Disclaimer: the material provided on this site is general in nature, and is not intended to constitute legal advice for particular circumstances. No one should rely on this site in lieu of legal advice provided by a licensed Alaska  attorney who is experienced in Alaska law. If you have a legal question involving Alaska law, you should contact an Alaska lawyer experienced in this area. Alaska state laws, statutes, guidelines, administrative rules, and case law are constantly changing, and the author makes no guarantee that the information is currently accurate, although efforts are made to keep the information up-to-date. Furthermore, visiting this site alone does not constitute attorney-client privilege.

Gary L. Stapp Law Office

MY SPOUSE HAS MADE A FALSE CLAIM AND THE COURT ISSUED AN ORDER OF PROTECTION KEEPING ME FROM THE FAMILY HOME

You need to meet with an experienced attorney immediately!

The consequences of this action cannot be taken lightly. Sometimes an unscrupulous spouse will make this type of a false claim to merely keep you out of the family home. During that time, your spouse has access to key documents and property while you have no access to any of this due to the restraining order. Do not delay seeking legal assistance, especially if this false order is separating you from your children!

WHAT IS AN ORDER OF PROTECTION?

An Order of Protection is also commonly referred to as a “Restraining Order” or DVPO which essentially restrains or prevents one person from making contact with another person. This order typically requires one person to stay at least 1500 feet away from the other person.



CAN I FILE FOR AN ORDER OF PROTECTION FROM MY SPOUSE?

You can file for an Order of Protection if you are in “reasonable apprehension of bodily harm” from your partner or family member. You can also file for an order of protection if you are the victim of the one of the following offenses by a partner or family member:



  •  assault or aggravated assault
  •  intimidation
  •  partner or family member assault
  •  criminal endangerment or negligent endangerment
  •  assault on a minor
  •  assault with a weapon
  •  unlawful restraint
  •  kidnapping or aggravated kidnapping
  •  arson

Restraining Orders

See also our sections on

IN A COMPLAINT FOR DISSOLUTION… I DON’T UNDERSTAND THE SUMMONS AND STANDING INJUNCTION THAT ARE PART OF IT.

The good news is…that is fine. This is standard procedure. There are two types of restraining orders. There is an economic restraining order and the other restraining order many attorneys commonly refer to as the “DV Protective Order” which typically applies in domestic violence situations.


All divorces filed in Alaska include an economic restraining order found in a document called a “Summons and Standing Injunction.” Alaska courts want to keep the parties from selling, hiding, and otherwise disposing of property, or basically liquidating the marital estate while the divorce is pending (absent a few exceptions). The economic restraining order is intended to keep everything intact so the assets can be fairly distributed and divided at the conclusion of the dissolution.

WHAT IS COVERED IN AN ORDER OF PROTECTION?

Most Orders of Protection, or DVPO’s prevent one person from having contact with another person. If an Order of Protection has been issued, the other party is usually restrained from committing further acts of abuse or threats of abuse against the protected person. Also, the other party can be ordered to stay at least 1500 feet away from the protected person’s home, workplace, vehicle, children’s school/daycare, and other places as further listed and identified by the court.

CAN THE COURT ISSUE AN ORDER OF PROTECTION WITHOUT EVEN TALKING TO ME?

Yes. All your spouse needs to do is provide the court with a written statement under oath. In that statement, your spouse needs to allege that he or she is in “reasonable apprehension of bodily harm” or that he or she was the victim of a criminal offenses. Then, the court can issue a temporary order of protection. Usually, this temporary order of protection stays in place for twenty days (or slightly longer) until the court hearing. At your hearing, you should have experienced counsel by your side to help represent you.

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