Sec. 18.65.850. Protective orders for stalking and sexual assault.

612 words·~3 min read·/ak/title-18/chapter-65/18-65-850

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 in the district or superior court for a protective order against a respondent who is alleged to have committed the stalking or sexual assault. A parent or guardian may file a petition on behalf of a minor.

(b)When a petition for a protective order is filed, the court shall schedule a hearing and provide at least 10 days' notice to the respondent of the hearing and of the respondent's right to appear and be heard, either in person or through an attorney. If the court finds by a preponderance of evidence that the respondent has committed stalking or sexual assault against the petitioner, regardless of whether the respondent appears at the hearing, the court may order any relief available under

(c)of this section. The provisions of a protective order issued under this section are effective for one year unless earlier dissolved by the court.

(c)A protective order issued under this section may

(1)prohibit the respondent from threatening to commit or committing stalking or sexual assault;

(2)prohibit the respondent from telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner or a designated household member of the petitioner specifically named by the court;

(3)direct the respondent to stay away from the residence, school, or place of employment of the petitioner, or any specified place frequented by the petitioner; however, the court may order the respondent to stay away from the respondent's own residence, school, or place of employment only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;

(4)order other relief the court determines to be necessary to protect the petitioner or the designated household member.

(d)If the court issues a protective order under this section, the court shall

(1)make reasonable efforts to ensure that the order is understood by the petitioner and by the respondent, if present; and

(2)have the order delivered to the appropriate local law enforcement agency for expedited service.

(e)A court may not deny a petition for a protective order solely because

(1)there is a lapse of time between an act of sexual assault and the filing of the petition;

(2)the stalking or act of sexual assault was the basis for a previous protective order; or

(3)a court previously found that the petitioner was a victim of stalking or sexual assault but declined to order relief under this section, if the petition alleges a change in circumstances since the court's previous finding.

(f)Within 30 days before, or within 60 days after, the expiration of a protective order issued or extended under this section, a petitioner may petition the court for an extension of the protective order. The court shall schedule a hearing and provide at least 10 days' notice to the respondent of the hearing and of the respondent's right to appear and be heard, either in person or through an attorney. If the court finds that an extension of the provisions of the order is necessary to protect the petitioner from stalking or sexual assault, regardless of whether the respondent appears at the hearing, the court may extend the provisions of the order. An extension granted under this subsection is effective for one year unless earlier dissolved by court order. If the court grants an extension before the protective order expires, the extension takes effect on the day the protective order would have expired.