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Domestic Violence, Stalking or Sexual Assault

READ THIS IF YOU HAVE KIDS!

A history of domestic violence between you and the other parent can affect the custody or visitation arrangement for your children. The law presumes that the parent who committed the domestic violence might not get custody and visitation unless he or she meets certain requirements. These may include completing a batterer’s intervention or substance abuse treatment program. To find domestic violence, the law does not require the existence of a protective order or criminal charges. The divorce or custody judge may ask about domestic violence. If there has been domestic violence, you should talk with a lawyer about how this law will impact your case.

Domestic Violence Shelters, Information and Safety Planning

If you or someone in your family is a victim of domestic violence, you are urged to contact your local shelter to speak to an advocate, or visit the Alaska Network on Domestic Violence website for information about resources and safety planning. If you are in the Mat-Su valley, Alaska Family Services provides shelter for women and children and counseling. Please call 746-4080 or toll free at 1-866-746-4080 to speak with the crisis intervention coordinator/legal advocate or go to 1825 S. Chugach St. in Palmer.

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Domestic Violence Protective Order Forms and Instructions

To learn how to get a protective order in Alaska, read

The forms to request a protective order from the court are:

And here is the form to ask the court to modify or dissolve an order:

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Stalking or Sexual Assault Protective Order Forms and Instructions

There are Stalking Protective Orders and Sexual Assault Protective Orders, in addition to Domestic Violence Protective Orders. To get each of these protective orders, you need to convince the court that the respondent committed specific crimes. There is one petition form to request either a Stalking Protective Order or a Sexual Assault Protective Order. To see if you qualify for either of these orders, please read carefully the Instructions for Requesting a Protective Order Against Stalking or Sexual Assault, CIV-751Adobe Acrobat PDF logo.

Stalking or Sexual Assault Protective Order Packet (CIV-750) - consists of the following forms:

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Information about Custody, Visitation and Child Support for Protective Orders

If you have children with the other party in a domestic violence protective order case, the judge may decide temporary custody of the children. The judge can decide a custody and visitation arrangement which will be in effect for one year if a long term order is granted. The judge can also order that the parent without custody pay child support.

Before you go to the hearing for the long term order, you should come up with a visitation plan that you want. To understand what a visitation plan is about, read the FAQs on Visitation (Word | PDF). You can also use the Visitation Plan & Child Support Worksheet (Word | PDF) to write down what you want to ask for at the hearing.

After the protective order expires, there will be no custody order in effect unless there already is a custody order from a divorce or custody case. Without a custody order, both parents have legal rights to the children. To avoid a time period when there is no custody order in effect, you may file a separate permanent custody action in Superior Court before your protective order expires. You can learn about filing a divorce or custody case or call the Family Law Self-Help Center.

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Help for Military Dependents Who Are Experiencing Domestic Violence

If you are the dependent of an active duty military member and experiencing domestic violence, there are many resources available to you from the military. Active duty military members are obligated to provide financial support to their spouse and/or children. As a military dependent you may be eligible for what the military refers to as an "Early/Advance Return of Dependents." This is a military policy that allows dependents to return to their home of origin at the military's expense. This is available to military dependents ONLY ONCE and includes the shipment of household goods. For more information, domestic violence victims can contact their military installation's Family Advocacy or Family Support Programs that are listed in the installation's phone book or call the Family Law Self-Help Center.

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Financial Help for Victims of Violent Crimes

The Violent Crimes Compensation Board was established in 1972 by the Alaska Legislature to help bring financial relief to innocent victims of violent crimes in Alaska. Some of the costs that can be paid include:

NOTE: You can NOT be paid for:

For more information, please see the Violent Crimes Compensation Board web page or call 907-465-3040.

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Domestic Violence Protective Orders Video

Note: The links to the videos go to an external website. You may not be able to view the videos using dial-up Internet access.

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Rev. 29 July 2013
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