable cause finding. A long-term order is issued after a hearing where both parties can appear, using a preponderance-of-the-evidence standard, and lasts one year — with no-contact and no-domestic-violence provisions that can continue beyond that year until a court says otherwise.

How much does it cost to file a protective order in Alaska?

Nothing. Alaska law under AS 18.66.150 prohibits courts from charging any filing fee or service of process fee when you are seeking a protective order. You should not have to pay regardless of your financial situation.

Can I get a protective order if my abuser is not a spouse or live-in partner?

Possibly, yes. Alaska's household member definition is broad — it covers current and former dating or sexual partners, people related by blood or marriage, and people who share a child, not just spouses or roommates. If the person does not fit any household member category, Alaska also has separate protective orders for stalking and sexual assault.

What happens if the respondent violates the protective order?

Call 911 immediately and document the violation. Violating a protective order is a crime in Alaska. Under federal law (18 U.S.C. §§ 2261A, 2262), crossing state lines to stalk a partner or violate a protection order is also a federal offense on top of any state charge.

Is my Alaska protective order valid if I travel to another state?

Yes. Under the Violence Against Women Act (18 U.S.C. § 2265), a valid protective order from any U.S. state, tribe, or territory must be honored and enforced in every other jurisdiction as if it were issued there. Carry a copy of the order with you whenever you travel.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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