Full Statute Name:  West's Alaska Statutes Annotated. Title 18. Health, Safety, Housing, Human Rights, and Public Defender. Chapter 65. Police Protection. Article 7. Domestic Violence

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Primary Citation:  AS § 18.65.515 - 590 Country of Origin:  United States Last Checked:  January, 2017 Alternate Citation:  AK ST § 18.65.515 - 590
Summary:

In 2016, the State of Alaska added language allowing the inclusion of pets in protective orders for domestic violence. Effective January 17. 2017 under Section 18.65.520, a petitioner may seek a protective order that includes a provision to "grant you [the petitioner] possession and use of a vehicle and other essential personal items, including a pet, regardless of the ownership of those items." In the new amendment to Section 18.65.590, “pet” means "a vertebrate living creature maintained for companionship or pleasure, but does not include dogs primarily owned for participation in a generally accepted mushing or pulling contest or practice or animals primarily owned for participation in rodeos or stock contests."

Statute Text: 

§ 18.65.510. Domestic violence training

§ 18.65.515. Duties of peace officer in a crime involving domestic violence

§ 18.65.520. Notification to victims of domestic violence

§ 18.65.530. Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release

§ 18.65.540. Central registry of protective orders

§ 18.65.590. Definition

 

§ 18.65.510. Domestic violence training

(a) Each established police training program in the state shall provide training that acquaints police officers with

(1) laws relating to substantive crimes and rules of criminal procedure applicable in cases involving domestic violence;

(2) techniques for handling incidents of domestic violence that promote the safety of the victim and the officer and that reduce the likelihood of recurrence;

(3) the investigation and management of cases involving domestic violence and report writing for those cases;

(4) organizations in the state that offer aid or shelter to victims of domestic violence;

(5) procedures applicable in the prosecution of cases involving domestic violence;

(6) orders that may be issued by or filed with a court under AS 18.66.100-18.66.180;

(7) the notification to be given to victims of domestic violence under AS 18.65.520; and

(8) the subjects set out in AS 18.66.310(d).

(b) In providing a training program under this section, each agency or institution offering an established police training program shall consult with the Council on Domestic Violence and Sexual Assault and interested individuals and organizations providing assistance to victims of domestic violence.

Credits
SLA 1980, ch. 139, § 3; SLA 1996, ch. 64, § 26.


§ 18.65.515. Duties of peace officer in a crime involving domestic violence

(a) A peace officer investigating a crime involving domestic violence shall protect the victim and any member of the victim's family and prevent further violence by

(1) transporting an adult victim and any member of the victim's family from the place of the offense or the place of contact, to a location within the community where the offense occurred that is a shelter, a safe home, or another location in the community requested by the victim;

(2) assisting the victim in removing from the residence essential items belonging to the victim, such as clothing, vehicles, medication, personal records, and legal documents;

(3) assisting the victim and any member of the victim's family in obtaining medical treatment necessitated by the offense, by contacting emergency medical services or by transporting the victim to a local medical facility, if available in the community where the offense occurred; and

(4) providing notice of the rights of victims and services available to victims of domestic violence as provided in AS 18.65.520.

(b) If a peace officer investigating a crime involving domestic violence determines that it is necessary to protect the victim or the victim's family from domestic violence or to protect the officer or the public during the investigation, the officer may (1) seize a deadly weapon in plain view of the officer, and (2) if a deadly weapon was actually possessed during or used in the domestic violence, seize all deadly weapons owned, used, possessed, or within the control of the alleged perpetrator. If the weapon is not needed as evidence in a criminal case, the law enforcement agency having custody of the weapon, within 24 hours of making the determination that the weapon is not needed as evidence in a criminal case, shall make the weapon available for pickup by the owner of the weapon during regular business hours.

Credits
SLA 1996, ch. 64, § 27.

 

§ 18.65.520. Notification to victims of domestic violence

<Text of subsec. (a) effective until January 17, 2017. See, also, text of subsec. (a) effective January 17, 2017.>

(a) A peace officer investigating a crime involving domestic violence shall orally and in writing inform the victim of the rights of victims of domestic violence and the services available to them. The notice must be in substantially the following form:

If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety, including asking for an emergency protective order.

You may also request the officer to assist you in obtaining your essential personal belongings and locating and taking you to a safe place, including a designated meeting place or shelter, the residence of a household member or friend, or a similar place of safety.

In some places in Alaska there are organizations that provide aid and shelter to victims of domestic violence.

The nearest organization is located at ________________________________________________________________________________________________________________________________________________________________ .

If you are in need of medical treatment, you may request that the officer assist you in obtaining medical treatment.

You may obtain information about whether the prosecuting attorney will file a criminal complaint about the domestic violence. Additionally, the victim/witness assistance program of the Department of Law may be able to help you. This information is available from the district attorney's office, which is located at __________.

You also have the right to file a petition in court requesting a protective order that may include any of the following provisions:

(1) prohibit your abuser from threatening to commit or committing further acts of domestic violence;

(2) prohibit your abuser from stalking, harassing, telephoning, contacting, or otherwise communicating with you, directly or indirectly;

(3) remove your abuser from your residence;

(4) order your abuser to stay away from your residence, school, place of employment, or any other specified place frequented by you or another designated household member;

(5) prohibit your abuser from entering your vehicle or a vehicle you occupy;

(6) prohibit your abuser from using or possessing a deadly weapon if the court finds your abuser was in the actual possession of or used a weapon during the commission of your abuse;

(7) direct your abuser to surrender any firearm owned or possessed by that person if the court finds your abuser was in the actual possession of or used a firearm during the commission of your abuse;

(8) request a peace officer to accompany you to your residence to ensure your safe possession of the residence, vehicle, or other items, or to ensure your safe removal of personal items from the residence;

(9) award temporary custody of a minor child to the petitioner and may arrange for visitation with a minor child if the safety of the child and the petitioner can be protected;

(10) grant you possession and use of a vehicle and other essential personal effects;

(11) prohibit your abuser from consuming controlled substances;

(12) require your abuser to pay support for you or a minor child in your care if there is an independent legal obligation of your abuser to support you or the child;

(13) require your abuser to reimburse you for your expenses caused by domestic violence, including medical bills, or for your costs in getting a protective order;

(14) order your abuser to participate in an intervention program for batterers; and

(15) other relief the court determines to be necessary for your safety.

The forms you need to obtain a protective order are available from the nearest court. It is not necessary to have an attorney to obtain a protective order, but you may consult an attorney if you choose. If you would like help obtaining a protective order, you may contact the nearest domestic violence program located at __________. The program can also tell you about other resources available in this community for information about domestic violence, treatment of injuries, and places of safety and shelter.

You may also qualify for compensation from the Violent Crimes Compensation Board. The board may be contacted at __________.

<Text of subsec. (a) effective January 17, 2017. See, also, text of subsec. (a) effective until January 17, 2017.>

(a) A peace officer investigating a crime involving domestic violence shall orally and in writing inform the victim of the rights of victims of domestic violence and the services available to them. The notice must be in substantially the following form:

If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety, including asking for an emergency protective order.

You may also request the officer to assist you in obtaining your essential personal belongings and locating and taking you to a safe place, including a designated meeting place or shelter, the residence of a household member or friend, or a similar place of safety. In some places in Alaska there are organizations that provide aid and shelter to victims of domestic violence. The nearest organization is located at ______________________________.

If you are in need of medical treatment, you may request that the officer assist you in obtaining medical treatment.

You may obtain information about whether the prosecuting attorney will file a criminal complaint about the domestic violence. Additionally, the victim/witness assistance program of the Department of Law may be able to help you. This information is available from the district attorney's office, which is located at __________________.

You also have the right to file a petition in court requesting a protective order that may include any of the following provisions:

(1) prohibit your abuser from threatening to commit or committing further acts of domestic violence;

(2) prohibit your abuser from stalking, harassing, telephoning, contacting, or otherwise communicating with you, directly or indirectly;

(3) remove your abuser from your residence;

(4) order your abuser to stay away from your residence, school, place of employment, or any other specified place frequented by you or another designated household member;

(5) prohibit your abuser from entering your vehicle or a vehicle you occupy;

(6) prohibit your abuser from using or possessing a deadly weapon if the court finds your abuser was in the actual possession of or used a weapon during the commission of your abuse;

(7) direct your abuser to surrender any firearm owned or possessed by that person if the court finds your abuser was in the actual possession of or used a firearm during the commission of your abuse;

(8) request a peace officer to accompany you to your residence to ensure your safe possession of the residence, vehicle, or other items, or to ensure your safe removal of personal items from the residence;

(9) award temporary custody of a minor child to the petitioner and may arrange for visitation with a minor child if the safety of the child and the petitioner can be protected;

(10) grant you possession and use of a vehicle and other essential personal items, including a pet, regardless of the ownership of those items;

(11) prohibit your abuser from consuming controlled substances;

(12) require your abuser to pay support for you, a minor child in your care, or a pet in your care if there is an independent legal obligation of your abuser to support you, the child, or the pet;

(13) require your abuser to reimburse you for your expenses caused by domestic violence, including medical bills, or for your costs in getting a protective order;

(14) order your abuser to participate in an intervention program for batterers; and

(15) other relief the court determines to be necessary for your safety.

The forms you need to obtain a protective order are available from the nearest court. It is not necessary to have an attorney to obtain a protective order, but you may consult an attorney if you choose. If you would like help obtaining a protective order, you may contact the nearest domestic violence program located at ________. The program can also tell you about other resources available in this community for information about domestic violence, treatment of injuries, and places of safety and shelter.

You may also qualify for compensation from the Violent Crimes Compensation Board. The board may be contacted at __________.

(b) If the victim of domestic violence does not understand English, the police officer shall make reasonable efforts to inform the victim of the services and rights specified in (a) of this section in a language the victim understands.

(c) Repealed by SLA 1996, ch. 64, § 72, eff. July 1, 1996.

Credits
SLA 1980, ch. 139, § 3; SLA 1982, ch. 61, §§ 14, 15; SLA 1991, ch. 64, § 7; SLA 1996, ch. 64, §§ 28, 72. Amended by SLA 2016, ch. 60, § 13, eff. Jan. 17, 2017.



 § 18.65.530. Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release

(a) Except as provided in (b) or (c) of this section, a peace officer, with or without a warrant, shall arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer, within the previous 12 hours,

(1) committed domestic violence, except an offense under AS 11.41.100--11.41.130, whether the crime is a felony or a misdemeanor;

(2) committed the crime of violating a protective order in violation of AS 11.56.740(a)(1) or (2);

(3) violated a condition of release imposed under AS 12.30.016(e) or (f) or 12.30.027.

(b) If a peace officer receives complaints of domestic violence from more than one person arising from the same incident, the officer shall evaluate the conduct of each person to determine who was the principal physical aggressor. If the officer determines that one person was the principal physical aggressor, the other person or persons need not be arrested. In determining whether a person is a principal physical aggressor, the officer shall consider

(1) prior complaints of domestic violence;

(2) the relative severity of the injuries inflicted on each person;

(3) the likelihood of future injury from domestic violence to each person; and

(4) whether one of the persons acted in defense of self or others.

(c) A peace officer is not required to make an arrest under (a) of this section if the officer has received authorization not to arrest from a prosecuting attorney in the jurisdiction in which the offense under investigation arose.

(d) When investigating a crime involving domestic violence, a peace officer may not threaten or suggest the possible arrest of all persons involved in the same incident in a manner that would have a tendency to discourage requests for intervention by law enforcement in incidents involving domestic violence.

(e) In addition to the contents of any other report, a peace officer who does not make an arrest after investigating a complaint of domestic violence, or who arrests two or more persons based on the same incident, shall describe in writing the reasons for not making an arrest or for arresting more than one person.

(f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

Credits
SLA 1996, ch. 64, § 29; SLA 2003, ch. 87, § 3; SLA 2006, ch. 36, § 2, eff. Aug. 16, 2006. Amended by SLA 2010, ch. 19, § 21, eff. July 1, 2010; SLA 2012, ch. 71, § 12, eff. July 1, 2012.


§ 18.65.540. Central registry of protective orders

(a) The Department of Public Safety shall maintain a central registry of protective orders issued by or filed with a court of this state under AS 13.26.207--13.26.209, AS 18.65.850--18.65.870, or AS 18.66.100--18.66.180. The registry must include, for each protective order, the names of the petitioner and respondent, their dates of birth, and the conditions and duration of the order. The registry shall retain a record of the protective order after it has expired.

(b) A peace officer receiving a protective order from a court under AS 13.26.207, 13.26.208, AS 18.65.850--18.65.855, or AS 18.66.100--18.66.180, a modified order issued under AS 13.26.209, AS 18.65.860, or AS 18.66.120, or an order dismissing a protective order shall take reasonable steps to ensure that the order, modified order, or dismissal is entered into the central registry within 24 hours after being received.

(c) A petitioner or respondent who is the subject of a protective order may request the Department of Public Safety to correct information about the order in the central registry. The person requesting the correction has the burden of proving that the information is inaccurate or incomplete. The person may appeal an adverse decision to the court under applicable court rules for appealing the decision of an administrative agency. On appeal, the appellant has the burden of showing that the department's action was an abuse of discretion. An appeal filed under this subsection may not collaterally attack a protective order, challenge the grounds upon which the order was based, or challenge the evidence submitted in support of the order.

(d) The Department of Public Safety may adopt regulations to implement this section.

(e) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

Credits
SLA 1996, ch. 64, § 29; SLA 2003, ch. 87, § 4; SLA 2006, ch. 36, § 3, eff. Aug. 16, 2006. Amended by SLA 2012, ch. 71, §§ 13, 14, eff. July 1, 2012.


§ 18.65.590. Definition

<Text of section effective until January 17, 2017. See, also text of section effective January 17, 2017.>

In AS 18.65.510-18.65.590, “domestic violence” has the meaning given in AS 18.66.990.

<Text of section effective January 17, 2017. See, also text of section effective until January 17, 2017.>

In AS 18.65.510--18.65.590,

(1) “domestic violence” has the meaning given in AS 18.66.990;

(2) “pet” means a vertebrate living creature maintained for companionship or pleasure, but does not include dogs primarily owned for participation in a generally accepted mushing or pulling contest or practice or animals primarily owned for participation in rodeos or stock contests.

Credits
SLA 1996, ch. 64, § 29. Amended by SLA 2016, ch. 60, § 14, eff. Jan. 17, 2017.

 

 

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