How to Obtain a Stalking and Harassment Protective Order in Alaska: Timelines & Costs
If you are being stalked or harassed, you can file for a Stalking Protective Order under Alaska Stat. § 18.65.850. A judge can grant a temporary ex parte order immediately to keep the harasser away, often without requiring any upfront court filing fees.
Stalking and relentless harassment can make you feel unsafe in your own home. Whether the threat is physical or entirely online, Alaska law provides a powerful legal mechanism to protect you. Securing a protective order creates a hard legal boundary that law enforcement can instantly enforce. Because the paperwork and court hearings can be intimidating, we strongly recommend using our US Directory of Lawyers to find an Alaska family law or civil attorney to help you present your case effectively.
Domestic Violence Protective Orders vs. Stalking Orders
Many Alaskans are confused about which order to request. The Alaska Court System, Anchorage issues two primary types of protective orders. A Domestic Violence Protective Order applies if the abuser is a household member, a current or former romantic partner, or a relative under Alaska Stat. § 18.66.100. If a stranger, a casual acquaintance, a neighbor, or an obsessed coworker is targeting you, you cannot get a DV order. Instead, you must petition for a Stalking Protective Order under Alaska Stat. § 18.65.850. This specific order is designed precisely for victims who have no domestic or intimate partner relationship with their harasser.
The Process of Securing the Protective Order
To start the process, you must submit Form CIV-752, Alaska, Alaska Court System, Petition for Stalking Protective Order at your local courthouse in Fairbanks, Juneau, or wherever you reside. You must describe specific incidents where the person engaged in a course of conduct under Alaska Stat. § 11.41.270 that placed you in reasonable fear for your safety.
Evidence Needed for Online Cyberstalking
Stalking does not always mean someone is following you in a car. Cyberstalking is incredibly prevalent. If a harasser is sending you hundreds of emails, tracking your location via GPS tags, or creating fake social media profiles to threaten you, this qualifies for a protective order. You must print out timestamps, screenshots of threatening messages, and any police reports. The judge needs tangible evidence that a "course of conduct" (more than one isolated incident) occurred.
How Long an Ex Parte Order Lasts in Alaska
When you file your petition, you can ask for an "ex parte" order. This means the judge reviews your evidence immediately, without the harasser present. If the judge believes you are in immediate danger, they will grant a temporary 20-day ex parte protective order under Alaska Stat. § 18.65.855(a). Law enforcement will then serve the order on the stalker. Before the 20 days expire, a full "long-term" hearing will be scheduled where the harasser has the right to defend themselves. If you win that hearing, the judge can extend the stalking protective order for up to one year.
What to Do if the Harasser Violates the Active Order
A protective order is only as strong as its enforcement. If the judge orders the stalker to stay 500 feet away and cease all communication, and they send you a single text message or drive past your house in Wasilla, they have committed a crime. Do not respond to them. Immediately call the local police or the Alaska State Troopers, Palmer. Violating a stalking protective order is a Class A misdemeanor under Alaska Stat. § 11.56.740, and law enforcement is authorized to make a mandatory arrest if there is probable cause that a violation occurred.
Costs of Hiring a Lawyer vs. Representing Yourself Pro Se
You are legally allowed to file for a protective order "pro se" (without a lawyer). However, hiring an attorney ensures your evidence is admitted correctly during the contested long-term hearing.
| Legal Service / Expense Type | Estimated Range (USD) |
|---|---|
| Court Filing Fee for Stalking Petition | $0 (Waived for stalking/DV victims under Alaska Stat. § 18.65.865(b)) |
| Process Server Fees (if required) | $0 (Police usually serve these for free) |
| Attorney Representation (Flat Fee) | $1,500 - $3,500 for the hearings |
| Hourly Attorney Rate | $250 - $450 per hour |
Frequently Asked Questions (FAQ)
Can I get a protective order if they never physically harmed me?
Yes. Stalking and harassment laws in Alaska are based on whether the person's repeated behavior placed you in reasonable fear of death or physical injury, even if they have not actually touched you.
Will a stalking protective order prohibit the harasser from possessing firearms?
Generally, no. A stalking protective order under Alaska Stat. § 18.65.850 does not automatically prohibit the respondent from possessing firearms. The federal firearm ban under 18 U.S.C. § 922(g)(8) applies strictly to intimate partners and household members involved in domestic violence cases. Because non-domestic stalking orders involve parties without an intimate relationship, firearm surrender is not automatic under Alaska law, although a judge retains equitable authority to prohibit weapon possession if specifically justified by the evidence.
What happens if I miss the 20-day long-term hearing?
If you fail to show up for the scheduled long-term hearing, the judge will automatically dismiss your temporary ex parte order, and the harasser will no longer be legally required to stay away from you.
Can a stalking order protect my children too?
Yes. When filling out the petition, you can ask the judge to include your minor children as protected parties if the stalker's actions also pose a direct threat to them.
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