Alaska Statutes
Alaska Stat. § 18.66.110 (2026)
Ex parte and emergency protective orders
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 18.66.110. Ex parte and emergency protective orders.
(a) A person who is a victim of a crime involving domestic violence may file a petition under AS 18.66.100(a) and request an ex parte protective order. If the court finds that the petition establishes probable cause that a crime involving domestic violence has occurred, it is necessary to protect the petitioner from domestic violence, and if the petitioner has certified to the court in writing the efforts, if any, that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective order. An ex parte protective order may grant the protection provided by AS 18.66.100(c)(1) — (5), (8) — (12), and (16). An ex parte protective order expires 20 days after it is issued unless dissolved earlier by the court at the request of either the petitioner or the respondent and after notice and, if requested, a hearing. If a court issues an ex parte protective order, the court shall have the order delivered to the appropriate local law enforcement agency for expedited service and for entry into the central registry of protective orders under AS 18.65.540.
(b) A peace officer, on behalf of and with the consent of a victim of a crime involving domestic violence, may request an emergency protective order from a judicial officer. The request may be made orally or in writing based upon the sworn statement of a peace officer, and in person or by telephone. If the court finds probable cause to believe that the victim is in immediate danger of domestic violence based on an allegation of the recent commission of a crime involving domestic violence, the court ex parte shall issue an emergency protective order. In an emergency protective order, the court may grant the protection provided by AS 18.66.100(c)(1) — (5), (8), (10), (11), and (16). An emergency protective order expires 72 hours after it is issued unless dissolved earlier by the court at the request of the petitioner.
(c) A peace officer who obtains an emergency protective order under (b) of this section shall
(1) place the provisions of an oral order in writing on a form provided by the court and file the written order with the issuing court by the end of the judicial day after it was issued;
(2) provide a copy of the order to the petitioner;
(3) serve a copy of the order on the respondent; and
(4) comply with the requirements of AS 18.65.540 for ensuring that the order is entered into the central registry of protective orders under AS 18.65.540.
(d) A court may not deny a petition for an ex parte protective order filed under (a) of this section solely because of a lapse of time between an act of domestic violence and the filing of the petition.
(a) A person who is a victim of a crime involving domestic violence may file a petition under AS 18.66.100(a) and request an ex parte protective order. If the court finds that the petition establishes probable cause that a crime involving domestic violence has occurred, it is necessary to protect the petitioner from domestic violence, and if the petitioner has certified to the court in writing the efforts, if any, that have been made to provide notice to the respondent, the court shall ex parte and without notice to the respondent issue a protective order. An ex parte protective order may grant the protection provided by AS 18.66.100(c)(1) — (5), (8) — (12), and (16). An ex parte protective order expires 20 days after it is issued unless dissolved earlier by the court at the request of either the petitioner or the respondent and after notice and, if requested, a hearing. If a court issues an ex parte protective order, the court shall have the order delivered to the appropriate local law enforcement agency for expedited service and for entry into the central registry of protective orders under AS 18.65.540.
(b) A peace officer, on behalf of and with the consent of a victim of a crime involving domestic violence, may request an emergency protective order from a judicial officer. The request may be made orally or in writing based upon the sworn statement of a peace officer, and in person or by telephone. If the court finds probable cause to believe that the victim is in immediate danger of domestic violence based on an allegation of the recent commission of a crime involving domestic violence, the court ex parte shall issue an emergency protective order. In an emergency protective order, the court may grant the protection provided by AS 18.66.100(c)(1) — (5), (8), (10), (11), and (16). An emergency protective order expires 72 hours after it is issued unless dissolved earlier by the court at the request of the petitioner.
(c) A peace officer who obtains an emergency protective order under (b) of this section shall
(1) place the provisions of an oral order in writing on a form provided by the court and file the written order with the issuing court by the end of the judicial day after it was issued;
(2) provide a copy of the order to the petitioner;
(3) serve a copy of the order on the respondent; and
(4) comply with the requirements of AS 18.65.540 for ensuring that the order is entered into the central registry of protective orders under AS 18.65.540.
(d) A court may not deny a petition for an ex parte protective order filed under (a) of this section solely because of a lapse of time between an act of domestic violence and the filing of the petition.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 1999–2025 · leading case: Sharon Thompson v. Everett Thompson, 454 P.3d 981 (Alaska 2019).
Sharon Thompson v. Everett Thompson, 454 P.3d 981 (Alaska 2019). “nick” 2 See AS 18.66.110 (governing ex parte and emergency protective orders).”
Morris v. Horn, 219 P.3d 198 (Alaska 2009). “AS 18.66.110(a) states, in pertinent part: A person who is a victim of a crime involving domestic violence may file a petition under AS 18.”
Mitchell v. Mitchell, 445 P.3d 660 (Alaska 2019). “110, and the court did not hold an ex parte hearing, if the case is dismissed because there is not sufficient evidence that the petitioner is a victim of domestic violence as defined by AS 18.”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “In situations involving domestic violence, AS 18.66.110(a) authorizes judges to hear ex parte applications for temporary restraining orders.”
J.M.R. v. S.T.R., 15 P.3d 253 (Alaska 2001). “100 2 and an emergeney twenty-day protective order under AS 18.66.110. 3 In her petition, Julia alleged that she was a victim of "domestic violence" perpetrated against her by both Stuart and Constance.”
MacDonald v. State, 997 P.2d 1187 (Alaska Ct. App. 2000). “8 But, MacDonald was not a defendant in a civil action — he was subject to an ex parte domestic violence order issued under AS 18.66.110(a). This statutory provision is part of the legislation known as the Domestic Violence Prevention and Victim Protection Act of 1996.”
Weinberger v. Weinmeister, 268 P.3d 305 (Alaska 2012). “After an incident of mutual domestic violence, John obtained an ex parte restraining order against Patrice under AS 18.66.110. John and Patrice both sought custody of their son in the separate custody proceeding that followed.”
Whalen v. Whalen, 425 P.3d 150 (Alaska 2018). “Such a result is anathema to the purpose of domestic violence protective orders, and AS 18.66.100 does not require it.”
Olson v. State, 77 P.3d 15 (Alaska Ct. App. 2003). “100(b)-(c) authorize courts to prohibit the respondent indefinitely from committing or threatening to commit domestic violence; other provisions of a long-term protective order, for example those barring the respondent from approaching the petitioner's residence, are effective…”
Jacko v. State, 981 P.2d 1075 (Alaska Ct. App. 1999). “*1077 Judge Neville granted Thiele’s petition and issued a domestic violence restraining order against Jacko under AS 18.66.110. As the factual predicates for this restraining order, Judge Neville found probable cause to believe (1) that Jacko and Thiele were related within the…”
Taylor v. State, 977 P.2d 123 (Alaska Ct. App. 1999). “For instance, the superior and district courts are authorized to hear ex parte petitions for domestic violence restraining orders, see AS 18.66.110(a), but these petitions are usually heard in open court.”
Jason Thomas Armstrong v. Lacie Rebecca Ann Chance, 541 P.3d 1128 (Alaska 2024). “49 AS 18.66.110(a). 50 Because the lack of personal jurisdiction is sufficient grounds to vacate the DVPO, we do not address Armstrong’s arguments about its factual sufficiency.”
— Alaska Stat. § 18.66.110(a) — 10 cases
Morris v. Horn, 219 P.3d 198 (Alaska 2009). “AS 18.66.110(a) states, in pertinent part: A person who is a victim of a crime involving domestic violence may file a petition under AS 18.”
Sharon Thompson v. Everett Thompson, 454 P.3d 981 (Alaska 2019). “nick” 2 See AS 18.66.110 (governing ex parte and emergency protective orders).”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “In situations involving domestic violence, AS 18.66.110(a) authorizes judges to hear ex parte applications for temporary restraining orders.”
MacDonald v. State, 997 P.2d 1187 (Alaska Ct. App. 2000). “8 But, MacDonald was not a defendant in a civil action — he was subject to an ex parte domestic violence order issued under AS 18.66.110(a). This statutory provision is part of the legislation known as the Domestic Violence Prevention and Victim Protection Act of 1996.”
Whalen v. Whalen, 425 P.3d 150 (Alaska 2018). “Such a result is anathema to the purpose of domestic violence protective orders, and AS 18.66.100 does not require it.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.