Alaska Statutes
Alaska Stat. § 18.65.530 (2026)
Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release
✓ current as of July 2026
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Sec. 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 of a person under (a) of this section if the officer has received authorization from a prosecuting attorney in the jurisdiction in which the offense under investigation arose
(1) not to arrest the person; or
(2) to deliver the person to a crisis stabilization center, a crisis residential center, or an evaluation facility as provided in AS 12.25.031(b).
(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.
(g) A peace officer who delivers a person to a crisis stabilization center, a crisis residential center, or evaluation facility under (c) of this section shall provide the peace officer's and the peace officer's employing agency's contact information to the crisis stabilization center, crisis residential center, or evaluation facility and, if the peace officer and the peace officer's employing agency are notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim of a crime committed under (a)(1) or (2) of this section of the planned 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 of a person under (a) of this section if the officer has received authorization from a prosecuting attorney in the jurisdiction in which the offense under investigation arose
(1) not to arrest the person; or
(2) to deliver the person to a crisis stabilization center, a crisis residential center, or an evaluation facility as provided in AS 12.25.031(b).
(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.
(g) A peace officer who delivers a person to a crisis stabilization center, a crisis residential center, or evaluation facility under (c) of this section shall provide the peace officer's and the peace officer's employing agency's contact information to the crisis stabilization center, crisis residential center, or evaluation facility and, if the peace officer and the peace officer's employing agency are notified under AS 12.25.031(d) of a planned release of the person, shall make reasonable efforts to inform the victim of a crime committed under (a)(1) or (2) of this section of the planned release.
Notes of Decisions
Cited in 10
cases (5 in the last 5 years), 2001–2026 · leading case: Wee v. Eggener, 225 P.3d 1120 (Alaska 2010).
Wee v. Eggener, 225 P.3d 1120 (Alaska 2010). “530 expresses a similar policy by discouraging arrest of all parties involved in domestic violence incidents: "If a peace officer receives complaints of domestic violence from more than one person arising from the same incident," the officer should arrest "the principal physical…”
Dore v. City of Fairbanks, 31 P.3d 788 (Alaska 2001). “" 26 While AS 18.65.530 does make arrest mandatory in specified domestic violence situations, it expressly does not permit civil actions for the police's failure to arrest.”
McComas v. Kirn, 105 P.3d 1130 (Alaska 2005). “740(a)(1), and subject to mandatory arrest under AS 18.65.530(a)(2). 10 McComas’s appeal is therefore not moot.”
Wongittilin v. State, 36 P.3d 678 (Alaska 2001). “The state moved for summary judgment, arguing that the mandatory-arrest domestic-violence statute, AS 18.65.530, does not permit a civil action for alleged failure to arrest; that the state had no actionable duty to arrest Jackson; and that the state was immune from liability…”
Williams v. State, 151 P.3d 460 (Alaska Ct. App. 2006). “5 (providing that a person arrested for domestic violence may not be released on bail prior to the close of the next court day following the arrest unless he is ordered not to contact the victim or enter the victim’s residence until the expiration of that time, but permitting…”
Howell v. Mun. of Anchorage (D. Alaska 2022). “83 Alaska Stat. § 18.65.530 (a)(1) (emphasis added).”
Howell v. Mun. of Anchorage (D. Alaska 2024). “legitimate escalation of an officer’s ‘concern[] about his or her safety’ is less salient ‘when the domestic dispute is seemingly over by the time the officers begin their investigation.”
Handy v. Jones (D. Alaska 2025). “44 Alaska Stat. § 18.65.530 (a)(1) (emphasis added).”
Darden (D. Alaska 2026). “030 (grounds for arrest by a private person or peace officer without a warrant) with Alaska Stat. § 18.65.530 (a peace officer “shall make an arrest” for crimes involving domestic violence, violation of protective orders, and violation of conditions of release).”
Dawn Brown v. City of Kotzebue & Thomas Slease (Alaska 2023). “, approximately ten minutes after she arrived at the jail, 1 See AS 18.65.530(a)(1) (requiring officers to arrest a person if there is probable cause the person committed a crime of domestic violence).”
— Alaska Stat. § 18.65.530(a) — 2 cases
Dore v. City of Fairbanks, 31 P.3d 788 (Alaska 2001). “" 26 While AS 18.65.530 does make arrest mandatory in specified domestic violence situations, it expressly does not permit civil actions for the police's failure to arrest.”
Howell v. Mun. of Anchorage (D. Alaska 2022). “83 Alaska Stat. § 18.65.530 (a)(1) (emphasis added).”
— Alaska Stat. § 18.65.530(a)(1) — 1 case
Dawn Brown v. City of Kotzebue & Thomas Slease (Alaska 2023). “, approximately ten minutes after she arrived at the jail, 1 See AS 18.65.530(a)(1) (requiring officers to arrest a person if there is probable cause the person committed a crime of domestic violence).”
— Alaska Stat. § 18.65.530(a)(2) — 1 case
McComas v. Kirn, 105 P.3d 1130 (Alaska 2005). “740(a)(1), and subject to mandatory arrest under AS 18.65.530(a)(2). 10 McComas’s appeal is therefore not moot.”
— Alaska Stat. § 18.65.530(b) — 1 case
Wee v. Eggener, 225 P.3d 1120 (Alaska 2010). “530 expresses a similar policy by discouraging arrest of all parties involved in domestic violence incidents: "If a peace officer receives complaints of domestic violence from more than one person arising from the same incident," the officer should arrest "the principal physical…”
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