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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 65. Police Protection
- Section 855. Ex Parte and Emergency Protective Orders For Stalking and Sexual Assault.
previous: Section 850
. Protective Orders For Stalking and Sexual Assault.
next: Section 860
. Modification of Protective Orders For Stalking and Sexual Assault.
AS 18.65.855. Ex Parte and Emergency Protective Orders For Stalking and Sexual Assault.
- (a) A person who reasonably believes that the person is a victim of stalking or sexual assault that is not a
crime involving domestic violence may file a petition under AS 18.65.850 and request an ex parte protective order. If the court finds that
the petition establishes probable cause that the crime of stalking or sexual assault has occurred, that it is necessary to protect the
petitioner from further stalking or sexual assault, and that the petitioner has certified to the court in writing the efforts, if any,
that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective
order. An ex parte protective order under this section may grant the protection allowed by AS 18.65.850
(c). An ex parte protective order expires 20 days after it is issued unless dissolved earlier by the court at the
request of either the petitioner or the respondent after notice and, if requested, a hearing. If the court issues an ex
parte protective order, the court shall have the order delivered to the appropriate law enforcement agency for
- (b) A peace officer, on behalf of and with the consent of a victim of stalking or sexual assault that is not a
crime involving domestic violence, may request an emergency protective order from a judicial officer. The request may be made orally or
in writing based on the sworn statement of a peace officer, and in person or by telephone. If the court finds probable cause to believe
that the petitioner is in immediate danger of stalking or sexual assault based on an allegation of the recent commission of stalking or
sexual assault, the court ex parte shall issue an emergency protective order. An emergency protective order may grant the protection
allowed by AS 18.65.850(c). An emergency protective order expires 72 hours after it is
issued unless dissolved earlier by the court at the request of the petitioner. A peace officer who obtains an emergency protective order
under this section shall
- (1) place the provisions of an oral order in writing on a form provided by the court and file the written order with the
issuing court by the end of the judicial day after the order is issued;
- (2) provide a copy of the order to the petitioner; and
- (3) serve a copy of the order on the respondent.
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