(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 ____________________.
(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, Sec. 72 ch 64 SLA 1996].
Section: Previous 18.65.510 18.65.515 18.65.520 18.65.530 18.65.540 18.65.590 NextLast modified: November 15, 2016