Know the Laws: Alaska

UPDATED October 29, 2012

You can have your protective order from another state enforced in Alaska.

• General rules for out-of-state orders in AK
  • Can my out-of-state or tribal order be enforced in Alaska?
  • Can I have my out-of-state protection order changed, extended, or canceled in AK?
  • Once I file my out-of-state or tribal order, how do I get it enforced by local law enforcement or state troopers in Alaska?
  • What can I do if the court that issued my order tells Alaska that my order has been changed or is no longer valid?
  • I was granted temporary custody with my protection order. Will I still have temporary custody of my children in AK?
• Registering your out-of-state order in AK

General rules for out-of-state orders in AK

back to topCan my out-of-state or tribal order be enforced in Alaska?

Yes, but for full protection you will need to file your order with the Alaskan court system.  See How do I file my out-of-state or tribal order with the court system? for more information.  Alaska can only prosecute for a violation of an out-of-state or tribal order if a copy of that order is filed with the court.*

Even if your out-of-state order was not filed with the Alaskan court, law enforcement may still be able to enforce certain parts of the order such as obtaining your personal belongings from the abuser. Law enforcement can also make an arrest if when violating the protective order, the abuser commits another offense (violation of Alaska law) such as assault, trespass, etc.

If you are concerned about an abuser tracking down your location from filing the protective order with the court closest to you, contact your local domestic violence/sexual assault program. They can assist in filing the order with another Alaska court and safety planning. You will find a list of organizations that will be able to help you at the AK State and Local Programs page.

* Alaska Statute § 11.56.740(a)(1)

back to topCan I have my out-of-state protection order changed, extended, or canceled in AK?

No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Alaska.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders pages for the state where your order was issued.

If your order does expire while you are living in Alaska, you may be able to get a new one issued in Alaska but this may be difficult to do if no new incidents of abuse have occurred in Alaska. To find out more information on how to get a protective order in Alaska, visit our AK Domestic Violence Protective Orders pages.

back to topOnce I file my out-of-state or tribal order, how do I get it enforced by local law enforcement or state troopers in Alaska?

• Immediately call any local law enforcement agency or state trooper office if the abuser violated the order.
• When the police get there, you should show them a copy of your filed order. They will check your order to see whether it has been filed with the Alaska Court System. The officer is required by law to enforce the order just as if it were issued in Alaska.
• If you do not have a copy of your filed order with you, a local law enforcement officer or state trooper can get the information they need to enforce your order from the Alaska Public Safety Information Network (APSIN). When you file your order with a court clerk's office in Alaska, the State of Alaska will enter the order into the Central Registry for Protective Orders, which is contained in APSIN. However, it is still very important that you always have a copy of your filed order with you.
• If the abuser violates the order and you have not filed it with the Alaska Court System, you should still call a law enforcement agency immediately.

back to topWhat can I do if the court that issued my order tells Alaska that my order has been changed or is no longer valid?

You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Alaska cannot enforce an order that has expired or has been canceled in the issuing state.

If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in AK. You will find information on legal assistance and domestic violence organizations in AK under the Where to Find Help tab at the top of this page.

back to topI was granted temporary custody with my protection order. Will I still have temporary custody of my children in AK?

Yes. As long as the child custody provision complies with certain federal laws,* AK can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, click here AK Finding a Lawyer.

* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

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