Sec. 13.26.460. Protective orders; modification; third-party compliance; forms; fees.

608 words·~3 min read·/ak/title-13/chapter-26/13-26-460·

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(a)The petitioner, respondent, or protected person, if the protected person is a vulnerable adult, may request modification of a protective order issued under AS 13.26.450 — 13.26.460. Except as provided in

(b)of this section, if a request is made for modification of

(1)an ex parte protective order issued under AS 13.26.450 , the court shall schedule a hearing on three days' notice or on shorter notice as the court may prescribe; or

(2)a temporary protective order, after notice and hearing under AS 13.26.455 , the court shall schedule a hearing within 20 days after the date the request is made, except that, if the court finds that the request is meritless on its face, the court may deny the request without a hearing.

(b)If a request for a modification is made under this section and the respondent raises an issue not raised by the petitioner, the court may allow the petitioner additional time to respond.

(c)If the court modifies a protective order, the court shall issue a modified order and shall make reasonable efforts to ensure that the order is understood by the petitioner, the respondent, and the protected person who are present at the hearing.

(d)The court shall cause a copy of a protective order, any related orders, and a scheduling order, if any, to be served on the respondent and the protected person and have a protective order and any related order delivered to the appropriate local law enforcement agency for expedited entry in the central registry under AS 18.65.540 .

(e)A protective order issued under AS 13.26.450 — 13.26.460 is in addition to any other civil or criminal remedy.

(f)A third party that has received actual or legal notice of a protective order issued under AS 13.26.450 — 13.26.460 shall comply with the order. A third party who does not comply with a protective order granted under AS 13.26.450 — 13.26.460 may be liable in a civil action to the protected person or the protected person's heirs, assigns, or estate for a civil penalty not to exceed $1,000, plus the actual damages, costs, and fees associated with the failure to comply with the protective order. A third party who does not comply with a protective order granted under AS 13.26.450 — 13.26.460 may also be criminally liable under AS 11.56.740 for violating a protective order. As used in this section, “actual or legal notice” means delivery by mail or facsimile at the most recently known place of residence or business of the third party.

(g)The Alaska Court System, after consulting with the Department of Health, the office of public advocacy, the office of elder fraud and assistance, the long term care ombudsman, and other interested persons and organizations, shall prepare forms for petitions and protective orders and instructions for use of the forms by a person seeking a protective order under AS 13.26.450 — 13.26.460. The forms must conform to the Alaska Rules of Probate Procedure and Alaska Rules of Civil Procedure, except that information on the forms may be filled in by legible handwriting. The office of the clerk of each superior and district court shall make available to the public the forms a person seeking a protective order may need and instructions for the use of the forms. The clerk shall provide assistance in completing and filing the forms.

(h)Filing fees may not be charged for a petition under AS 13.26.450 , for an application under AS 13.26.455 , or for a request for modification of a protective order under AS 13.26.460 (a).