Womens Legal Rights Handbook

Women’s
Legal
Rights
Handbook
2007 Edition
2 Women’s Legal Rights Handbook
WOMEN’S
LEGAL
RIGHTS
HANDBOOK
Funding for this project was provided through the Council on Domestic Violence and
Sexual Assault. This project was supported by Grant No. 2006-WF-AX-0005 awarded
by the Office on Violence Against Women, U.S. Department of Justice. Points of
view in this document are those of the author and do not necessarily represent the
official position or policies of the U.S. Department of Justice, Office on Violence
Against Women.
ACKNOWLEDGMENTS
The Alaska Network on Domestic Violence & Sexual Assault and the Alaska
Joint State-Federal Courts Gender Equality Task Force first updated this
handbook in 1998. This sixth edition has been revised to reflect changes in the
law since the last printing in 2004. The Alaska Network on Domestic Violence
& Sexual Assault’s Legal Advocacy Project will continue to update the
handbook on a regular basis.
This handbook is designed to inform women in Alaska about the law and how it
applies to them, but it is not intended to serve as legal advice nor to replace the
services of an attorney.
The information in this handbook is based upon the law in effect on January 1,
2007. However, laws are subject to change by the courts and the legislature.
For advice about a specific legal problem or for more in-depth information, you
should contact an attorney.
Any corrections or suggestions to the handbook should be sent to Kari

Robinson with the Legal Advocacy Project at 130 Seward Street Suite 209,
Juneau, AK 99801 907-586-5643 ext. 24. Initial copies of the handbook are
free and can be requested from the Legal Advocacy Project.
This handbook can also be found online at www.andvsa.org
Special thanks to former Governor Tony Knowles’s Office for transferring the
copyright from the former Alaska Women’s Commission to ANDVSA.
Copyright ©2007, ©2004, ©2001, ©1998 Alaska Network on Domestic Violence & Sexual
Assault (ANDVSA).
Alaska Network on Domestic Violence & Sexual Assault

130 Seward Street, Suite 209
Juneau, AK 99801
CONTENTS
1. Introduction 6
2. Legal Representation 9
3. Employment 18
4. Credit, Debt Collection, & Bankruptcy 41
5. Criminal Law and Victims’ Rights 48
6. Violence Against Women — Domestic Violence, Sexual Assault,

Stalking, & Human Trafficking 57
7. Inheritance & Estate Planning 92
8. Names, Name Changes, Social Security Number Changes, &

Birth Certificates 100
9. Involuntary Commitment 103
10. Adoption 108
11. Reproductive Rights 112
12. Parent and Child 123
13. Marriage and Domestic Partnerships 129
14. Divorce, Dissolution, Child Custody, & Child Support 134
15. Public Assistance 160
16. Working with Immigrant Crime Victims 166
Glossary of Legal Terms 170
Resource Directory 187
Personalized Safety Plan 201
Alaska Network on Domestic Violence & Sexual Assault Member

Programs________________________________________________210
Chapter One
INTRODUCTION
Alaska has passed a state equal rights amendment guaranteeing Alaskan women the
legal right to be treated equally. However, women often face problems exercising this
right: they may have difficulty obtaining work because of their sex; they may be
unable to collect support from former husbands; they may not obtain a fair property
settlement when leaving a non-marital relationship; or they may face discrimination
or harassment in their workplace.
This handbook outlines legal rights affecting women in various areas. Be aware,
however, that the law can change and is sometimes difficult to interpret. If you have
a legal problem, try to consult an attorney or government agency.
SOURCES OF YOUR RIGHTS person is to be denied the enjoyment

of any civil or political right because
The law concerning your rights is a of race, color, creed, sex, or national
combination of: origin.”
• The federal Violence Against
• the Constitutions of the United Women Act and the Alaska
States and the State of Alaska; Domestic Violence Prevention and
• statutes passed by federal or state Victim Protection Act of 1996.
legislatures; • Regulations passed by the
• regulations passed by government Department of Health and Social
agencies; Services regulating day care
• court rules enacted by the courts; facilities.
and • Alaska Civil Rule 90.3, which
• federal and state case law. establishes standard rules and
formulas for child support in divorce
Examples of the above include: and child custody cases.
CONSTITUTIONS, STATUTES,
• Title VII of the Civil Rights Act of
RULES, REGULATIONS, AND
1964, a federal law prohibiting
COURT DECISIONS
discrimination in employment.
• The 1972 amendment to the Alaska Courts interpret federal and state laws,
Constitution that includes an equal regulations, and constitutions in
rights provision that reads: “No individual cases. Much law is set by the
Introduction 7
written opinions of judges at the domestic violence protective orders);

Supreme Court and Court of Appeals and
levels of the legal system. The decisions • criminal law, where the government
or cases are published in books called prosecutes someone for committing
reporters. You can check statutes, rules, a crime.
regulations, constitutional provisions, or
cases yourself if there is a state law Civil cases result in damages or a
library in your area. Ask the librarian determination of each party’s rights.
for assistance. Criminal cases result in fines, probation,
or jail sentences. Some actions involve
Relevant statutes, regulations, rules, and both civil and criminal law.
cases are cited throughout this book. The
following abbreviations are used: FEDERAL AND STATE LAW
AS- Alaska Statutes Federal law involves constitutional

AAC- Alaska Administrative Code guarantees and statutes. Federal statutes
USC- United States Code do not usually govern family life. The
CFR- Code of Federal Regulations federal government generally leaves the
ARCP- Alaska Rules of Civil Procedure areas of inheritance, divorce, parent and
ARE- Alaska Rules of Evidence child relationships, and juvenile
P.2d- Pacific Reporter (Second) delinquency to the state.
The numbers before and after the State laws vary. This is particularly true
abbreviations refer to chapters and concerning marriage and family life. Do
sections of the laws. The citation for not assume that the law of another state
cases gives the names of the parties, applies in Alaska or that Alaska laws
volume, reporter, page number, state, apply in other states.
and year of decision, as in Smith v.
Jones, 830 P.2d 437 (Alaska 1992). TRIBAL LAW AND COURTS
CIVIL AND CRIMINAL LAW Native Alaskan tribes have distinct legal
rights and powers. For example, the
The law is divided into two broad areas: federal Indian Child Welfare Act [25
U.S.C. §1901 et seq.] limits the State’s
• civil law, where persons or intervention and powers in cases
institutions sue each other (such as involving the placement or adoption of
divorce/child custody actions, Native Alaskan children. Tribes also
have power to decide issues involving • Legal Resources Information

tribal members, including regulation of Pamphlet
domestic relations among members, • Understanding Alaska’s Domestic
rules of inheritance for members, and Violence Protective Order Process
determination of tribal status. [Matter of
• Teaching Kids About Courts:
F.P., 843 P.2d 1214 (Alaska 1992).]
Educational programs for students
sponsored by the Alaska Court
The authority of Alaska tribes and tribal
System
courts to decide issues involving non-
tribal members and property issues is
FAMILY LAW SELP-HELP
unsettled. Legal disputes involving
CENTER
Alaska Natives or their lands may be
subject to tribal custom, law, or rules
You can access the Family Law Self-
that apply with the same force and effect
Help Center (FLSHC) providing
as state or federal laws.
information, court forms, and assistance
on how to navigate the legal system for
GOING TO COURT
the general public on the topics of
divorce, dissolution, child custody, and
Where possible, it is advisable to have
child support.
the assistance of an attorney if you are
sued or wish to sue someone. [See
Chapter Two for more information.] The
Alaska Court System has many
handbooks on rights, remedies, and use
of the court system that you might find
helpful. The handbooks are free and
available at any state court. Some of the
handbooks that are available include:
• What is a Guardian Ad Litem?

• Child in Need of Aid Proceedings
• Mental Health Commitments
• Misdemeanor Arraignments
• Depositing Your Will
• Court Administered Child Custody/
Visitation Investigations
Legal Representation 9
Chapter Two
LEGAL REPRESENTATION
Women with legal problems should consult with an attorney if possible. If the legal
problem is complex, she may need to retain an attorney to represent her. This is the
ideal; however, there are circumstances (usually lack of money) that may force a
woman to represent herself.
When do I need an attorney? governing this problem?
The best time to see an attorney is before Some of the circumstances that may
a problem occurs – not when you are in require professional legal assistance are:
legal trouble. Preventative law can save
time, trouble, and money. Many • buying or selling real estate;
situations involving legal rights and • major financial transactions;
responsibilities can be handled without
• signing a lease or contract with
the assistance of an attorney. However,
major financial considerations;
if you are about to undertake a major
obligation or if circumstances are • marriage, divorce, child custody, or
confusing, consult an attorney. An adoption;
attorney can analyze the legal • if you are involved in a lawsuit;
implications of a situation, offer advice, • if you are arrested or charged with a
and decide how best to protect your crime;
rights. • starting or closing a business;
• drafting a Will or other estate
To help you decide if you need an planning;
attorney, ask yourself these questions:
• if you have tax concerns or financial
problems;
• What is at stake?
• when you have a serious accident;
• What are the consequences if the and
problem is ignored?
• when you make appearances,
• Are there other ways to solve the applications or appeals to
problem? government agencies or boards.
• How much is it likely to cost to hire
an attorney?
• Am I knowledgeable about the law
Why can’t I handle my own legal and phone calls, including dates, times,
problems? names, and summaries of conversations.
Follow-up with a letter whenever
You may represent yourself in court and possible .
handle your own legal matters. Self-help
“kits,” pro se packets, and preprinted Keep letters short, concise, and
forms are sometimes available. businesslike. If possible, use plain
However, these items may not consider businesslike stationary. Keep copies of
individual needs, differences, and all correspondence. Keep copies of
complications. information that may be useful such as
receipts, tax records, and licenses.
Many laws are complex and are
frequently changed. Attorneys are If you need something done by a certain
trained to explain the law, to provide time, set a clear deadline in a letter. You
legal assistance, and to be aware of court may want to send letters by certified
procedures, filing requirements, mail if you need to have a record that
deadlines, and other details which a non- they were received.
attorney could easily overlook. This role
is important since judges and court Be punctual and businesslike when you
personnel are not allowed to give you meet with people. If possible, arrange
legal advice. childcare so you are able to give your
full attention to the attorney. Prepare for
REPRESENTING YOURSELF meetings and think about which
documents you may need to have with
If possible, make an appointment with you.
an attorney for a consultation. Some
attorneys give reduced rates for the first Representing yourself is no substitute for
half hour or hour consultation. If you having an attorney represent you. If at all
decide to pay for a short consultation, try possible, make arrangements to get legal
to prepare for it in advance. Think about counsel. If you cannot pay for an
the questions that are most important to attorney, you may qualify for free help
ask. You may want to prepare notes to from Alaska Legal Services. [See the
take with you. Resource Directory at the back of this
handbook for the office nearest you.]
One of the things to keep in mind if you You also should check whether you or a
must represent yourself is to put things relative is entitled to legal help through a
in writing. Keep notes on conversations union benefit plan. You might consider
borrowing money to ensure that you are Center can provide legal
well represented. information, not legal advice or
strategy, and confirms that there is
FAMILY LAW SELF-HELP no attorney representing the caller.
CENTER The facilitator then asks the caller
basic information to determine the
The Family Law Self-Help Center is a type of case, the procedural posture,
free statewide public service provided by and identify what the caller is trying
the Alaska Court System dedicated to to accomplish. The facilitator will
helping self-represented people achieve provide background information
a better understanding of family law about the issue at hand, present
procedures, increasing access to family options, and discuss specific forms.
law courts, and facilitating quicker If the person needs additional
resolution of family law matters. The assistance, the facilitator will
Center also provides referrals to social schedule a follow-up call. The
service and legal organizations and facilitator cannot review forms for
government agencies. The following accuracy or completeness.
services are available: • Free Self-help Computer/Printer
Workstations:
• Self-Help Center Website: In cooperation with Alaska Legal
www.state.ak.us/courts/selfhelp.htm Services Corporation, the Family
The website provides comprehensive Law Self-Help Center has deployed
information about divorce, seven workstations at various courts
dissolution, child custody, child for use by self-represented people in
support, and paternity. The page is any type of civil case. These
easy to use and has detailed workstations provide access to
information and downloadable forms unlimited internet service, Microsoft
and instructions for virtually all Word and Excel software, and
commonly experienced situations. telephones with local access and pre-
• Statewide Telephone Helpline: programmed speed dialing to
907-264-0851 / 1-866-279-0851 relevant statewide providers. The
The statewide Helpline is available self-help workstations are located in
to anyone without a lawyer and Anchorage, Fairbanks, Juneau,
strives to provide appropriate legal Ketchikan, Kenai, Kodiak, and
education to help people help Palmer.
themselves. In a typical call, the
facilitator first explains that the
How can I find an attorney? and experience with your particular

problem. If you do not feel comfortable
There are several ways to locate an with an attorney you have interviewed, it
attorney: is okay to interview and choose another
attorney.
• If you know an attorney, ask for a
recommendation to an attorney who Can I change attorneys?
handles the type of case you have.
• Ask a friend who has had a similar You have a right to expect competent
case to recommend the attorney they representation. If you are unhappy with
used. the attorney you chose to handle your
case, there are several things you can do:
• Check the Yellow Pages of the
telephone directory under Attorneys
Fields of Practice to locate an • Talk with your attorney to express
attorney who works in the area of your concerns. You may want to
law you need. send a letter that outlines your
specific complaints. Allow the
• Contact the Alaska Bar Association
attorney an opportunity to correct
to obtain a list of attorneys who
the problem.
belong to a particular section of the
Alaska Bar Association that deals • If you are still dissatisfied, you may
with your type of case, e.g. family discharge your attorney. In most
law or bankruptcy. instances, you may inform the
attorney of your decision to
The Alaska Bar Association also terminate her/his services, and the
provides a service called Lawyer attorney must then withdraw from
Referral. [See the Resource Directory at representation. In some situations,
the end of this handbook for contact withdrawal may be obtained only by
information.] This service will give you order of the court. You and your
the names of three attorneys who attorney have a contractual
consider referrals of the kind of case you relationship. Even if you discharge
have and who guarantee to charge a set an attorney, you may have to pay a
fee for the first half hour of the reasonable amount for the work
appointment. already done on your case, as well as
for costs that have already been
You may find it in your best interest to incurred.
interview more than one attorney • If you believe that your attorney has
regarding their fee schedule, attitude, acted improperly, you may contact
the Alaska Bar Association Office when calling for an appointment with an
for more information about your attorney. Some attorneys have a policy
rights. of “no charge for the initial
consultation,” while others charge for a
LEGAL FEES client’s first visit.
When should legal fees and costs be If after an initial visit you decide not to
discussed? take further action, you are under no
obligation to proceed. However, you will
It is appropriate and important to discuss be expected to pay for the initial visit
fees when you first visit an attorney. unless you are advised or promised
You have a right to know how you will otherwise.
be charged, how much the case is likely
to cost, and when you have to pay. Is a written fee agreement necessary?
Various factors and arrangements may A clear understanding of fees is

influence the costs of legal services. important to the attorney-client
Your attorney can explain how fees are relationship. No matter which fee
computed and may outline options arrangement you agree to, the attorney
available to you. The attorney can must provide a written agreement if the
sometimes provide a reasonable estimate fee exceeds $500. An attorney must
of the time and costs involved in serving advise you in writing or if she or he does
your particular needs. not have malpractice insurance of a
required amount. The attorney must
Your attorney will want you to be advise you in writing later if that
satisfied not only with the service insurance drops below that amount or is
provided, but also with the fee you are terminated. If you have any questions
charged. Candid discussions about fees about the written agreement, you should
and your ability to pay will avoid ask questions and clarify them before
misunderstandings and help you decide you sign. You should keep a copy of the
if you want to retain the attorney. signed agreement.
Should I expect to pay an initial Who is responsible for the fee?

consultation fee?
As the client, you are responsible for
Policy and practices vary. Don’t hesitate paying legal fees and expenses. In some
to ask about the initial consultation fee court cases, a judge may award a partial
or full fee to be paid by an opposing • Gather pertinent information before

party. meeting with your attorney. Write
down names, addresses, and
When is the fee payable? telephone numbers of all persons
involved in the matter.
In many cases, an attorney will require a • Be organized. Bring letters,
deposit before agreeing to handle your documents, and other relevant
matter. Such payment can assure the papers to the first meeting with your
attorney’s availability and may be attorney. Summarize essential facts.
applied to initial work and expenses. Write down questions you want the
Attorneys must follow strict regulations attorney to answer.
for the safekeeping and accounting of
• Be concise in all interviews with the
these deposits and all client funds.
attorney.
Fee arrangements vary depending on the • Answer questions fully and honestly.
type of service, personal preferences, • Avoid unnecessary telephone calls
and attorney practices and policies. Be to the attorney.
sure you understand your options and • Be informed and keep your attorney
obligations when your case is first informed. Discuss ways you can
discussed. help, such as obtaining documents,
lining up witnesses or providing
What if I think the fee is too high? other assistance to reduce costs.
If you have questions about a bill, If you are getting divorced but have no
contact your attorney and discuss it. legal benefits or money, you still should
Most attorneys maintain detailed records consult an attorney. Ask if the attorney
of time spent and expenses associated will take your case for future court-
with each case and can itemize or ordered attorney fees or go to court to
thoroughly explain any charges you get your spouse to give you money to
think are confusing or improper. pay your attorney. The attorney you
choose may be willing to wait for a fee
Can I do anything to reduce legal at the end of the case if you can help pay
expenses? costs along the way.
The following suggestions may help You must have a written fee agreement
reduce legal costs: between yourself and your attorney in
the form of a letter or a contract if the
fee exceeds $500. This agreement can bank information, medical records, or
keep you from later having a dispute employment records. Also, ask the
over your bill. You can tell the attorney attorney what documents and
not to work more than a specified information you should bring in to the
number of hours and not to run up high office on your first visit.
costs in your case without telling you
what she or he is doing. Be aware that attorneys charge for their
time. You will be billed for the time
Divorce case fees are usually charged by spent talking with your attorney both in
the hour. Personal injury and some the office and on the telephone. Try to
employment cases are usually handled call only when necessary. Ask the
on a contingent fee basis, which attorney’s secretary questions that are
generally means the attorney receives a not legal in nature.
portion of any recovery actually received
and the client pays the costs of Realize that your attorney only provides
representation. legal services. The attorney is not your
counselor, parent, minister, etc. Many
Some laws, such as the federal Equal people have emotional issues associated
Employment Opportunity Act, award with their legal problems, especially if
attorney’s fees if you win. In Alaska, a they are getting a divorce. Many
spouse may have to give the other domestic violence programs and
spouse money for attorney fees in a women’s resource centers have trained
divorce if that spouse has more assets or advocates who can help you sort out
earning power. Alaska courts give the your feelings and discuss your options.
winning side an attorney’s fee award in
some cases. [Civil Rule 82.] If you are not happy with the service you
are getting from an attorney, you can
WORKING WITH AN ATTORNEY always fire that attorney and hire another
one. Some women stay with attorneys
Do not be intimidated by your attorney. that are not working out for them
Do not hesitate to ask questions even if because they think it will be too
you are embarrassed. Remember, your expensive to change. In some instances,
attorney is there to help you and answer a woman may be better off making a
your questions. change in attorneys and incurring the
costs associated with the change. If you
Ask what you can do to save money on need to fire your attorney, ask for a copy
your legal bill, e.g., gathering your own of your file so that you can give it to
your new attorney. review and investigate as needed. [See

the Resource Directory at the end of this
LEGAL ASSISTANTS/ handbook for contact information.] The
PARALEGALS Bar Association provides a form for you
to fill out. Just because you do not like
Many attorneys employ legal assistants the way things turned out does not
(also known as paralegals) to help them necessarily mean that your attorney
with their work. Legal assistants cannot acted in bad faith or did not serve you as
represent people in state or federal well as possible.
courts. In some instances, they can
represent a client in administrative FEE DISPUTES
hearings before the Workers’
Compensation Board, Social Security You may file a complaint (known as a
Administration, Wage and Hour petition) with the Alaska Bar
Administration, etc. Working with an Association if you think you were
attorney who has a legal assistant can overcharged by your attorney. The Bar
save you money since the assistant’s Association has a form to use for filing
hourly rate is usually considerably lower this petition. An arbitration panel, which
than the attorney’s hourly rate. Legal is a group of three people (one of whom
assistants are also employed by many is not an attorney), will rule on the claim
governmental agencies. if it exceeds $5,000. If the dispute
involves less than $5,000, one member
COMPLAINTS ABOUT of the Panel will hear your case. The
ATTORNEYS decision of the Arbitration Panel is final
unless it is appealed in accordance with
Attorneys are required to practice in AS 09.43. The fee arbitration service is
accordance with the Alaska Rules of provided free of charge to you unless, in
Professional Conduct (ethical standards an unusual case, it is “complex”
for attorneys). A violation of these rules arbitration. [Alaska Bar Rules 34-42.]
can subject the attorney to discipline by
the Bar Association or the Alaska FUND FOR PROTECTION OF
Supreme Court. CLIENTS
If you think your attorney is not acting in The Alaska Bar Association administers
your best interests, you may file a a Lawyers’ Fund for Client Protection to
complaint against the attorney with the provide reimbursement when an attorney
Alaska Bar Association and they will has taken money or property by
dishonesty and there is no other source

for reimbursement. You may apply for
assistance by filling out an application
through the Bar Association. You should
first report any dishonest conduct to the
Bar Counsel of the Bar Association
because, generally, no money will be
reimbursed to you until the counsel
completes any disciplinary action.
[Alaska Bar Rules 45-60.]
Chapter Three
EMPLOYMENT
Employment discrimination is one of the most common complaints in employment
disputes. It can include sex discrimination, sexual harassment, age discrimination,
religious discrimination, discrimination because of a physical or mental disability,
pregnancy discrimination, or discrimination based upon a person’s race, ethnicity,
national origin, or religion. If you believe that you are a victim of employment
discrimination, you should know about the federal, state, and local laws designed to
protect you.
In addition to discrimination, other common complaints in employment disputes

involve wrongful termination, including breach of contract and breach of the
covenant of good faith and fair dealing, wage and hour violations, and violations of
whistleblower statutes.
EMPLOYMENT DISCRIMINATION someone who is familiar with these

laws. You can contact your human
What is employment discrimination? resources or personnel representative, a
private attorney through the Lawyer
Discrimination occurs when an employer Referral Service of the Alaska Bar
treats an employee differently in hiring, Association, and/or one of the local,
firing, paying wages, promotions, work state, or federal agencies listed at the end
assignments, awarding benefits, or other of this chapter and in the Resource
terms and conditions of employment Directory at the end of handbook. There
because of certain attributes of the are important time limits on filing a
employee, such as the employee’s sex, complaint of employment
race, or age. discrimination. You should file your
complaint as soon as possible with one
How can this chapter be helpful? of the local, state, or federal agencies. In
general, you must file your complaint
The following is an overview and within 300 days for the Equal
general discussion of employment law.
If you think that you have been a victim It is important to contact one of the
of an illegal employment practice, local, state, or federal agencies as
including discrimination, you should soon as possible to determine your
discuss the facts of your situation with legal rights and options.
Employment 19
Employment Opportunity Commission protected classes. [AS 18.80.220 (a)

(EEOC) and 180 days for the Alaska (3) & (6).]
State Commission on Human Rights • Employers, labor organizations or
(ASCHR). employment agencies may not
retaliate against a person who has
What are the Alaska laws regarding opposed practices forbidden under
employment discrimination? the Human Rights Act. [AS
18.80.220 (a) (4).]
Alaska’s comprehensive Human Rights • Employers may not pay women less
Act provides protection from a wide than men for the same work. [AS
variety of discriminatory practices. It 18.80.220 (a) (5).]
prohibits the following:
Under Alaska law, discrimination is
• The Alaska Human Rights Act (AS prohibited by any employer (even with
18.80.220) prohibits discrimination only one employee), labor union, or
on the basis of race, religion, color, employment agency. However, certain
national origin, age, sex, physical or non-profit clubs, including fraternal,
mental disability, marital status, charitable, educational, or religious
changes in marital status, and associations or corporations may be
pregnancy or parenthood. These are excluded from the definition of
the protected classes under state law. employer in the statute. [AS 18.80.300.]
• Employers may not discriminate in
compensation or in a term, What are the federal laws regarding
condition, or privilege of employment discrimination?
employment because a person is a
member of one of the protected The following laws prohibit a variety of
classes, unless the reasonable discriminatory practices:
demands of the job require a
distinction. [AS 18.80.220 (a) (1).] • Federal laws, such as Title VII of the
• Labor organizations may not Civil Rights Act of 1964;
discriminate against members of the • the Age Discrimination in
protected classes. [AS 18.80.220 (a) Employment Act (ADEA) of 1967;
(2).] • the Americans with Disabilities Act
• Employers, employment agencies or (ADA) of 1990;
others, such as newspapers, may not • the Equal Pay Act (EPA) of 1963;
advertise jobs in such a way as to
• the Rehabilitation Act of 1973;
discriminate against members of the
• Title IX of the Education customers. See Chapter 11 for more

Amendments of 1972; and information about pregnancy
• Title VI of the Civil Rights Act of discrimination .
1964
What is the Age Discrimination in
What is Title VII of the Civil Rights Employment Act (ADEA) of 1967?
Act of 1964?
This Act protects applicants and
This comprehensive Act prohibits employees 40 years of age or older from
discrimination in hiring, promotion, discrimination on the basis of age in
discharge, pay, fringe benefits, job h i r i n g , p r o mo t i o n , d i s c h a r g e ,
training, classification, referral, and compensation, terms, conditions, or
other aspects of employment on the basis privileges of employment.
of race, color, religion, sex, or national
origin by employers with 15 or more What is the Americans with
employees. Disabilities Act of 1990?
What is the Pregnancy Discrimination Title I of the Americans with Disabilities

Act? Act (ADA) protects qualified applicants
and employees with disabilities from
This is an amendment to Title VII of the discrimination in hiring, promotion,
Civil Rights Act of 1964. discharge, pay, job training, fringe
Discrimination on the basis of benefits, classification, referral, and
pregnancy, childbirth, or related medical other aspects of employment on the basis
conditions constitutes unlawful sex of disability. The law also requires that
discrimination under Title VII. Women covered entities provide qualified
who are pregnant must be treated in the applicants and employees with
same manner as other applicants or disabilities with reasonable
employees with similar abilities or accommodations that do not impose
limitations. An employer cannot refuse undue hardship.
to hire a woman because of her
pregnancy-related condition as long as What is the Equal Pay Act of 1963?
she is able to perform the major
functions of the job. An employer cannot This Act prohibits sex discrimination in
refuse to hire her because of prejudices payment of wages to women and men
against pregnant workers, or the performing substantially equal work in
prejudices of co-workers, clients, or the same establishment.
Employment 21
What is the Rehabilitation Act of federal or state law, the employee may
1973? be entitled to hiring, promotion,
reinstatement, back wages and benefits,
This Act prohibits employment and future wages and benefits if she can
discrimination on the basis of a handicap show a reduction in her earning capacity.
in any program or activity that receives Compensatory damages for emotional
federal financial assistance, such as the distress or pain and suffering and
federal government, state agencies, or punitive damages may also be granted.
federal contractors.
There are caps under federal law on the
What is Title IX of the Education a mo u n t o f c o mb i n e d f u t u r e ,
Amendments of 1972? compensatory, and punitive damages.
The caps range from $50,000 to
This Act prohibits discrimination on the $300,000 depending on the size of the
basis of sex in educational programs or employer. In 1997, the Alaska State
activities that receive federal financial legislature passed a “tort reform” bill
assistance. that put caps on compensatory and
punitive damages under state law. [AS
What is Title VI of the Civil Rights 9.17.020.] Check with your attorney to
Act of 1964? find out the possible tax consequences
for awards of lost income.
This Act prohibits discrimination on the
basis of race, color, or national origin in What type of conduct is prohibited
programs or activities receiving federal under Title VII?
financial assistance.
There has been a great deal of publicity
Retaliation against a person who files a regarding sexual harassment and hostile
charge of discrimination, participates in environment. One of the greatest
an investigation, or opposes an unlawful misconceptions in this area concerns the
employment practice is prohibited by all protected classes. If the adverse
of these federal laws. employment action or harassment is not
due to the employee being a member of
What happens if the employment one of the “protected classes,” the action
practice is found to be is not discrimination. (The employer
discriminatory? may still be subject to liability for some
other illegal employment practice or for
If discrimination is found under either breach of its employment policies.) For
example, if a supervisor or employer is employment laws. Usually the state

abusive to all employees without regard agencies will refer you to the appropriate
to the employee’s race or sex, there may federal agency when necessary. See the
not be a cause of action for Resource Directory at the end of this
discrimination or “hostile environment.” handbook for contact information.
There is developing case law finding SEX DISCRIMINATION

liability in situations in which both men
and women are working in an abusive What is a sex discrimination claim?
environment but women find vulgarities
directed at them as offensive sexually, Both federal and state law prohibit
while the men are more tolerant and join discrimination on the basis of sex. For
with the sexual bantering among men. example, under state or federal law a sex
In EEOC v. NEA (National Education discrimination claim could be based on
Association) female employees sued the following: (1) a woman, as a female,
their employer claiming that a is a member of a protected class; (2) she
supervisor’s behavior (yelling at applied for a job [or a promotion]; (3)
employees with little or no provocation, she was qualified for the job and was
engaging in shouting rants, aggressive rejected; (4) after her rejection, the
physical gesturers, and barking position remained open and the
commands) constituted a hostile work employer hired men with her
environment. The Ninth Circuit found qualifications. [Alaska State Commission
that while Title VII does not protect for Human Rights v. Yellow Cab, 611
against generally brutish or oppressive P.2d 487 (Alaska 1980).]
behavior while at work, the “because of
sex” requirement was fulfilled because What is sexual harassment?
the evidence in the record showed that
his behavior was worse toward women Sexual harassment is a form of sex
than men. discrimination and is prohibited under
both state and federal laws. [French v.
Who is responsible for enforcing Jadon, Inc., 911 P.2d 20 (Alaska 1996);
anti-discrimination and other Meritor Savings Bank v. Vinson, 477
employment laws? U.S. 57 (1986).] Sexual harassment
violates Title VII of the Civil Rights Act
There are local, state, and federal of 1964 and AS 18.80.220.
agencies responsible for enforcing anti- Unwelcome sexual advances, requests
discrimination laws and other for sexual favors, and other verbal or
Employment 23
physical conduct of a sexual nature is important to promptly use any

constitute sexual harassment when employer complaint mechanism or
submission to, or rejection of, this grievance system available if possible.
conduct explicitly or implicitly affects
an individual’s employment, Gender harassment, whether sexual or
unreasonably interferes with an not, is unlawful. Harassment based on
individual’s work performance, or age, disability, race, or any other
creates an intimidating, hostile, or protected ground is also unlawful.
offensive work environment.
The federal Equal Employment
Sexual harassment can occur in a variety Opportunity Commission (EEOC) has
of circumstances, including but not issued guidelines to prevent and define
limited to the following: sexual harassment as: “unwelcome
sexual advances, requests for sexual
• The victim and/or the harasser may favors, and other verbal or physical
be a woman or man. The victim does conduct of a sexual nature [that] has the
not have to be of the opposite sex. purpose or effect of unreasonably
• The harasser can be the victim’s interfering with an individual’s work
supervisor, an agent of the employer, performance or creating an intimidating,
a supervisor in another area, a co- hostile, or offensive working
worker, a customer/client of the environment.” [29 C.F.R. 1604.11.]
employer, or a non-employee.
Alaska law requires certain employers to
• The victim does not have to be the
post information on inquiries and
person harassed but could be anyone
c o m p l a i n t s c o n ce r n i n g s e x u a l
affected by the offensive conduct.
harassment. [AS 23.10.440.] Employers
• Unlawful sexual harassment may with 15 or more employees are required
occur without economic injury to, or to post a notice, prepared by the State
discharge of, the victim. Commission for Human Rights, that:
• The harasser’s conduct must be
unwelcome. • states the federal definition of sexual
• The harassment must be due to the harassment;
victim’s sex. • advises employees of the name,
address, and telephone number of
If it is safe, it is best for the victim to the state and federal agencies to
directly inform the harasser that the which inquiries and complaints
conduct is unwelcome and must stop. It concerning sexual harassment may
be made; and liable for a supervisor’s discriminatory

• sets out the deadlines for filing a acts. The labels of “quid pro quo” and
complaint of sexual harassment with “hostile environment” are no longer
the agencies listed above. controlling for employer-liability
purposes. [Faragher v. City of Boca
What are the two types of sexual Raton, 97-282, and Burlington Industries
harassment? v. Ellerth, 97-569.]
“Quid pro quo” and “hostile How can a woman show she has been
environment” are the two types of sexual sexually harassed?
harassment. “Quid pro quo” sexual
harassment is the easiest to identify. It To show sexual harassment, a woman
occurs when a supervisor who controls must show that she is a member of a
an employee’s terms and conditions of protected class and that she is being
employment attempts to exchange harassed because of her sex. Even if
benefits at work for sexual favors from harassing behavior lacks sexually
the employee. [Meritor Savings Bank v. explicit content, if the conduct is
Vinson, 477 U.S. 57 (1986).] “Hostile directed at or motivated by hostility
environment” sexual harassment is against women, there can be a hostile
unwelcome behavior that happens environment claim. [Robinson v.
because of your sex. The conduct must Jacksonville Shipyards, Inc., 760
be especially severe or pervasive that it F.Supp. 1486 (M.D. Fla. 1991).] In a
interferes with work performance or hostile environment claim, the harasser
creates a hostile or unpleasant work can be a supervisor, co-worker,
place. Verbal conduct such as jokes, subordinate, or even a customer or
remarks, or bantering, in addition to subcontractor of the employer. The
touching, visuals, gestures, and other victim is not required to have a wage
conduct that may be sexual in nature can loss because of the sexual harassment;
create a hostile work environment. that is, you are not required to be
terminated or turned down for a
In the past, the distinction between “quid promotion or raise in order to have a
pro quo” and “hostile environment” valid claim. In all hostile environment
sexual harassment was important in cases, the conduct complained of must
determining employer liability for a be so severe or pervasive that it created a
supervisor’s acts. Two recent United hostile workplace.
States Supreme Court decisions have
made it easier for employers to be held
Employment 25
What makes an employer legally This is one of the reasons it is important

responsible for sexual harassment by to use an employer complaint
co-workers and non-employee mechanism or grievance system, if
harassment? possible.
If an employer has notice, or should How can a woman show that the
have had notice, of sexual harassment, harassment is unwelcome?
the employer must take action. It is this
failure to take action that makes the The victim will be required to establish
employer legally responsible for sexual that the conduct of the harasser was
harassment. An employer will be unwelcome. An Alaska case, French v.
deemed to have “constructive notice” if Jadon, Inc., 911 P.2d 20 (Alaska 1996),
the workplace is permeated with sexual indicates that a woman must report that
conduct. the conduct was unwelcome by reporting
the harassment, keeping a diary, or
What is an employer’s liability for telling someone.
supervisor sexual harassment?
What if a woman engages in sexual
In Faragher v. City of Boca Raton and conduct for fear of losing her
Burlington Industries v. Ellerth, the employment?
Supreme Court held that employers are
liable for sexual harassment by a If an employee submits to unwelcome
supervisor, regardless of whether the advances or participates in sexual banter
employer knows about specific incidents out of fear of being ostracized from the
of harassment, if it resulted in a tangible work group or of losing her job, she may
employment action such as firing, failure still have a valid claim for sexual
to promote, or loss of job benefits. The harassment. For example, the EEOC
employer can assert an affirmative guidelines clarify that even if a woman
defense if the harassment did not cause a has participated in sexual banter with co-
tangible employment action. The workers, unwelcome sexual touching by
employer must show that they exercised a supervisor may still constitute a valid
care to prevent and correct promptly any sexual harassment claim.
sexually harassing behavior and that the
employee unreasonably failed to take Does the sexual harassment need to be
advantage of any preventive or directed at the victim?
corrective opportunities provided by the
employer or to otherwise avoid harm. The sexual harassment does not need to
be directed at the victim to be offensive, What should you do if you are a

unwelcome and actionable. That is, if victim of sexual harassment in the
sexual harassment directed at others is so workplace?
pervasive as to offend others in the
workplace, those employees may have a If you are faced with sexual harassment
claim. in the workplace, take steps to deal with
the situation before quitting your job.
Can you have a claim of sexual Review your employer’s policy on
harassment against someone of the sexual harassment if there is one, and try
same sex? to follow the procedures regarding
reporting sexual harassment.
Yes. Sex discrimination consisting of
same-sex sexual harassment is If you are being treated unfairly, make
actionable under Title VII and AS sure to document incidents to support a
18.80.220. [Joseph Oncale v. Sundowner complaint. Brief written notes on what
Offshore Services, Inc., 118 S. Ct. 998 happened, when the incident happened,
(1998).] and who was there are useful in
refreshing your memory at a later date
Is it considered sexual harassment if and showing a pattern of unfair
you are denied benefits in favor of treatment.
those who participate in exchanging
sexual relations for job benefits? You may also want to contact the Alaska
State Commission for Human Rights, the
Possibly. One case decided by the Anchorage Equal Rights Commission,
United States Court of Appeals involved the United States Equal Employment
a hostile work environment at the Opportunity Commission, or the Alaska
Securities and Exchange Commission. Bar Association Lawyers’ Referral
The court held that third parties can be number. [See the Resource Directory at
injured by a sexual relationship between the end of this handbook for contact
two other parties if they are denied job information.] There are important time
benefits. [Broderick v. Ruder, 685 F.2d limits on filing an employment
1269 (D.DC 1988).] discrimination complaint. It is important
to contact one of the local, state, or
federal agencies as soon as possible to
determine your legal rights and options.
Employment 27
WAGE DISCRIMINATION fringe benefits.
What are Alaska’s laws regarding In what way do jobs have to be equal
wage discrimination? to qualify under the equal pay act?
Alaska’s comprehensive Human Rights A number of court cases have

Act makes it illegal to pay people established that jobs need be only
differently because of race, religion, substantially equal, not identical, in
color, national origin, age, sex, marital order to be compared for purposes of the
status, changes in marital status, Act. Job descriptions or classifications
pregnancy or parenthood, or mental or are irrelevant in showing that work is
physical disabilities (protected classes). unequal unless they accurately reflect
This includes benefits and overtime. job content and mental as well as
[AS 18.80.220 (a) (1) & (5).] physical effort must be considered.
What are the federal laws regarding Some typical defenses that are raised by
wage discrimination? the employer under equal pay act claims
include a factor other than sex such as
At the federal level, the Equal Pay Act education or training differences.
of 1963 amended the Fair Labor
Standards Act (FLSA) to prohibit pay PREGNANCY DISCRIMINATION
discrimination because of sex. This
requires employers to pay equal wages What is the federal law regarding
to men and women working under pregnancy discrimination?
similar working conditions where they
are performing equal work on jobs At the federal level, the Pregnancy
requiring equal skill, effort, and Discrimination Act of 1978 amended
responsibility. Pay differences based on Title VII to include under the definition
a seniority or merit system that measures of sex any discrimination based upon
earnings by quantity or quality of pregnancy, childbirth, or related medical
production are permitted. Employers conditions. This Act makes it unlawful
may not reduce the wage rate of any for an employer to refuse to hire a
employee in order to eliminate illegal woman because she is pregnant unless
wage differences. The law is interpreted pregnancy interferes with the major
as applying to “wages” in the sense of all tasks associated with the job. [42 U.S.C.
employment-related payments, including § 2000e (k).]
overtime, uniforms, travel, and other
What is Alaska’s law regarding Supreme Court stated that the

pregnancy discrimination? University’s health care benefits plan,
which provided benefits to employees
State law also makes it illegal to and their dependents, discriminated on
discriminate on the basis of pregnancy or the basis of marital status by providing
parenthood. [AS 18.80.220 (a) (1).] For greater benefits to married employees
the most part, Alaska State law provides than unmarried employees. Thus, this
the same coverage as the federal was a violation of AS 18.80.220.
legislation, but is to be more liberally However, the Alaska legislature
interpreted than federal law for the amended AS 18.80 in 1996 to overrule
purpose of eradicating discrimination. Tumeo, providing that “an employer
[AS 18.80.220 (a) (1).] may . . . provide greater health and
retirement benefits to an employee with
What is the federal law regarding a spouse or dependent children than are
pregnancy and medical leave? provided to other employees.” [AS
18.80.220 (c).] Another Alaska Supreme
The federal Family and Medical Leave Court case clarified that marital
Act (FMLA) requires that an employer discrimination does not cover a situation
must keep a woman’s job open in where an employee is treated adversely
accordance with the same conditions because of the particular individual to
afforded fellow employees on disability whom she is married. [Muller v. BP
or sick leave if she is on leave for a Exploration, Inc., 923 P.2d 783 (Alaska
pregnancy-related condition. [29 U.S.C. 1996).]
§ 26.] An Alaska law applying to state
employees has similar requirements for What is the current federal law
pregnant employees. [AS 23.10.500 et regarding employer’s coverage of pre-
seq.] State and federal law also require existing conditions?
employee benefit and leave programs to
treat pregnancy like any other medical The Health Insurance Portability and
condition. Accountability Act of 1996 (HIPAA)
requires group health insurers to cover
Must an employer provide the same workers with pre-existing conditions.
benefits to married and unmarried This act makes it easier for workers to
employees? change jobs without fear of losing health
insurance coverage.
In University of Alaska v. Tumeo, 933
P.2d 1147 (Alaska 1997), the Alaska
Employment 29
AMERICANS WITH DISABILITIES against an employee with a physical or

ACT mental disability if “the reasonable
demands of the position do not require
What is the Americans with such a distinction.” [AS 18.80.20; (See
Disabilities Act? also 6 AAC 30.910.)] The Alaska courts
will use federal law as guidance in
Title I of the Americans with Disabilities interpreting state laws on disability
Act of 1990 (ADA) prohibits an discrimination. [See Moody-Herrera v.
employer from discrimination on the State Dept. of Natural Resources, 967
basis of physical or mental disability. P.2d 79 (Alaska 1988).]
[42 U.S.C. § 12101 et seq.] The ADA
also prohibits discrimination in public What can I do if I believe I am being
accommodations and transportation, discriminated against on the basis of a
which are beyond the scope of this disability?
section. You may contact the U.S.
Department of Justice or the local If you feel that you have experienced
Disability Law Center if you need discrimination in the workplace because
assistance in this area. [See the Resource of a disability, there are a number of
Directory at the end of this handbook for agencies with which you may file a
contact information.] The ADA complaint, including the Equal
prohibits discrimination against qualified Employment Opportunity Commission,
individuals with disabilities who can the Alaska State Commission for Human
perform the essential functions of the job Rights, and the Alaska Office of Equal
with or without reasonable Employment Opportunity (if you work
accommodations. The federal for the state). If you are alleging a
Rehabilitation Act of 1973 also prohibits violation of Title I of the ADA, you must
discrimination on the basis of a physical file a complaint with an appropriate
or mental disability by the federal agency before you can file a lawsuit.
government and its agencies, federal There are deadlines for filing agency
contractors, state governments, and other complaints. If you miss the deadline, you
programs that receive federal funds. [29 may lose your right to file a lawsuit.
U.S.C. § 701 et seq.] This is a complicated area of the law,
and you should consult with an attorney
What is the Alaska law on disability with experience in employment law as
discrimination? soon as possible. For more information,
contact the Disability Law Center. See
Alaska state law prohibits discrimination the Resource Directory at the end of this
handbook for contact information. What are the requirements for

employers and employees regarding
FEDERAL FAMILY AND FMLA leave?
MEDICAL LEAVE ACT
An employee is required to provide the
What is the federal Family and employer with notice prior to the leave
Medical Leave Act? and to make efforts to schedule
treatment so as not to “unduly” disrupt
The federal Family and Medical Leave the operations of the employer. [29
Act (FMLA) of 1993 requires certain U.S.C. § 2612 (e).] The employer may
employers with 50 or more employees to require medical certification from the
provide up to 12 weeks of leave per year employee regarding the leave. During
for eligible employees for the birth or FMLA leave, an employer must
adoption of a child or due to a serious maintain coverage for an eligible
health condition of the employee or employee for the duration of her leave.
close family member. [29 U.S.C. § 2612 [29 U.S.C. § 2614(c).] There is no
(a) (1).] An employee is eligible for comparable state law requiring
FMLA leave if she has worked 12 employers to provide leave to private
months for the employer for at least sector employees. However, state law
1250 hours. [29 U.S.C. § 2611 (2).] This does provide leave benefits to state
law requires employers to return employees under AS 23.10.500 et. seq.
employees to the same or an equivalent This law allows state employees up to 18
position after the leave. [29 U.S.C. § weeks of leave, contrasted with 12 under
2614 (a).] However, an employer may federal law.
deny restoration to the same or similar
position if the employer would suffer What should I do if I have questions
“grievous economic injury” and notifies about these family leave acts?
the employee of the harm. [29 U.S.C. §
2614 (b) (1).] Also, leave may be denied Check your employer’s policies and
to a salaried employee among the procedures regarding leave or contact
highest paid ten percent of employees the state or federal Departments of
within 75 miles of the facility in which Labor, which are the agencies
employee is employed. [29 U.S.C. § responsible for enforcement of these
2614 (b) (2).] laws.
Employment 31
WRONGFUL TERMINATION/ for the reasons in writing. Even if your

BREACH OF EMPLOYMENT union will not file a grievance for you,
CONTRACT you may be required to file it yourself. If
you fail to file a grievance, you may be
When can an employer take action precluded from filing a claim in court. In
against an employee? most cases, if you or your union do file a
grievance, you may be required to
An employer is not prevented from exhaust your union remedies before you
disciplining or discharging people who file an action in court. Thus, you will be
are not performing up to the employer’s required to take such a claim to
expectations. Likewise, employers are arbitration, if allowed. After the
not required to hire people who are not arbitration, you may be limited to an
qualified for the job. appeal of the arbitration only; you may
not be able to file an original suit. It is
What should I do if I think my very important that you are well
employer has breached my prepared for the arbitration with your
employment contract? testimony and documentary exhibits. If
you do not have a union assisting you,
Alaska State law provides that the you may want to contact an attorney.
employment relationship constitutes a The Lawyer Referral Service of the
contract between the employee and the Alaska Bar can refer you to an attorney
employer. who handles these types of matters. See
If you are a union member, usually you handbook for contact information.
will have a collective bargaining
agreement, which is a special type of What if I am not a union member?
employment contract. If you are a union
member and have a dispute with your If you are not a member of a union with
employer, you should check the collective bargaining agreement
collective bargaining agreement or remedies, your employment contract is
contact your union representative governed by the employer’s personnel
immediately. The time frames for filing policies and procedures and possibly
a union grievance are very short – other promises your employer made to
sometimes just a few days. You should you. These promises may include those
ask your union representative to grieve made prior to your accepting
any adverse employment action. If your employment, or if you made a
union refuses to do so, you should ask substantial change in your position to
take the employment, you may have an you should review those policies and
enforceable contract. The Alaska procedures since your employer is
Supreme Court has said that an employer required to follow them. If you are
need not have employment policies and required to take steps under the policy to
handbooks; if they do, however, the object to adverse action, you should do
rules and policies constitute a contract so within the time frames allowed. If you
and must be followed. do not understand the policies and
procedures, you may want to contact
In what other situations can an your human resources representative or
employee bring a claim against an an attorney.
employer?
What are the laws in Alaska regarding
Employees in Alaska may also bring a personnel files?
claim against the employer for breach of
the covenant of good faith and fair Alaska law allows employees to obtain
dealing. Among other things, the copies of their personnel files and any
covenant requires an employer to follow other records that the employer
any policies and procedures it has maintains regarding the employee. If you
established, to treat like employees alike, want a copy of your personnel file, you
and to not terminate employees for false should send or hand deliver a letter to
reasons. An employer is not allowed to the employer, addressed to the person in
deprive the employee of benefits earned charge of personnel, and state in your
under the contract and is required to act letter: “Please consider this a formal
in good faith and deal fairly with request for a copy of my personnel file
employees. Employees also cannot be and any other records you maintain
terminated for reasons that are against regarding me pursuant to AS 23.10.430.
public policy, e.g., discharge for jury I am willing to pay reasonable copying
duty or filing a workers’ compensation costs. I would like to pick up a copy of
claim. the file by [fill in the date].”
What should I do if I am not a WHISTLEBLOWER PROTECTION

member of a union and my employer
takes action against me? Are there laws that will protect me if I
report matters of public concern?
If your employment is covered by
personnel policies and procedures and There are state and federal laws that
your employer takes action against you, protect employees from adverse
Employment 33
employment action based on the when a woman leaves home in the

employee’s reporting matters of public morning to go to work. For example, the
concern. Under federal law, employees victim and the batterer may work
are protected from adverse employment together, or the batterer may come to the
actions when they report environment victim’s job and harass or assault her at
violations. These claims must be filed work. Laws regarding discrimination,
through the federal Department of harassment, wrongful termination, and
Labor, and the timelines for filing are leave may all be particularly important
short – usually 30 days. You should for working women dealing with
contact an attorney or the federal domestic or sexual violence.
Department of Labor if you are an
“environmental whistleblower.” Can sexual harassment laws cover
workplace violence?
Under state law, state and other
government employees are protected Sexual harassment may include verbal
from adverse employment action if they harassment, workplace rape, and sexual
report matters of public concern. [AS assault. It can involve domestic violence,
39.90.100(a).] These claims could such as when intimate relationships
include reporting discrimination or between co-workers become violent and
abuses in the government office in which physical or verbal abuse is brought into
you work. There is currently a two year the workplace. For example, the U.S.
statute of limitations for filing a state Supreme Court’s landmark 1986
whistleblower’s claim. You may be decision outlawing sexual harassment,
required to inform your employer in Meritor Savings Bank v. Vinson,
writing concerning the matter. [AS concerned the bank’s liability for a
39.90.110(c).] supervisor’s repeated unwelcome sexual
advances toward, and the sexual assaults
VICTIMS OF DOMESTIC of, a female employee (with whom he
VIOLENCE OR SEXUAL ASSAULT had had a prior social relationship). [477
& THE WORKPLACE U.S. 57, 73 (1986).]
(This section is adapted from The Impact of Does workers’ compensation cover
Violence in the Lives of Working Women: injuries related to domestic or sexual
Creating Solutions-Creating Change. Copyright
©2000 by NOW Legal Defense and Education violence?
Fund, 395 Hudson, Street, New York, NY 10014,
Tel. 212-925-6635.) Workers’ compensation provides no-
fault, generally exclusive coverage for
Domestic violence does not always stop work-related injuries as defined by state
laws. The amount of recovery is limited Can an employer be liable for

by state statute. Some women and their domestic or sexual violence against an
families have recovered workers’ employee?
compensation awards for injuries
resulting from sexual assaults, rapes, and Where workers’ compensation does not
murders that occurred at work, whether limit recovery, women may pursue state
they were committed by a supervisor, a tort claims for their employers’ role in
customer, or an intimate partner who the violence. For example, employers
tracked the victim on her job. [See, e.g., may be liable for rapes and sexual
Williams v. Munford, Inc., 683 F.2d 938, assaults if the perpetrator used the
940 (5th Cir. 1982).] Where injuries are authority his employer vested in him to
found to be exclusively covered by commit the attack. A company also
workers’ compensation, employees are could be liable for its failure to take
not permitted to bring negligence claims prompt and remedial action once it knew
against their employers in court and are or should have known of the risk of the
limited to the damages available under attack.
the state workers’ compensation statute.
An employer may be liable for
Exceptions in workers’ compensation negligently hiring or retaining an
laws in many states allow women to employee who later injured someone in
pursue tort claims against employers for the course of the job. Some courts have
damages resulting from violent incidents held companies liable when they knew
such as rape and sexual assault. In or should have known that the employee
addition, a number of courts have might commit a violent act or when they
refused to restrict a woman’s recovery to could foresee that the employee, through
the more limited amounts generally his employment, would create a risk of
available under workers’ compensation danger. [See, e.g., Watson v. Bally Mfg.
laws, holding instead that workers’ Corp., 844 F. Supp. 1533, 1537 (S.D.
compensation statutes only apply when Fla. 1993), aff’d, 84 F.3d 438 (11th Cir.
the employee’s status as an employee 1996).] For example, one court found
precipitated the attack or rape. Thus, if that an employee’s record (sexual
an assault or rape is found to be harassment of female co-workers, threats
committed for “personal” reasons (e.g. to male co-workers, and sexual advances
the victim knew her attacker), workers’ and threats to the female employee he
compensation may not apply. ultimately killed) made it foreseeable
that he could act violently and created a
duty of care by the company to take
steps to prevent further harm to the
Employment 35
victim. [Yunker v. Honeywell, Inc., 496 Is an employee who has to leave work
N.W.2d 419, 424 (Minn. Ct. App. because of domestic or sexual violence
1993).] In responding to complaints that eligible for unemployment
their employees committed violent acts, compensation?
however, company officials must take
care not to violate other legal obligations Women who have left their jobs as a
nor to jeopardize the rights of the result of domestic violence, workplace
accused. For example, in many rapes, or other forms of sexual
jurisdictions, companies may not harassment may be eligible for
discriminate against employees who unemployment benefits in some states if
have criminal records unless the they can prove that they quit for
employer’s action was based on job- “compelling” reasons that constituted
related factors. “good cause.” Each state has its own
definition of what constitutes “good
Do occupational safety and health cause.” In an increasing number of
laws apply when there is violence in states, women who have left their jobs
the workplace? because of domestic violence are able to
receive unemployment compensation, in
Federal and state occupational safety and most circumstances, under a “good
health laws require employers to make cause” provision that explicitly covers
sure their employees work in safe domestic violence.
environments. The federal Occupational
Safety and Health Act of 1970 Can the Americans with Disabilities
(“OSHA”) contains a “general duty Act of 1990 apply when an employee is
clause” that requires every employer to a victim of domestic or sexual
provide a workplace free from violence?
recognized safety hazards. [ 29 U.S.C. §
654(a) (2000).] State laws impose An employee who has a disability due to
similar requirements. OSHA’s general domestic or sexual violence and is able
duty clause may be interpreted to require to perform the essential functions of a
employers to take reasonable steps to job may not be terminated, demoted,
protect workers from violent attacks in harassed, or otherwise disadvantaged
the workplace. because of her disability and may be
entitled to “reasonable accommodations”
under the Americans with Disabilities
Act (ADA), as discussed elsewhere in
this chapter. Employees who are dealing
with domestic violence may experience
many forms of abuse that cause mental How do I make a complaint if I have
and/or physical disabilities which would been discriminated against?
qualify them for protection under the
ADA. Reasonable accommodations may Complaint procedures can vary
include time away from the office for considerably depending on the type of
appointments with doctors, modified claim being made and how it is being
work schedule, additional training or pursued. It is important to file your
supervision, a transfer, or medical leave. complaint promptly. Check with an
attorney or the agency you are working
Can the Family and Medical Leave with early in the process to establish the
Act apply when an employee is a deadlines for filing a claim in court. A
victim of domestic or sexual violence? written complaint is necessary under
most discrimination laws. If you decide
An employee who needs time off from to pursue a claim of discrimination, you
work for herself or a family member for should be aware that the deadlines for
a “serious health condition” resulting certain actions are very short and strict.
from domestic or sexual violence may be If you are unsure about how the law
entitled to job protected leave under the might apply to a specific situation, call
federal Family and Medical Leave Act the agency that handles those
as discussed in this chapter. complaints. They either will know the
law or refer you to the agency that does.
RESOURCES With requests for grievances or
investigations by your union or your
What do I do if I am the victim of employer, it is safest to file written
discrimination? complaints or requests.
If you think you have been the victim of Where can I file a charge of
discrimination, you can hire an attorney discrimination?
to advocate for you, and/or you can
pursue a claim through one of the local, You may file a charge of discrimination
state, or federal agencies responsible for with the United States Equal
enforcing the laws that cover Employment Opportunity Commission
discrimination. (EEOC) or the Alaska State Commission
for Human Rights (ASCHR) if you
believe you have been discriminated
against by an employer, labor union, or
employment agency when applying for a
Employment 37
job or while on the job because of your Directory at the end of this handbook for
race, color, sex, religion, national origin, contact information.] To avoid delay,
age, disability, marital status, pregnancy, call or write beforehand if you need
or parenthood. You also may file a special assistance to file a charge.
charge of discrimination with EEOC or
ASCHR if you believe that you have What is a Notice of Right to Sue letter
been discriminated against because of issued by EEOC?
opposing a prohibited practice or
participating in an equal employment The issuance of a Notice of Right to Sue
opportunity matter. See the Resource letter ends EEOC’s process with respect
Directory at the end of this handbook for to your charge. You may file a lawsuit
contact information. against the respondent named in your
charge within 90 days from the date you
How do I file a charge with the Alaska receive this notice. You should keep a
State Commission for Human Rights? record of this date because once this 90-
day period is over, your right to sue is
An individual aggrieved by an alleged lost. If you intend to consult an attorney,
discriminatory practice prohibited by AS you should do so as soon as possible.
18.80.100-145 may file a written
complaint with the Commission. Your lawsuit may be filed in state court
Complaints must be filed with the or the United States District Court.
Alaska State Commission for Human Filing the notice is not sufficient. A
Rights (ASCHR) within 180 days of the court complaint must contain a short
alleged discriminatory act. It may be statement of the facts of your case that
filed in person or by mail at any shows that you are entitled to relief.
Commission office. The Commission’s Generally, suits are brought in the state
staff will assist you with drafting and where the alleged unlawful practice
filing the complaint. You can contact occurred, but in some cases can be
ASCHR at 1-800-478-4692 for more brought where relevant employment
information. records are kept, where the employment
would have been, or where the
How do I file a charge with the respondent has its main office.
EEOC?
You may contact EEOC if you have any
Charges may be filed in person, by mail, questions about your rights, including
or by telephone by contacting the nearest advice on which court can hear your
EEOC office. [See the Resource case, or if you need to inspect and copy
information contained in the case file. may want to ask how much experience
(Additionally, many EEOC offices can the attorney has with these types of
provide you with names of private cases. Try to find an attorney who is
attorneys who have agreed to consider recommended for his or her work in this
referrals for private litigation.) area.
Do I need to file my complaint with What are the state agencies/

both the Equal Employ ment commissions?
Opportunities Commission and See the Resource Directory at the end of
Alaska State Commission For Human this handbook for contact information
Rights? for these agencies.
No. A complaint filed with one agency is • The Alaska State Commission for
considered filed with the other due to a Human Rights (ASCHR) is the state
work sharing agreement. agency that enforces the Alaska
Human Rights Law. The
Is it important to file employment Commission maintains an
discrimination complaints promptly? investigative unit in Anchorage. The
Commission has statewide powers
Yes. There are strict time frames in and accepts complaints from all
which employment discrimination regions of the state. At the present
claims must be filed. It is important to time, if an individual has a
file complaints promptly to preserve the discrimination action in the
ability of the local, state, or federal Commission, the individual can only
agency to act on your behalf and to recover actual wage and benefit
protect your right to file a private lawsuit damages. There can be no recovery
if needed. for emotional distress or punitive
damages in the Commission.
How can I find an attorney for my (However, emotional distress and
employment discrimination claim? punitive damages are available
before the federal EEOC and in a
Employment law and employment state court civil suit under AS
discrimination law are specialized areas 18.80.220.) An Alaska Supreme
of practice. You may call the Alaska Bar Court ruling explains the
Association Lawyer Referral Service at requirements to get a hearing with
1-800-770-9999 for the numbers of the Commission. [State Department
attorneys who practice in this area. You of Fish and Game v. Meyer, 906
Employment 39
P.2d 1365 (Alaska 1995).] for these agencies.

• The Office of Equal Employment
Opportunity (OEEO) is an • The Anchorage Equal Rights
administrative unit located in the Commission (AERC) is the agency
Office of the Governor that is that handles complaints regarding
responsible for ensuring fair discrimination that occurs within the
employment practices in state municipal boundaries of Anchorage.
government. It monitors the state • The Disability Law Center of Alaska
affirmative action plan for the is the statewide protection and
employment retention and advocacy agency mandated under
advancement of women, minorities, federal law to promote and protect
the handicapped, and other the legal and human rights of
disadvantaged workers. OEEO only individuals with disabilities. The
monitors state government; it does Center provides education, systems
not have authority outside of state advocacy, and direct representation
employees. Even if you file a in areas such as special education,
discrimination claim with the social security and other
OEEO, you may also want to file a entitlements, and enforcement of the
complaint with the ASCHR or Americans with Disabilities Act and
EEOC since you are still required to other disability laws. The Center has
file timely with the Commissions. authority to conduct investigations
• The Department of Labor enforces of incidents of abuse or neglect of
state law regarding certain fair labor individuals with disabilities.
practices. This division is
responsible for assisting employees What are the federal agencies?
who have worked in the private See the Resource Directory at the end of
sector and have not been paid wages this handbook for contact information
due to the employees for overtime, for these agencies.
minimum wage, or other wage
complaints. The State Department of • The U.S. Equal Employment
Labor Wage & Hour Administration Opportunities Commission (EEOC)
also enforces the state law regarding is the federal agency charged with
family leave. enforcing federal laws outlawing
employment discrimination. As a
What are the local agencies? practical matter, EEOC, ASCHR,
See the Resource Directory at the end of and AERC have a work sharing
this handbook for contact information agreement. If you file with one
agency, your complaint will be

simultaneously filed with the other
agencies, although only one agency
will investigate.
• The U.S. Department of Labor is
charged with enforcing federal wage
and hour laws, such as overtime and
minimum wage; it also enforces the
federal Family and Medical Leave
Act and federal whistleblower laws.
• The Office of Federal Contract
Compliance Programs is a federal
agency charged with monitoring
federal contractors for equal
employment opportunity and
affirmative action practices. This
agency has an office in Anchorage.
There are other federal agencies which

may be able to assist you in pursuing a
claim of discrimination.
Credit, Debt Collection, & Bankruptcy 41
Chapter Four
CREDIT, DEBT COLLECTION, & BANKRUPTCY

You may not be denied credit because of your sex or marital status. The standards
used to determine whether someone is a good credit risk must be the same for
everyone. You have the right to establish credit in your own name even if you are
married. You have the right to know why you were denied credit.
FEDERAL CREDIT REPORTING the major credit reporting companies

RULES each year. If you detect an error or
dispute the legitimacy of a report, you
In the past, people did not have the right have the right to contact the credit
to know why they were denied credit. reporting company and advise them of
Now, under the Fair Credit Reporting your dispute. While the dispute is being
Act [15 U.S.C. §§ 1681], a creditor or resolved, future reports issued must note
lender must tell you the name of the that the liability is disputed.
credit reporting agency that investigated
you. If unfavorable information comes Creditors must follow certain procedures
from another source – such as the when billing you and must advise you
grapevine – the creditor must tell you the about how to contact them if there is an
nature of the information. You have the error on your statement. [15 U.S.C. §§
right to challenge the information in the 1637.] The Federal Trade Commission
credit report and to request an enforces the Fair Credit Billing Act for
investigation. You have a right to see the almost all creditors except banks.
contents of the report. You can request a
copy of your credit report even if you Given the widespread problems with
have not been denied credit. identity theft, it is important to
periodically review your credit report. If
Credit bureaus report on the types of you have filed bankruptcy, it is
your credit accounts, your timeliness in important for you to review your report
paying bills, and whether you were ever six months or so after you receive your
sued, have filed for bankruptcy, or have discharge, as some creditors may still be
had your property foreclosed on. reporting your discharged liability as a
current liability or charged off. Such
You have the right to receive one free action is a violation of both the Fair
copy of your credit report from each of Credit Reporting Act and the permanent
stay under the Bankruptcy Code. If a out whether both spouses are entitled to
credit report discloses such a claim, you use the account. If both spouses use the
can contact the company in writing and account, the creditor must report credit
demand that they correct the report. in each person’s name. This means that
Include a copy of your discharge order married women can establish their own
and ask for the company to provide you credit simply by having joint accounts
with an updated credit report removing with their spouses.
the liability as current and outstanding
and reporting it as discharged in Questions about your age or marital
bankruptcy. If the credit reporting status are not prohibited by the Equal
company fails to do so, you can contact Credit Opportunity Act. One reason is
an attorney who has experience in that agencies may take your race or age
litigating consumer law issues. You may into account to give elderly or
sue in federal court for both damages disadvantaged persons favorable
and the costs of such action. treatment. Another reason is that it is
reasonable for the agency to inquire
What federal protections do I have about age or marital status to determine
against credit discrimination? probable future income.
The federal Equal Credit Opportunity Many federal agencies, particularly the
Act [15 U.S.C. §§ 1691] and Regulation Federal Trade Commission, have the
B [12 CFR 202.001] prohibit duty to enforce the Equal Credit
discrimination in credit because of race, Opportunity Act. If you are denied credit
color, religion, national origin, sex, based on one of the prohibited
marital status, and age. The Act says that categories, you have a right to action by
spouses have the right to apply for the Federal Trade Commission, Office of
separate credit reporting. If your spouse the Comptroller of the Currency.
has a bad credit rating or too many
debts, you may want to maintain What state protections do I have
separate credit. There can be no against credit discrimination?
discrimination because a credit applicant
receives public assistance. The only age The Alaska Fair Credit law [AS
discrimination permitted is that no one 18.80.250] says that an institutional
has to give credit to a minor under age creditor cannot refuse credit or loans
18. because of “sex, physical or mental
disability, marital status, changes in
For joint accounts, creditors must find marital status, pregnancy, parenthood,
race, religion, color, or national origin.” Practices Act (15 U.S.C. §§ 1692) offers
The state law is similar to the federal protection to individuals from certain
laws. The state also forbids creditors types of debt collection practices.
from denying credit to a spouse or Among the practices that are prohibited
requiring both spouses to have a single is conduct by the collector that is likely
account. to harass, oppress, or abuse a person in
connection with the collection of the
How can I get relief from credit debt. A debt collector may not use any
discrimination? false, deceptive, or misleading
representations or means in their effort
If you are denied your rights under state to collect a debt. The Act also regulates
or federal law, first ask the creditor for communication between the collector,
all of the information you need. Insist on the debtor, and third parties such as
correcting wrong information in your employers and landlords. The Act
file. Complain to the agency regulating provides for civil liability and statutory
the creditor. You may then consider a damages if it is violated. If you have
suit in state or federal court. If you win questions about your rights under this
in court, you can get your actual federal legislation, you should contact an
damages and attorney’s fees, and in attorney who practices in this area of the
some cases, punitive damages. You can law. The Alaska Bar Association may be
also have the court order the creditor to able to refer you to an appropriate
extend credit. individual to assist you if you are unable
to locate a knowledgeable attorney
If you believe the lender or creditor through your telephone directory.
discriminated against you for improper
reasons, you can also file charges with If you do discuss your situation with
the Alaska State Commission for Human your creditors, you may be able to
Rights. See the Resource Directory at resolve the situation by establishing a
the end of this handbook for contact payment plan. Before making any
information. payments, you should insist upon
receiving a written agreement with the
BANKRUPTCY AND DEBT creditor setting forth the terms of your
COLLECTION agreement. You may be able to negotiate
a discount in the debt and interest rate if
Federal laws provide a number of you can convince the creditor that you
statutory protections to consumers from are in financial hardship. However, the
debt collectors. The Fair Debt Collection information you provide may be used by
the collection agency to identify assets debtor’s reasonable and necessary living
and any sources of income. You should expenses, and whose exemptions
insist that any agreement include a adequately protect the assets that the
provision that the creditor will take no debtor would like to retain after the
further collection action while you bankruptcy. Dischargeable debt consists
negotiate the debt before providing the of all liabilities existing before the filing
creditor with information. You also may of the bankruptcy petition except that
wish to consult with a consumer credit designated as non-dischargeable under
counselor before engaging in 11 U.S.C § 523 (a). This statutory
negotiations with your creditors or section prohibits discharging:
supplying them with information.
• u n p a i d t ax e s ( w i t h s o m e
In the event you are unable to resolve exceptions);
your financial problems by negotiation • child support, alimony, and certain
with your creditors, you can consider property settlement obligations;
bankruptcy. Federal law currently
• fines and penalties owing a
provides consumers protection against
government;
overwhelming indebtedness through two
forms of bankruptcy relief. Known as • debts incurred through fraudulent
Chapter 7 and Chapter 13, these two conduct;
forms of bankruptcy relief are designed • debts incurred after the filing of
to give individuals a fresh start in life in bankruptcy (post petition); and
terms of resolving their financial • government guaranteed student
problems. Both of these forms of relief loans.
are subject to pending legislation that
will alter their availability so it is critical Chapter 7 relief may be denied on
that you discuss your circumstances with certain grounds, including a prior
someone who is knowledgeable in discharge in bankruptcy in a case filed
bankruptcy. within six years prior to the current
filing, commission of certain fraudulent
What is Chapter 7 relief from debt? or dishonest acts, and/or inability to
explain disappearance of assets.
Chapter 7 relief is the most commonly
filed petition by consumers and is known The substantial amendments to the
as a liquidation proceeding. A Chapter 7 Bankruptcy Code became effective on
case typically involves a debtor who is October 16, 2005. Many people think
mired in dischargeable debt and whose that these amendments made filing
income is close to or less than the
bankruptcy impossible or much harder to establish her income. If her income

accomplish. This is not true; however, exceeds the median income for where
the amendments did change the she lives, she then has to go through a
requirements for filing and placed complicated test to establish that she
certain burdens on individuals seeking qualifies for a Chapter 7. If she does not
bankruptcy that were not present under qualify for a Chapter 7, then she must
the original Bankruptcy Code. file a Chapter 13. The median income
level for a two person household in
First and foremost, individuals seeking Alaska as of October 1, 2006 was
relief from creditors in bankruptcy must $60,983, a three person household was
now take credit counseling and debtor’s $68,041, and a four person household
education courses. These courses require was $76,560. These amounts get updated
the debtor to participate in an interactive every few months. As you can see, most
program through approved credit people needing Chapter 7 relief will not
counseling companies to determine if have to go through the means test. If you
you could pay your debts short of a have any questions about qualifying for
bankruptcy filing. They also teach you Chapter 7, you should contact an
financial management to avoid financial attorney who regularly practices in this
problems in the future. The credit area of the law.
counseling course takes approximately
one to two hours to complete and What is Chapter 13 relief from debt?
generally costs about $40. Upon
completion of the course, the debtor Just as the amendments to the
receives a certificate that must be filed Bankruptcy Code changed parts of the
with their bankruptcy pleadings to law relevant to Chapter 7, the
demonstrate that they have qualified to amendments also changed parts of the
file. After the bankruptcy is filed, the law relevant to Chapter 13. Chapter 13 is
debtor must complete a debtor’s known as Debt Adjustment for
education course. This takes from two to Individuals with Regular Income. A
three hours to complete and costs Chapter 13 petition for relief is most
approximately $45. Proof of completing often used in three situations:
this course must be filed with the court
before a debtor can receive a discharge. 1. The debtor cannot meet the means
test in a Chapter 7 and needs
The other hurdle for individuals is the protection from creditors.
means test. For a debtor to qualify for a 2. The debtor has debts that are not
Chapter 7 proceeding she has to dischargeable in a Chapter 7
proceeding. $2,950.
3. The debtor has assets that exceed her
exemption rights in property she What is the effect of filing Chapter 7
wishes to keep after the bankruptcy. or Chapter 13 relief from debt on the
The amendments to the Bankruptcy collection efforts of creditors?
Code no longer allow the debtor to
use her actual reasonable and A debtor is freed from the burden of the
necessary living expenses to collection efforts of creditors under
determine her net disposable income either Chapter 7 or Chapter 13
that funds a plan. The allowable bankruptcy. Creditors have to stop their
living expenses are now based on efforts to collect once the debtor has
guidelines that are published for filed her bankruptcy petition. The goal in
each state and major urban areas every bankruptcy is for the debtor to
within those states by the Internal receive a discharge. After receiving the
Revenue Service. discharge, the debtor no longer has any
personal liability for the pre-petition
Every state and federal government debt that is discharged. The debt is no
recognizes that some types of property longer legally enforceable. The concerns
are essential for maintenance of an and pressures of having to deal with the
individual’s health, safety, and welfare. pre-petition indebtedness is removed,
Therefore, every state has statutory and the debtor is free of the burden of a
exemption rights in varying amounts in mountain of debt that she could never
those types of property deemed to be repay. However, there is a cost to relief
essential. The equity that is exempt in from debt through bankruptcy.
each category of property varies from Typically, credit agencies will report
state to state and from state to federal your bankruptcy filing for a period from
government. For example, in Alaska, AS seven to ten years after the filing. You
09.38.010(a)(3) and 8 AAC 95.030 will also have to report your bankruptcy
establish an exemption amount of when filling out most loan applications;
$67,500 in a debtor’s home. The federal however, most individuals find that the
exemption is $18,450 per debtor. Thus, benefits of the bankruptcy outweigh the
if a debtor has substantial equity in her costs.
home, she may protect that equity up to
$67,500 in a Chapter 7 bankruptcy. Most public libraries contain materials
Similarly, Alaska protects up to $3,750 about bankruptcy. There are individuals
worth of equity in a debtor’s automobile, who successfully handle their own
while the federal statute protects only bankruptcies, but there are risks involved
in proceeding without the assistance of

an attorney. In large part it depends upon
an individual’s own comfort level in
learning a lot about a specialized area of
the law and then acting upon that
knowledge on their own. Generally,
lawyers practicing in bankruptcy are
well-known within their communities.
The Alaska Bar Association provides a
referral service to the public if you are
uncertain as to whom you should contact
regarding assistance in this area. See the
Resource Directory at the end of this
handbook for contact information.
Chapter Five
CRIMINAL LAW AND VICTIMS’ RIGHTS

In a criminal case, a prosecuting attorney (working for the city, state, or federal
government) decides if charges should be brought against the perpetrator. The
decision to bring charges is not just based on whether the prosecutor believes the
crime occurred, but whether the case can be proven to a jury. The prosecutor’s
burden requires proof beyond a reasonable doubt that the defendant committed the
crime charged. If even one juror does not find evidence beyond a reasonable doubt,
the offender is not convicted. This heavy burden sometimes results in cases not being
prosecuted, even though the police and prosecutor believe the victim.
Victims of crimes have certain rights and protections under state and federal law.
Alaska has an Office of Victims’ Rights and a Violent Crimes Compensation Board to
assist victims of crime.
What are the different types of crimes witness to one, you may be asked or
in Alaska? subpoenaed to testify in a grand jury or
trial proceeding. If you are served with a
Crimes are divided into felonies, subpoena, you have been ordered to
misdemeanors, and violations. Felonies appear before a judge and/or a jury. If
are serious offenses, such as murder, for you do not appear, you may be charged
which the sentence can include with the crime of contempt. If you are
imprisonment for more than a year. subpoenaed in a criminal case, you can
Misdemeanors are less serious crimes, call the prosecutor’s office for answers
such as driving while intoxicated, that to any questions you have.
can lead to imprisonment for up to one
year. Violations are minor infractions, Your local domestic violence or sexual
such as traffic tickets, that cannot be assault program can provide advocacy
punished by imprisonment and are and information about the criminal
generally punished by fines. process. See the Resource Directory at
the end of this handbook for contact
If criminal charges are filed, will I information.
have to go to court?
If you are the victim of a crime or a

Criminal Law and Victims’ Rights 49
What help can paralegals provide in order is a civil remedy, it can result in
the prosecutor’s office? criminal charges if violated.
Paralegals work to provide support and VICTIMS’ RIGHTS

information to crime victims and to
assist the prosecutor with case A victim of crime has the following
preparation throughout the criminal rights under 42 U.S.C. Section 10606(b):
justice process. They are a valuable
resource to contact if you need to find • to be treated with fairness and with
out the status of your case, your legal respect for the victim’s dignity and
rights, and options as a victim of crime privacy;
in the criminal process. • to be reasonably protected from the
accused perpetrator;
How is a criminal case different from
• to be notified of court proceedings;
a civil court case?
• to be present at all public court
A criminal case differs from a civil case proceedings related to the offense,
in several ways. Unlike criminal cases in unless the court determines that
which a government prosecutor files testimony by the victim would be
charges, civil cases are filed by people materially affected if the victim
(or their attorneys). People in civil cases heard other testimony at trial;
are asking for remedies or relief, such as • to confer with the attorney for the
money or protection, for themselves. In government in the case;
criminal cases, prosecutors are • to restitution; and
representing the “people” and trying to • to information about the conviction,
protect communities from criminal sentencing, imprisonment, and
activity. Criminal cases always involve release of the perpetrator.
some type of crime. Civil cases cover a
wide range of subjects including COMPENSATION FOR VICTIMS
protective orders (discussed in Chapter OF VIOLENT CRIMES
6), divorces and dissolutions (discussed
in Chapter 14), child custody and Alaska has a Violent Crimes
support, property division, and paternity Compensation Board that can provide
issues. compensation to victims who have been
physically or emotionally injured in a
Domestic violence protective orders are violent crime in Alaska, victims of drunk
unique because, although a protective drivers or when a car is used as a
weapon, and survivors of a homicide What is emergency compensation?

victim. This program can provide up to
$40,000 per person per incident. In the Emergency compensation is available in
case of a victim’s death where there is an amount up to $1,500 and may be
more than one dependent, up to $80,000 awarded immediately for living expenses
may be awarded. [AS 18.67.130.] See when you are injured and cannot
the Resource Directory at the end of this continue working,
Should I apply for compensation?
What are the requirements to be eligible
to apply for compensation? If you have been the victim of a violent
crime, you should apply for
• You must have reported the crime to compensation even if you are not sure
local law enforcement within five whether you meet all the eligibility
days, unless there is an explanation requirements. You will have an
why you could not report in that o p p o r tu n i ty to e x p l a i n y o u r
period. circumstances if necessary.
• You must file an application with the
program within two years from the What costs may be paid?
date of the crime.
Costs that may be paid include:
• You must cooperate with the
reasonable requests of law
enforcement officers in the • medical care for your injuries;
investigation and prosecution of the • counseling for primary victim,
crime. family members, parents of sexual
• You must not have caused or abuse victims, and child DV
contributed to your injury or death witnesses;
by violation of a state law or by your • lost wages due to crime-related
own behavior. injuries (even if reimbursed through
leave time at work);
How long will it take? • loss of support for your dependents
in the event of a homicide;
It can take three to six months to • funeral and burial costs up to $7,000
determine if you can be helped by the if you are murdered;
program. Payments will be made when • the actual/reasonable costs to
all required information is received and relocate if you are in immediate
the claim is approved.
danger; within state government. It was also to

• security measures such as a new post ensure that the director and his staff
office box, cell phone, door locks, would have the necessary independence
and/or monitored security system; to investigate criminal justice agencies
and and make appropriate recommendations
• lost wages, transportation, food, and in their effort to help crime victims and
lodging costs incurred due to their families. The law went into effect
cooperation with prosecution and/or on July 1, 2002. [AS 24.65.010-.250.]
trial attendance.
Contact information for the Alaska
The Violent Crimes Compensation Office of Victims’ Rights is in the
Board will not pay for: Resource Directory at the end of this
handbook.
• lost or damaged property;
JURISDICTION AND DUTIES OF
• pain and suffering; or OVR
• costs compensated under Workers’
Compensation or another State or Can OVR provide advocacy in court
federal program. on behalf of victims?
THE ALASKA OFFICE OF To accomplish the goal of assisting you
VICTIMS’ RIGHTS: as a crime victim and of giving force to
the above rights, OVR is authorized to
What is the Alaska Office of Victims’ protect your rights and advocate on your
Rights? behalf in state court in all felony
offenses, all class A misdemeanors
The Alaska legislature passed a law in involving domestic violence, and all
2001 that created a new agency called misdemeanors involving crimes against
the Alaska Office of Victims’ Rights the person. A felony offense is a crime
(OVR). Its purpose is to help victims of where the possible sentence upon
crime to obtain the rights they have conviction is one or more years in jail
under the Alaska constitution and and a substantial fine depending on the
statutes with regard to their contacts with class of felony. Class A misdemeanors
criminal justice agencies in this state. are those crimes punishable by up to one
OVR was created in the nature of an year in jail and up to a $5,000 fine.
Inspector General’s office within the
legislative, rather than the executive Additionally, OVR lawyers are
branch, as a way of avoiding conflicts
permitted to address the sentencing any criminal defendant is entitled to

judge on the victims’ behalf when access or receive. [AS 24.65.120.]
requested to do so by the victim and
when the victim chooses not to Some examples of information and
personally make their victim impact records available to OVR are police
statement to the judge. reports, witness statements, lab reports,
photos, taped statements, grand jury
How does OVR investigate proceedings and exhibits, officers notes,
complaints by victims? scene diagrams, dispatch records,
autopsy reports, presentence reports,
If you are a victim of crime, you have a access to all physical evidence, and
right to file a written complaint with more. All information and/or records
OVR that you have been denied any of obtained during any investigation,
the rights established by Article 1, including information and records
Section 24 of Alaska’s Constitution or subpoenaed by OVR are deemed
the victim protection laws of this state. confidential. See the Resource Directory
OVR is empowered to investigate your at the end of this handbook for contact
complaint and take appropriate action on information.
your behalf regarding your contacts with
criminal justice agencies. In conducting Can OVR assist criminal defendants?
an investigation, OVR may:
It is the policy of OVR not to accept
• make inquiries and obtain complaints from criminal defendants for
information considered necessary investigation regarding events that are
from justice agencies; connected with any prosecution with
• hold private hearings; and which they were involved, or which
occurred during a time they were a
• notwithstanding other provisions of
criminal defendant. As used in this
law, have access at all times to
policy, the term “criminal defendant”
records of justice agencies, including
means any person who is charged with
court records of criminal
any crime or who has been convicted of
prosecutions and juvenile
any crime and a period of less than three
adjudications, necessary to ensure
years has elapsed between the date of the
that the rights of crime victims are
person’s unconditional discharge by the
not being denied; with regard to
court on the prior offense and the date of
court and prosecution records, the
the alleged violation of the criminal
victims’ advocate is entitled to
defendant’s victim’s right.
obtain access to every record that
Are matters that come before OVR need of immediate medical attention.
confidential? • The right to protection from the
defendant by the judge setting bail
OVR is required by law to keep and/or conditions of release.
confidential all matters and information, • The right to protection from
as well as the identities of all harassment or threats because of
complainants or witnesses coming your involvement in this case. If
before OVR, except insofar as someone bothers you or threatens
disclosures of such information may be you, call the police or the District
necessary to enable OVR to carry out its Attorney’s Office. They may be able
duties and to support its to help in these ways:
recommendations. However, OVR may ο by contacting the person, or the
not disclose a confidential record person’s attorney, to tell the
obtained from a court or justice agency. person to stop bothering you;
ο by investigating and, if
CRIME VICTIM RIGHTS necessary, arresting and
prosecuting the person;
You have both constitutional and ο by asking a judge to put the
statutory rights as a crime victim. Your person back in jail, if the person
constitutional rights are those contained has been released; and
in Alaska’s Constitution. Statutory rights ο by providing information about
are those created by the Alaska shelter programs that may be
legislature. available in your area.
• The right to timely disposition of the
There is a person in the District
case following the arrest of the
Attorney’s Office called a Victim-
defendant.
Witness Paralegal/Coordinator who can
answer your questions and provide • The right not to be fired from your
assistance to you as a crime victim. job because you have to miss time
from work to go to court at the
If you are a victim of a crime, you have request of the prosecuting attorney.
these rights: • The right to obtain information
about and to attend all court hearings
• The right to be treated with dignity, that the defendant has a right to
respect, and fairness throughout the attend.
criminal justice process. • The right not to have your address
• The right to see a doctor if you are in released to the public.
• The right to be heard at bail hearings ο if you agree to be recorded, the

if you make a request. person must tell you that you
• The right to be told when the have a right to a copy of the
defendant will go to court for trial recording of your statement; and
and for sentencing and to be told if ο if you make a request, the
those court dates change. person must provide you with a
copy of the tape or a transcript
• The right to talk with someone from
of the interview.
the District Attorney’s office.
• The right to be told, after the In felony cases, you have the right to be
defendant is convicted, about the told the address and phone number of
defendant’s other criminal the office that will prepare a presentence
convictions. report for the judge and the right to be
• The right to choose if you want to interviewed by the person writing the
talk to the defense. The person who presentence report. If the defendant is
is charged with the crime will convicted of a felony crime, the judge
usually have an attorney to help with may order a “presentence report.” The
the case. The attorney, or a person purpose of the report is to provide
working for the attorney, may want information to the judge about the
to talk to you. There is nothing defendant, the crime, and how the crime
wrong with this, but the person must affected you. For that reason, the person
tell you when that person contacts writing the report should contact you to
you: get a victim impact statement.
ο his or her name and how he or
she is associated with the The presentence report is confidential.
defendant; Only the District Attorney, the judge, the
ο that you do not have to speak to defense attorney, and the defendant are
him or her unless you want to do allowed to read the entire report. You
so; and can read parts of the report before the
ο that you may have a District sentencing if you ask your contact
Attorney or other person present person in the District Attorney’s Office.
during the interview. Those parts are:
• If you choose to be interviewed and
the person wishes to record you, that • the summary of the offense;
person must: • the defendant’s version of the
ο get your permission to record offense;
your statement;
• the summary of your statements; and
• the sentence recommendation made

by the writer of the report. • The right to Violent Crimes
Compensation Board information
You have the right to be heard at and how to apply. The Violent
sentencing if you make a request. You Crimes Compensation Board
may be heard at sentencing by: (VCCB) is a program to reimburse
victims of violent crime for crime-
• writing a letter to the judge; related expenses such as medical
• appearing in person to speak at the bills, lost wages, and counseling
sentencing; and/or costs.
• making a victim impact statement in • The right to restitution if the
the presentence report if a defendant is convicted. Restitution is
presentence report is ordered. when the judge orders the defendant
to pay for your expenses/losses
You may write or talk about any relevant caused by the crime that are not
information including: covered by other sources (such as
insurance). To request restitution,
• how the crime hurt you or your you must fill out a “Restitution
family (emotionally, physically, and Request Form” and return it to the
financially) and affected your life; District Attorney’s Office. If
• what you think should happen to the expenses are ongoing (so you do not
yet have a final amount), provide the
person who did the crime (jail,
current total and explain which
counseling, having to stay away
amount you will provide in the
from you and your family, paying
future giving an approximate date.
you for your out-of-pocket expenses
Be sure to follow up. Contact your
not covered by insurance, etc.); and
local District Attorney’s Office for
• other information you would like the assistance.
judge to know about the defendant
or this case. If the judge orders restitution for you, a
special office that oversees the collection
If you wish to speak at the sentencing, of restitution should contact you soon.
please inform your contact person in the That office is the Attorney General’s
District Attorney’s Office so time can be Office, Collections Unit, 1031 W. 4th
set aside for you to do so. Ave., Suite 200, Anchorage, AK 99501.
If you have questions, you may contact
You also have the following rights as a the office by calling 1-800-580-5205.
crime victim:
Witness Assistance Program for

• The right to a written description of providing this information on the rights
what happened provided within 30 of crime victims. Some materials in this
days of the end of the case, if you chapter are from Crime Victim Rights, a
make a request. brochure developed by Jody Lown,
• The right to be told when the former Victim-Witness Program
defendant will be released and/or if Coordinator with the Department of
the defendant escapes from jail, if Law.
you make a request. Make your
request by registering with the VINE
system (an automated notification
system) by calling 1-800-247-9763
and following prompts. In addition,
if you make a written request, a
recent photo of the defendant will be
sent to you with the notice of release
or escape. To make a request for a
recent photo, write to:
Department of Corrections
4500 Diplomacy Dr., Suite 219
Anchorage, AK 99508
• The right to be told when the

defendant will be released from a
mental institution if the defendant
was found not guilty by reason of
insanity, if you make a request.
• To make a request for notification of
release or escape from a mental
institution, write to:
Alaska Psychiatric Institute

2900 Providence Dr.
Anchorage, AK 99508
A note of thanks to the Department of
Law – Criminal Division Victim-
Violence Against Women 57
Chapter Six
VIOLENCE AGAINST WOMEN — DOMESTIC

VIOLENCE, SEXUAL ASSAULT, STALKING, &
HUMAN TRAFFICKING
If you or someone you know is the victim of domestic violence, sexual assault,
stalking, or human trafficking, there are nineteen ANDVSA member domestic
violence and sexual assault programs throughout the State of Alaska that can provide
information and support. Staff are available 24 hours a day to provide safe shelter,
advocacy, accompaniment to the hospital or police station, assistance through court
proceedings, and many other services. In cases of human trafficking, you can contact
the Alaska Immigration Justice Project.
Use of gender specific language in this committed against women since the age
chapter of 18, 100 percent of rapes, 92 percent of
physical assaults, and 97 percent of
Domestic violence, sexual assault, and stalking acts were perpetrated by men.
stalking are gender specific crimes. (Tjaden P, Thoennes N., Full Report of
While women are less likely than men to the Prevalence, Incidence, and
be victims of violent crimes overall, Consequences of Violence Against
women are five to eight times more Women: Findings from the National
likely than men to be victimized by an Violence Against Women Survey.
intimate partner. Statistics show that 78 Washington: National Institute of
percent of stalking victims are women. Justice; 2000. Report NCJ 183781.)
Women are significantly more likely
than men (60 percent and 30 percent, The gender specific language used in
respectively) to be stalked by intimate this chapter reflects that domestic
partners. Other studies have shown that violence, sexual assault, and stalking
95 percent of domestic violence is primarily occur by men against women;
committed by men against women. however, men can be victims.
Women are more likely to be victims of
sexual violence than men: 78 percent of What is the frequency of violence
the victims of rape and sexual assault are against women?
women and 22 percent are men. Most
perpetrators of sexual violence are men. A woman is battered every nine seconds
Among acts of sexual violence in this country. Although serious violent
crime levels have declined since 1993, also passed changes to the Gun Control
domestic violence still remains one of Act making it a federal crime in certain
the greatest single causes of injury to situations for batterers to possess guns.
women in the United States. By The majority of domestic violence,
conservative estimates, 1.5 million sexual assault, and stalking cases will
women are raped and/or physically continue to be handled by your state and
assaulted by an intimate partner annually local authorities. In some cases,
in the United States, according to the however, the federal laws may be the
National Violence Against Women most appropriate course of action.
Survey. By other estimates, four million
American women experience a serious What are the federal crimes and
assault by a partner during an average 12 penalties?
month period. In Alaska, the effects of
domestic violence and sexual assault are All the federal domestic violence crimes
pervasive. Alaskan women are murdered are felonies. It is a federal crime under
by their intimate partners at a rate 1.5 VAWA:
times greater than the national average.
In 2004, Alaska ranked first for rates of • to cross state lines or enter or leave
forcible rape, with 84.1 rapes committed Indian country and physically injury
per 100,000 inhabitants. That is 2.8 an “intimate partner” [18 U.S.C. §
times greater than the national average. 2261.];
(Crime in the United States, FBI, 2005) • to cross state lines to stalk or harass
or to stalk or harass within the
THE VIOLENCE AGAINST maritime or territorial lands of the
WOMEN ACT AND THE GUN United States [18 U.S.C. § 2261A.];
CONTROL ACT and
• to cross state lines or enter or leave
In 2005, Congress reauthorized the
Indian country and violate a
Violence Against Women Act (VAWA),
qualifying protective order. [18
which recognizes domestic violence as a
U.S.C § 2262.]
national crime. VAWA was originally
passed in 1994 and since its passage,
It is a federal crime under the Gun
significant gains have been made
Control Act:
towards ensuring victim safety and
access to critical resources while holding
perpetrators accountable for their • to possess a firearm and/or
violence. In 1994 and 1996, Congress ammunition while subject to a
qualifying protective order [18
U.S.C. §922(g)(8)]; and “qualifying” domestic violence

• to possess a firearm and/or misdemeanor is a federal crime under
ammunition after conviction of a Section 922(g)(9). Generally, the
qualifying misdemeanor crime of misdemeanor will “qualify” if the
domestic violence. [18 U.S.C. § 922 conviction was for a crime committed
(g)(9).] by an intimate partner, parent, or
guardian of the victim that required the
A violation of the Gun Control Act, use or attempted use of physical force or
Sections 922(g)(8) and 922(g)(9), has a the threatened use of a deadly weapon.
maximum prison term of ten years. A In addition, Section 922(g)(9) imposes
violation of VAWA, Sections 2261, other legal requirements. The United
2261A and 2262, has a maximum prison States Attorney’s Office will examine
term of five year to life, depending on your case and determine whether the
the seriousness of the body injury caused prior domestic violence misdemeanor
by the defendant. conviction qualifies under Section 922
(g)(9).
What does bodily injury mean?
What is a qualifying protective order?
The term “bodily injury” means any act,
except one done in self-defense, which Possession of a firearm and/or
results in physical injury or sexual ammunition while subject to a protective
abuse. [18 U.S.C. § 2266.] order and interstate violation of a
protective order are federal crimes if the
What does it mean to enter or leave protective order “qualifies” under
Indian Country? Sections 2262 and 922(g)(8). Generally,
a protective order will qualify under
The term “enter or leave Indian country” federal law if reasonable notice and an
includes leaving the jurisdiction of one opportunity to be heard was given to the
tribal government and entering the person against whom the court’s order
jurisdiction of another tribal government was entered and if the order prohibits
or other jurisdiction. [18 U.S.C § 2266.] future threats of violence. The United
States Attorney’s Office can evaluate
What is a qualifying domestic violence your order to see if it qualifies.
misdemeanor? Therefore, you should keep copies of all
protective orders.
Possession of a firearm and/or
ammunition after conviction of a
Who is an intimate partner? According to the Department of Labor’s

Guide of Non-Governmental
Generally, the federal laws recognize an Organizations, this definition includes
intimate partner as a spouse, a former victims who were forced to work in the
spouse, a person who shares a child in sex trade as domestic servants, as
common with the victim, or a person laborers in factories, or in migrant
who cohabits with the victim. agriculture work. Whether or not an
activity falls under the definition of
Can my concerns be heard in federal trafficking depends not only on the type
court? of work victims are made to do, but also
on the use of force, fraud, or coercion to
Yes. A victim in a VAWA case shall obtain or maintain that work. Trafficking
have the right to speak, if desired, to the covers the use of minors for commercial
judge at a bail hearing to inform the sexual activity even if there is no force,
judge of any danger posed by the release fraud, or coercion. Trafficking also
of the defendant. Any victim of a crime covers people who are held against their
of violence shall also have the right to will to pay off debt; this is known as
speak, if desired, at the time of debt peonage. A victim’s initial
sentencing. agreement to travel or perform the labor
does not allow an employer to later
FEDERAL PROTECTIONS FOR restrict that person’s freedom or to use
HUMAN TRAFFICKING VICTIMS force or threats to obtain repayment.
The Victims of Trafficking and Violence Contact the Alaska Immigration Justice
Protection Act of 2000 defines severe Project if you need more information or
forms of trafficking in persons as: assistance. See Chapter 16 for
information on federal protections for
• sex trafficking in which a battered immigrant victims of domestic
commercial sex act is induced by violence, sexual assault, and trafficking.
force, fraud, or coercion or in which
the person induced to perform such CONFIDENTIALITY FOR
an act is under 18; and VICTIMS OF DOMESTIC
• the recruitment, harboring, VIOLENCE, SEXUAL ASSAULT,
transportation, provision or AND STALKING
obtaining of a person for labor or
services through the use of peonage, If you are a victim of domestic violence,
debt bondage, or slavery. sexual assault, or stalking, it may be
important for you to keep your location DOMESTIC VIOLENCE

confidential. Many victims of domestic
violence, sexual assault, and stalking are
What is domestic violence?
threatened with further assault or even
death if they reveal the abuse being
Domestic violence involves a continuum
perpetrated against them. Alaska has
of behaviors ranging from degrading
confidentiality laws protecting you if
remarks to cruel jokes, economic
you decide to seek services from a
exploitation, punches and kicks, false
domestic violence or sexual assault
imprisonment, sexual abuse, suffocating
program. [AS 18.66.200-250.] Domestic
actions, maiming assaults, and homicide.
violence/sexual assault programs
Sexual abuse involves a continuum of
maintain strict principles o f
behaviors that include:
confidentiality. Alaska’s confidentiality
laws protect all communications
between victims of domestic violence • being denied privacy;
and sexual assault and advocates, except • unwanted looks at a person’s
in very limited circumstances. genitals;
• insulting sexual jokes;
Some women may need to keep their • sexual labels such as “whore” or
location confidential from their batterer “frigid”;
when they file for a protective order, • treating women as sex objects;
divorce, or child custody order. An • forcing someone to watch a sex act;
advocate at a domestic violence/sexual
assault program can explain the court • unwanted touching of another’s
procedure to request your location be genitals;
kept confidential from the batterer in • forced or unwanted anal, oral, or
each of these proceedings. See Chapter vaginal penetration;
14 for more information on • mutilation; and
confidentiality in divorce and child • homicide.
custody proceedings when there is
domestic violence. Domestic violence usually increases in
frequency and severity over time. Many
Some women may need to change their victims of domestic violence suffer all
name or social security number to forms of abuse. Violence is used to
protect their safety and the safety of their reinforce power and control of one
children. See Chapter Eight for more person over another. Episodes of
information. violence may be frequent or infrequent,
prolonged or brief, severe or mild. What is the legal definition of

domestic violence?
As the perpetrator’s violence continues,
he may begin to abuse your children and Crimes are defined in the Alaska
he may direct violence or threats of Criminal Code. The definitions vary
violence against your family, friends, or according to the conduct by the
pets. Perpetrators often remind their perpetrator and the effect of that conduct
victims that non-compliance with on the victim. Every act that is a crime if
demands may lead to violent assaults. committed by a stranger against you is
also a crime if committed by your
Verbal and emotional abuse may be spouse or partner against you. The law
more subtle than physical abuse, but this defines domestic violence as including
does not mean it is less destructive. one or more of the following crimes
committed by one household member
Under Alaska law, domestic violence against another:
occurs when you are physically or
sexually abused by another person who Assaults: Causing physical pain or injury
is related to you as: to you, or placing you in fear of
imminent physical injury through
• a spouse or former spouse; words or other conduct. [AS
• a person you have dated, or are 11.41.200-230.]
presently dating; Stalking: Making you, a member of your
family, or a person you have dated
• a person with whom you have had a
afraid of being injured or killed by
sexual relationship;
repeatedly making nonconsensual
• a person who lives, or has previously contact with you, a member of your
lived, with you in the same family, or a person you have dated.
household; [AS 11.41.260-270.]
• a person you are related to, or Harassment: Making repeated telephone
formerly related to, by marriage; or calls to you at extremely
• a parent, stepparent, grandparent, inconvenient hours or making an
child or grandchild, aunt, uncle, anonymous or obscene telephone
cousin, second cousin, or children of call or a telephone call to you that
any of these persons. threatens physical injury. [AS
11.61.120.]
Terroristic Threatening: Making a false
report that a circumstance exists that
places you in fear that someone has you to be ridiculed. [AS 11.41.500-
been injured. [AS 11.56.810.] 530.]
Interference with a Report of Domestic Violating a Protective Order: Contacting
Violence: Attempting to, or you or going to your home, where
preventing you or someone else you work, or other places named in
from reporting domestic violence to your protective order as places from
the police. [AS 11.56.745.] which to stay away, or violating
Arson or Criminal Mischief: Damaging other conditions set by the judge in
or tampering with your property, the protective order. [AS 11.56.740.]
even if it is jointly owned. [AS Murder: Killing you, your children, or
11.46.400 & AS 11.46.480.] other family members. [AS
Kidnapping: Taking or holding you 11.41.100-110.]
against your will in order to
physically injure or sexually assault What protections are available to
you. [AS 11.41.300.] victims of domestic violence?
Custodial Interference: If the perpetrator
is related to your child, taking and The laws of Alaska provide protection to
keeping your child away from you individuals who are victims of domestic
for an extended period of time violence. One of those laws is the
without your permission when you Domestic Violence Prevention and
have legal custody. [AS 11.41.320- Victim Protection Act of 1996. This law
330.] provides comprehensive protection to
Sexual Offenses: Having sexual victims of domestic violence including
intercourse or sexual contact with civil protective orders and protections
you without your consent. [AS throughout the criminal process. See the
11.41.410-425 & AS 11.41.434- Protective Order section at the end of
460.] this chapter.
Burglary and Criminal Trespass:
Entering your residence, or another
building or dwelling, unlawfully.
[AS 11.46.300-310 & AS 11.46.320-
330.]
Robbery, Extortion and Coercion:
Taking your property by physical
force or threats, or making you do an
act by threats of force, or by threats
to expose secrets that would cause
DUTIES OF LAW ENFORCEMENT What is mandatory arrest and what

WHEN DOMESTIC VILOENCE happens if both parties claim to be the
HAS OCCURRED victim?
If I call the police to report a violation A peace officer is mandated (required) to

of my protective order or another act make an arrest, with or without a
of domestic violence, will the police warrant, when there is probable cause to
make an arrest? believe within the last 12 hours a person
co mmitted domestic violen ce,
Yes, if you report the domestic violence knowingly committed or attempted to
within 12 hours after it has occurred and commit an act that violates provisions
probable cause exists. This “mandatory one through seven of a protective order,
arrest” is required by law. or violated a condition of release in
connection with a domestic violence
If you report after the first 12 hours, an charge.
arrest without a warrant can still be
made if there is probable cause to If a peace officer receives complaints of
believe that a crime occurred. The domestic violence from more than one
incident does not have to happen in the person about the same incident, the
presence of an officer for the arrest to be officer is required to evaluate the
made. A police officer who does not conduct of each person to determine who
make an arrest after a domestic violence was the principal physical aggressor. In
incident or who arrests more than one determining whether a person is the
person from a single incident must put in principal physical aggressor, the officer
writing the reasons for her/his actions. shall consider prior complaints of
domestic violence, the relative severity
How do officers determine if they have of injuries inflicted on each person, the
probable cause to make an arrest? likelihood of future injury from domestic
violence to each person, and whether
In determining probable cause, officers one of the persons acted in self-defense.
may talk to you, the perpetrator, and any
witnesses, examine the place where the
act is said to have taken place, and SEXUAL ASSAULT
consider other relevant factors.
Sexual assault, in all of its forms, is a
crime. Victims of sexual assault can seek
criminal and civil remedies as well as
monetary compensation for the crime give your consent. It is also a crime to
committed. Sexual assault is a criminal have sexual contact or penetration with
offense and if a victim makes a police someone who is mentally impaired and
report against a perpetrator, the District not able to understand what he or she is
Attorney may prosecute the case. A doing or the consequences of their
victim of sexual assault can also file a conduct.
civil case against a perpetrator of sexual
assault asking for monetary reparations Sexual crimes in Alaska include:
and a victim can also file for a protective
order against the perpetrator. • touching and penetration without
consent;
If you have been a victim of sexual • sexual touching, or penetration of a
assault, you can contact a domestic person who is under the age of
violence and sexual assault program in consent;
your region. See the Resource Directory
• sexual touching or penetration of a
at the end of this handbook for contact
person who is incapacitated or
information.
incapable of consenting;
What is sexual assault? • viewing, photographing, or exposing
sexual parts of the body without
Sexual assault is when someone, without consent;
your consent, touches or penetrates you • creating or distributing child
sexually. Touching, such as rubbing a pornography; and
breast, vagina, penis or anus, even if it is • a wide range of other acts which
through clothing, is called “sexual affect a person’s right to choose
contact.” Intercourse, oral sex, or whether to interact in a sexual way
insertion of an object or body part into with another person.
the vagina or anus is called “sexual
penetration.” Sexual contact or It is also a crime to attempt to do any of
penetration occurs if the offender these acts. Sexual offenses often include
touches or penetrates your body or if you the use of physical force, threats,
have to touch or penetrate the offender’s intimidation, coercion, and
body. Another sexual assault crime manipulation.
occurs when a person has sexual contact
or penetration with you while you are What is sexual harassment?
incapacitated because of drugs,
medication, or alcohol and unable to Sexual harassment includes:
• verbal assaults such as whistles, First degree sexual assault is a serious

jokes, comments, and insults about felony that can be committed in three
gender, sexuality, or sexual activity; ways:
• visual assaults such as exposing
oneself or exposing someone to nude • when a person sexually penetrates
or pornographic images against you without your consent;
someone’s wishes, or gesturing or • when a person attempts to sexually
mimicking sexual acts; and penetrate you without your consent
• physical assaults such as and causes serious physical injury;
intimidating behaviors and postures or
or unwanted physical touching such • when a person sexually penetrates
as tickling or wrestling. you and you are under that persons
care and you are mentally incapable
See Chapter Three for more information of understanding what is happening.
on workplace sexual harassment laws. [AS 11.41.410.]
SUMMARY OF SEXUAL Second degree sexual assault, also a

OFFENSES felony but with lower penalties than first
degree, can be committed:
There are four levels of sexual assault;
three are felonies and one is a • when someone sexually touches you
misdemeanor. The main factors that go without your consent;
into classifying sexual offenses include: • when someone has sexual contact
with you and you are under their
• whether there is penetration or care and mentally disabled;
contact; • when someone sexually penetrates
• whether the offender and victim are you and you are mentally incapable,
in certain types of special incapacitated, or unaware the sexual
relationships; act is being committed; or
• whether the contact was without • when someone sexually penetrates
consent or whether the victim was you and knows you are unaware that
too young or incapacitated to a sexual act is being committed and
consent; and the offender is a health care worker
• whether there was serious injury in and the offense takes place during
an attempted sexual assault. the course of professional treatment.
[AS 11.41.420.]
Sexual assault in the third degree is also married. You can be sexually assaulted
a felony and is committed when by a friend, a date, a spouse, or a
someone has sexual contact with stranger. Approximately 80 percent of
someone who they know is mentally sexual assaults are committed by
incapable, incapacitated, or unaware that someone the victim knows. Sexual
a sexual act is being committed. [AS assault is a crime regardless of whether
11.41.425] the perpetrator is a spouse, boyfriend, or
acquaintance. A spouse can be
FACTS ABOUT SEXUAL ASSAULT prosecuted for sexual assault in the first,
second, and third degrees.
You are not alone. The U.S. Department
of Justice estimates that 130,000 sexual You may need advocacy, counseling, a
assaults occur in the United States each medical evaluation and treatment, or
year, or more than 350 per day. It other assistance. You can get help by
doesn’t matter how old you are, where calling a sexual assault or domestic
you live, or your cultural background – violence program in Alaska. [See the
you can be a victim of sexual assault. Resource Directory at the end of this
Sexual assault victims are both male and handbook for contact information.]
female, of all ages and from all walks of Attempted illegal acts are also crimes, so
life. Don’t be confused if the offender is you should report a sexual assault even
“respected” or well liked in your when the act was incomplete.
community. If the person had sexual
contact or penetration with you without Changes in the law have helped to
your permission, it was a crime. Sexual minimize a victim of sexual assault from
offenders may be from any class, being re-victimized in the courtroom. In
culture, profession, or educational level. the past, attorneys often cross-examined
the victim about her past conduct or
Nothing you did and nothing about the clothing, particularly in cases where the
way you looked makes you responsible defendant said the woman consented.
for what happened to you. The motive Now there is a law specifically
for sexual assault is the need to feel forbidding public, embarrassing cross-
powerful and in control. It is a myth that examination of a rape victim about her
sexual assault occurs because of past sexual conduct. The victim’s sexual
uncontrollable sexual urges or a lack of conduct cannot be introduced into the
sexual opportunities. Studies have trial unless the judge believes the
shown that most offenders have a information is important for the trial.
consenting sexual partner and are often This is discussed with the judge prior to
disclosure before the jury. [AS 18 years old sexually penetrates a

12.45.045] whole or half blood relative
including a sister, brother, aunt,
SEXUAL ABUSE OF A MINOR uncle, niece, or nephew. This is a
felony. [AS 11.41.450.]
Alaska has many laws that protect • Unlawful exploitation of a minor:
children. These laws look beyond
photographing or filming a minor
accidental harm, injury, or exposure and
child engaged in sexual activity.
address physical abuse, neglect, sexual
This is a felony. [AS 11.41.455.]
abuse, and exploitation. Child abuse and
neglect can occur when a person who is • Indecent exposure: when a person
responsible for a minor creates intentionally exposes their genitals
circumstances that harm or threaten the to another person with reckless
child’s health, safety, or well-being. For disregard of the effect it will have on
example, parents may be criminally such person. This is a misdemeanor
responsible for causing or allowing harm or a felony, depending upon whether
or injury to their children. Individuals there was masturbation and if the
who are not legally responsible for a victim was under 16 years of age.
child can also be criminally charged if [AS 11.41.460.]
they knowingly inflict harm or injury to • Online enticement of a minor: using
a child. If you have questions about child a computer to solicit or entice a
abuse or neglect, call the Office of minor to engage in sex with an adult.
Children’s Services or your local It is class C felony, unless the
domestic violence/sexual assault offender was already required to
program. See the Resource Directory at register as a sex offender, in which
the end of this handbook for contact case it is a class B felony. [AS
information. 11.41.452.]
There are four levels of sexual abuse of a Who are the victims of sexual assault?
minor. They range from serious felonies
to misdemeanors depending on whether Anyone can be a victim of sexual
there is penetration or not, the age of the assault. Sexual assault is not about the
victim, and the relationship of the victim uncontrollable sexual desires of the
to the offender. [AS 11.41.434-440.] perpetrator. It is about power, control,
and domination. According to the U.S.
Other crimes include: Department of Justice, an estimated 91
percent of sexual assault victims are
• Incest: when a person who is at least female and 9 percent of victims are
male. However, 99 percent of sexual violence and sexual assault. One of those
assaults are perpetrated by men. laws is the Domestic Violence
Prevention and Victim Protection Act of
What are my options if I have been 1996. This law provides comprehensive
sexually assaulted? protection to victims of domestic
violence and sexual assault including
There is no right or wrong thing to do civil protective orders and protections
after you have been sexually assaulted. throughout the criminal process. Victims
The most important thing to do is to of sexual assault have the option of
ensure your own safety. You may want getting a protective order against their
to call someone you trust such as a perpetrator. For information on how to
friend or family member. You could also get a protective order, please refer to the
call a sexual assault or domestic violence Protective Order section of this chapter.
program in your town. All of these
centers have a crisis line that you could SEXUAL ASSAULT RESPONSE
call. See the Resource Directory at the TEAM (SART)
end of this handbook for contact
information. Many communities in Alaska have a
Sexual Assault Response Team (SART).
You also have the option of going to the The SART team is made up of a police
hospital. You will also have the option to officer, a specially trained nurse
be screened for STDs, receive examiner, and a victim’s advocate. The
emergency contraception, and have a three components of the team come
SART exam to gather forensic evidence together at the hospital at the same time
(see the next section for more with the victim of a sexual assault.
information about SART). You can
receive services from the hospital Before the medical exam, a law
without law enforcement being involved. enforcement officer and the medical
However, Alaska law requires that provider will jointly interview the victim
medical providers report certain injuries to get information for the investigation
such as a stab or gunshot wound to law and to meet her medical needs. The
enforcement. Medical providers are also police officer then leaves during the
mandated to make reports of abuse SART exam, which is done by a
involving children or vulnerable adults. specially trained nurse examiner
(referred to as a Sexual Assault Nurse
The laws of Alaska provide protection to Examiner or SANE). The nurse
individuals who are victims of domestic examiner then gathers forensic evidence
from the victim. The nurse examiner assault program to find out if SART is
also treats the victim for any medical available.
needs that they have and can provide
options to protect against sexually What are my rights if I am a victim of
transmitted diseases and pregnancy. The sexual assault?
victim’s advocate will be there with you
throughout the entire process. The A victim of sexual assault is entitled to:
advocate will inform you about the
SART process and answer any of your • Notice and explanation of available
questions as well as support you in the protections from harm and threats of
weeks and months after the assault. harm arising out of cooperation with
law enforcement and prosecution
If you plan to press charges or get a efforts including protective orders,
SART exam, it is best not to change assistance in obtaining personal
your clothes, shower, douche, or brush belongings, transportation to safe
your teeth because these activities could home or shelter, assistance in
destroy evidence. If you have done these obtaining medical treatment, and
things, however, evidence can still be other applicable services.
gathered. It is best to get a SART exam • Make in writing or in person their
within 96 hours after the assault has wishes to have no contact with the
taken place. But even if it is outside this defendant or any person acting on
time and forensic evidence may not be behalf of the defendant or the
present, some injuries may not yet have defendant’s counsel.
healed and could still be documented.
• Confidentiality with respect to the
victim’s address or phone number
SART is not available in all
(s), including but not limited to
communities in Alaska. However,
criminal proceedings, divorce,
similar services are available to victims
dissolution, and child custody
of sexual assault even if there is not
proceedings.
SART. The state’s forensic evidence
collection kit may not be charged to the • Refuse to make statements and/or
victim; however, there may be some recordings requested by the
testing for certain sexually transmitted defendant or any person acting on
infections or pregnancy that may not be the defendant’s behalf.
covered even though they happen at the • Private counsel, the DA, or other
same time as the SART exam. Call your accompaniment during statement or
local domestic violence and sexual recordings.
• Information about violent crime of the office doing the presentence

compensation and procedure for report.
applying for compensation. This
includes the possibility of recovering Notification of the right to make a
attorney’s fees. statement for the inclusion in a
• In felony domestic violence and presentence report that may contain any
sexual assault cases, the DA shall reasonable information including:
make a reasonable effort to confer
with the victim about their testimony • an explanation of the nature and
before the defendant’s trial. extent of the physical,
• Notice and to be present at any psychological, or emotional harm
hearings at which the defendant is suffered by the victim;
present. • an explanation of the extent of
• Request restitution for financial loss economic loss of property damage
as a result of the crime to be suffered;
included as part of the sentence and • an opinion of the need for and the
judgment and also may be a extent of restitution and whether the
condition of probation. This is victim has applied for or received
separate from what Violent Crimes compensation for the loss or
Compensation may cover. damage;
• recommendation of the victim for an
A victim can also contact the Alaska appropriate sentence;
Office of Victims’ Rights for assistance • notice of the right to submit to the
or more information. sentencing court a written statement
that the victim believes is relevant to
The victim shall be notified: the sentencing decision;
• to appear personally at the
• of the date of the trial; defendant’s sentencing hearing to
• of the defendant’s conviction and for present an oral statement;
what crimes; • after the conviction, information
• of date, time and location of about the complete record of the
sentencing hearings; defendant’s conviction;
• that a sentencing or other events to • selected portions of the presentence
which the victim is subpoenaed will report before the sentencing hearing;
not occur as scheduled; and and
• of the address and telephone number • written notice of the final disposition
of the case within 30 days after the www.dps.state.ak.us/nSorcr/asp.

final disposition.
All sex offenders who are present in the
Can I get some form of compensation state of Alaska must register with the
for a sexual assault crime? state within 30 days of release from a
correctional facility. Some sex offenders
Yes. Compensation may be available to convicted of a single sex offense that is
victims of sexual assault and/or their not an “aggravated sex offense” have to
families, even if charges are not filed. In register for 15 years. The 15 years starts
Alaska, victims of sexual assault may after they are off probation, but they
apply for compensation through the must be registered while they are on
Alaska Violent Crimes Compensation probation. Offenders convicted of an
program. The Compensation Board aggravated sex offense or child
meets several times a year to review kidnapping or more than one sex offense
applications from victims of violent must register for life. Sex offenders are
crimes in Alaska. required to notify law enforcement of
any change of address within one day of
You can get a Violent Crimes making the change.
Compensation application from your
local domestic violence and sexual SEXUAL ASSAULT AND HIV/STDS
assault program or from the program
website at www.state.ak.us/admin/vccb. A victim of sexual assault has the right
to be tested for sexually transmitted
SEX OFFENDER REGISTRY diseases (STDs) that may have been
transmitted during a sexual assault. If
All 50 states have passed some form of criminal charges have been filed in a
sex offender notification laws. Alaska sexual assault case, the victim has the
maintains an internet listing of convicted right to ask the prosecutor to file a
sex offenders that includes their names, motion to have the perpetrator tested for
identifying information, home and work STDs, including HIV.
addresses, date of birth, driver’s license
numbers, and vehicles to which they DRUG FACILITATED SEXUAL
have access. There is also often a photo ASSAULT
accompanying this information. The
internet site is maintained by the Alaska The use of date sexual assault drugs
Department of Public Safety and can be have increased over the years. Drugs
accessed at such as Rohypnol (referred to as
“Roofies”) and GHB (Gamma • guilt, shame and embarrassment

Hydroxybutyrate) can be placed in • confusion
someone’s drink and the effects of the
• anger
drug are much like amnesia. A person
who has taken one of these drugs will • helplessness
not be able to resist an assault and will • depression
be uncertain of the events of the night. • fear and anxiety
These drugs are colorless and odorless. • self-blame for the assault
Being given one of these sexual assault • nightmares or flashbacks
drugs is illegal and a crime, regardless if
• feeling you are no longer in control
the victim had been drinking or under
of your life
the influence of another drug at the time
of the attack. If a victim is incapacitated • not wanting to talk about the sexual
“as a result of an act of the defendant,” a assault
resulting act of sexual penetration could • denial - pretending it didn’t happen
still be sexual assault in the first degree
and not second degree. This would Physical:
include many prescription medications,
common “recreational drugs” like • changes in appetite
cocaine, and alcohol. The victim has to • sleeping difficulties
either be forced to consume the • stress-related illness
substance or unaware that is was • alcohol/drug dependence
provided to her.
Social:
What are common reactions to sexual
assault?
• isolation and withdrawal
People react differently in times of • difficulty trusting
crisis. You may find it helpful to review • interpersonal conflicts
the following in case you are having, or • decline in academic or work
develop, these symptoms at a later date. performance
Common Reactions to Sexual Assault About Sexual Relationships: You may

(sometimes immediate - sometimes need time before resuming sexual
delayed) relationships. When you do, you may
find yourself:
Psychological:
• feeling general dissatisfaction to decide if there is enough evidence to

• fearing or disliking sex charge the offender.
• having flashbacks of the assault
What if the District Attorney does not
file charges?
These reactions can subside over time.
Be patient with yourself.
If this happens, it is because the attorney
does not have enough evidence to prove
How are sexual assault cases handled
the case to a jury. The decision not to
in the criminal justice system?
file is not made because the attorney
does or does not believe you. Even if the
Some people find the criminal justice
case is not prosecuted, the report
system confusing. This section explains
remains with the police department. This
what happens in sexual assault cases.
report may become very important in the
future to convict this offender if more
Report: You, or someone else, report the
evidence is uncovered or if the offender
crime to the Village Public Safety
sexually assaults someone else.
Officer (VPSO), a city police
department, or the Alaska State Troopers
Can the victim drop charges?
and an investigator is assigned to the
case.
No. The District Attorney files charges,
and only the District Attorney can drop
Investigation: The police interview you.
the charges. This is because sexual
Depending upon the type of sexual
assault is a crime against society as well
contact and the date it occurred, the
as against you. Being convicted of a
officer may ask that you be examined by
crime teaches offenders that there is no
a medical person to determine if hairs,
place for violence in our communities.
semen, or injuries are present. The
As part of the sentence, the District
officer may also take clothing, bedding,
Attorney can ask the judge to order the
or other items for testing. The officer
offender to attend a sex offender
sends these items to the crime lab in
treatment program to change violent
Alaska for analysis. The police officer
behavior.
also gathers other information, including
statements from witnesses and the
DEFINITIONS
offender and prepares a report.
Preliminary Hearing or Grand Jury: If
District Attorney: The District Attorney
the crime is a felony (most sexual assault
reviews the report prepared by the police
cases are), the District Attorney must defendant to enter a plea. If the plea is
show to a group of citizens (called a “guilty” or “no contest” (sometimes
grand jury) or to a judge (at a called “nolo contendere”), the judge sets
preliminary hearing) that there is enough a date for sentencing. If the plea is “not
evidence to bring the case to trial. At a guilty” (this happens in nearly all cases),
preliminary hearing (rarely done in the judge will set a date for trial. You do
sexual assault cases), there will be a not have to attend the arraignment. Your
judge, a District Attorney, a defense contact person will tell you the trial date
attorney, and the offender. It is open to or the sentencing date.
the public. The defense attorney is
allowed to ask questions. Change-of-Plea Hearing: If the
defendant originally pleads “not guilty,”
At a grand jury proceeding (commonly the defendant can change his or her plea
done in sexual assault cases), there will to guilty or “no contest” at any time.
be 12 to 18 grand jurors (they are Most defendants do change their plea,
citizens just like you) and a District which cancels the trial. You do not have
Attorney. There is no judge, no defense to attend a change of plea hearing.
attorney, no offender, and it is not open
to the public. The vast majority of sexual Trial: If the defendant does not plead
assault cases are reviewed in the privacy “guilty” or “no contest,” a jury trial (a
of a grand jury where witnesses, one at a jury consists of 12 people) will be held
time, are asked questions. When it is and you will testify. To make you as
your turn, the District Attorney will ask comfortable as possible and to refresh
you questions and then the grand jurors your memory, the District Attorney or
may ask you questions. Your contact your contact person will meet with you
person in the District Attorney’s Office shortly before the trial.
will tell you the grand jury date. The
District Attorney and, most likely your Delays: A judge at the request of the
contact person, will meet with you District Attorney or the defense attorney
before you testify to explain your role in may grant a “continuance” (changing a
court and to tell you the questions that court proceeding to a later date).
will be asked. Continuances may also occur because of
the judge’s or attorneys’ schedules,
Arraignment: At the arraignment the evidence analysis requests, and legal
offender (now called a “defendant”) arguments about the evidence. Because
appears before the judge. The judge delays are common, it is best if you can
explains the charges and asks the mentally prepare for them. Tell your
contact person about any dates you may loss).

be unavailable for court.
The probation officer sends copies of the
Presentence Report: If the defendant is completed presentence report to the
found guilty or pleads guilty and if the judge, the District Attorney and to the
crime is a felony, the judge will set a defense attorney (who will read the
sentencing date and order a presentence report with the defendant). The report is
report. The sentencing date is usually confidential and it is not available to the
scheduled two to three months away to public. Some sections of the report are
allow time for the presentence report to available for you to read if you ask your
be prepared. Probation officers prepare contact person prior to sentencing. Those
presentence reports to help the judge at parts are:
sentencing. The report contains
information about the defendant’s • the summary of the offense as
background, the crime, a sentencing explained by the probation officer;
recommendation, and usually a victim • the defendant’s version of the
impact statement. The probation officer offense;
will ask to talk to you to get information
• the summary of your statements in
for the victim impact statement. If you
the report; and
talk to the probation officer, he or she
will most likely ask: • the sentence recommendation made
by the probation officer.
• how the crime hurt you and your
You will receive a “Victim Right to
family (emotionally, physically and
Notification” form from the probation
financially) and affected your life;
officer. If you want to know when the
• what you think should happen to the offender will be released from prison,
offender (jail, counseling, having to fill out the form and return it to the
stay away from you and your family, probation officer. If you choose to
paying you for your out-of-pocket request the notification, keep in mind
expenses not covered by insurance, that you will need to notify the
etc); and Department of Corrections if you change
• if you did lose money because of the your address or phone number.
crime, the probation officer will ask
for the amount so he or she can Sentencing Hearing: The sentencing
request restitution for you hearing is when the judge decides the
(restitution is when the court orders defendant’s punishment. In deciding the
the defendant to pay you for your sentence, the judge considers the
presentence report and recommendations civil matter, not a criminal matter. If you
from the District Attorney, the defense want the perpetrator to be prosecuted
attorney, the defendant, and you. You criminally, you need to report the
may express your views to the judge, incident(s) to the police.
either in writing or in person at the
sentencing hearing (you may do this in A victim of sexual assault who does not
addition to giving the victim impact fall within the definition of household
statement to the probation officer). You member for a domestic violence
are not required to attend the sentencing, protective order can file for an
but many victims and family members emergency 72 hour, 20-day and/or six
have said it was helpful to see and hear month sexual assault protective order.
how the case ends. If you choose not to For example a sexual assault victim can
attend, your contact person can tell you file for a protective order if the
what happened. perpetrator is a:
Appeals: The defendant may appeal the • former friend;

sentence and conviction. If the defendant • neighbor;
appeals, you have no responsibility
• classmate;
during the entire appeal process except
to keep your contact person informed if • co-worker;
you move so he or she can let you know • client or former client;
the result. The appellate court may take • stranger; or
one or two years to decide the case. The • another category that is not a
District Attorney wins the vast majority household member under Alaska
of appeals. For that reason, try to allow domestic violence laws
the burden of the appeal process to rest
with the District Attorney while you
spend the waiting period taking care of STALKING
yourself in your recovery process.
Stalking is a crime that can threaten
SEXUAL ASSAULT PROTECTIVE anyone, without regard to age, sex, race,
ORDERS sexual orientation, or socio-economic
status. High-profile celebrity cases have
If a person has sexually assaulted you, raised the public’s awareness about the
you can ask the court to order the person crime, but the majority of stalking
to stay away from you and not contact victims are ordinary people, almost
you. A request for a protective order is a always women, who are pursued and
terrorized by someone with whom they 11.41.260-270.] Stalking can be either a

have had a prior relationship. felony or misdemeanor depending on the
conduct of the stalker.
Statistics show that:
What is stalking?
• Most stalking occurs in the context
of domestic violence. To qualify as stalking, the acts must be
• Approximately 80 percent of repeated acts of contact without your
stalking cases involve women consent involving you or a family
stalked by former male partners. member done knowingly and that make
you fear death or physical injury of
• As many as 90 percent of women
yourself or a family member. [AS
murdered by current or former male
11.41.260-270.]
partners were stalked prior to their
deaths.
What is nonconsensual contact?
Stalking can be any incident of
Some examples are:
threatening, following, surveillance and/
or coercive behavior that occurs more
than once. Some examples are: • following or appearing within your
sight;
• following you on foot or by car; • approaching or confronting you in a
public place or on private property;
• watching you from outside your
home or workplace; or • appearing at your workplace or
residence;
• sending letters, emails or making
unwanted telephone calls to you. • entering onto or remaining on
property that you won, lease, or
Any of these acts, if committed more occupy;
than once or continuously over a period • contacting you by telephone;
of time, can constitute stalking. In • sending mail or electronic
Alaska, a person commits the crime of communications to you; and
stalking when they knowingly engage in • placing an object on, or delivering
a course of conduct (repeated acts of an object to, property that you own,
nonconsensual contact) that recklessly lease, or occupy. [AS 11.41.270(b)
places another person in fear of death or (3).]
physical injury, or in fear of the death or
physical injury of a family member. [AS
STALKING PROTECTIVE of the internet, email, or other

ORDERS telecommunication technologies to
harass or stalk another person.
If a person has stalked you, you can ask Essentially, cyberstalking is an extension
the court to order the person to stay of the physical form of stalking. There is
away from you and not contact you. A a clear difference between the
request for a protective order is a civil annoyance of unsolicited email and
matter, not a criminal matter. If you online harassment. However,
want the perpetrator to be prosecuted cyberstalking is a course of conduct that
criminally, you need to report the takes place over a period of time and
incident(s) to the police. involves repeated deliberate attempts to
cause distress to the victim. The 2000
A victim of stalking who does not fall Violence Against Women Act expanded
within the definition of household the interstate stalking law to include
member for a domestic violence cyberstalking.
protective order can file for an
emergency 72 hour, 20-day and/or six How can technology be used to stalk
month stalking protective order. For people?
example a victim of stalking can file for
a protective order if the perpetrator is a: Some examples include:
• former friend; • using the internet to identify and

• neighbor; track their victims;
• classmate; • sending unsolicited email, including
• co-worker; hate, obscene, or threatening mail;
• client or former client • live chat harassment abuses the
victim directly or through electronic
• stranger; or
sabotage (for example, flooding the
• another category that is not a internet chat channel to disrupt the
household member under Alaska victim’s conversation);
domestic violence laws
• create postings about the victim or
start rumors which spread through
What is cyberstalking?
the bulletin board system;
Although there is no universally • setting up a website(s) on the victim
accepted definition of cyberstalking, the with personal or fictitious
term is generally used to refer to the use information or solicitations to
readers;
• assuming the victim’s persona office for help in filing a protective

online, such as in chat rooms, for the order. You do not need an attorney to
purpose of sullying the victim’s file for a protective order.
reputation, posting details about the
victim, or soliciting unwanted DOMESTIC VIOLENCE
contacts from others; PROTECTIVE ORDERS
• mail bombs (mass messages that
virtually shutdown the victim’s Domestic violence protective orders are
email system by clogging it); court orders from a judge that can
prohibit the perpetrator from:
• sending the victim computer viruses,
or sending electronic junk mail
(spamming); • harming you in any way;
• installing spyware software that • talking to you or sending messages
monitors all activities on a computer to you;
and runs undetected; • making threats to hurt or harass you;
• installing GPS devices on cars; and • entering your home, work place, or a
• enabling the GPS in victim’s cell vehicle you drive; and/or
phones and monitoring their location • possessing a deadly weapon, such as
through online programs. a knife or gun, if a weapon was used
to assault you or the perpetrator was
in actual possession of the weapon
during the commission of domestic
PROTECTIVE ORDERS violence.
The state of Alaska offers protective In addition, the judge may order:
orders to victims of domestic violence,
sexual assault, and stalking. It is
important to do safety planning before,
• that you have temporary custody of
your children;
during, and after the process of obtaining
a protective order. A protective order is • that the police go with you to your
only one tool for you to use in creating a home to provide protection while
safety plan for yourself and other family you get personal possessions or help
members. See the Personal Safety Plan you get you vehicle; and
section at the end of the handbook. • other safety provisions – a complete
list of protections that you can
Contact your local domestic violence/ request through a domestic violence
sexual program and/or court clerk’s protective order in Alaska is listed
below. It is important to let the judge household member against another.

know if you need additional
protections that are not listed on the Any person who is a victim of domestic
standard protective order form. violence by a “household member” is
eligible for a protective order.
There are three types of civil protective Household member is a broad definition
orders available to victims of domestic including adults or minors who:
violence in Alaska. [AS 18.66.100-180.]
Each type of order provides a different • are current or former spouses;
type of protection. The law requires • live together or who have lived
different procedures to be followed in together;
obtaining the three types of civil
• are dating or who have dated;
protective orders.
• are engaged in, or who have engaged
The three types of orders are: in, a sexual relationship;
• are related to each other, such as
• emergency 72 hour protective order child, parent, grandchild, brother,
sister, grandparent, great-grandchild,
• ex-parte 20-day protective order
nephew, niece, uncle, aunt, great-
• regular year long protective order grandparent, great-great grandchild,
(the year long protective order has a grand nephew or niece, first cousin,
provision prohibiting the perpetrator great uncle or aunt, and great-great
from threatening to commit or grandparent;
committing domestic violence,
• are related or formerly related by
stalking, or harassment towards the
marriage (including stepparents and
victim indefinitely unless dissolved
stepchildren);
by further order of the court.)
• have a child from the relationship
As described above, domestic violence whether or not they have been
includes a wide range of abusive married or have lived together; and
behaviors such as physical violence, • minor children of a person in a
pushing, shoving, hitting, slapping, relationship described above.
biting, choking, or other behavior that
causes harm or puts someone in fear of A protective order cannot establish
being hurt. It also includes coercion, permanent child custody, dissolve your
threats, intimidation, and sexual abuse. marriage, or address issues of property
To be considered domestic violence, division. If you are concerned about
these actions must occur by one custody and visitation and/or the
perpetrator selling or destroying your • prohibit the respondent from

property, it is important to contact an threatening to commit or committing
attorney about filing for divorce or child stalking or sexual assault;
custody, and for an interim protective • prohibit the respondent from
order to stop the perpetrator from telephoning, contacting, or otherwise
disposing of your property or other communicating directly or indirectly
needed protections. See Chapter 14 for with the petitioner or a designated
more information on visitation household member of the petitioner
protections that are available in a specifically named by the court; and
protective order and also in child
• direct the respondent to stay away
custody/divorce actions in Alaska.
from the residence, school, or place
of employment of the petitioner, or
STALKING AND SEXUAL
any specified place frequented by
ASSAULT PROTECTIVE ORDERS
the petitioner; however, the court
may order the respondent to stay
There are three types of civil protective
away from the respondent’s own
orders available to victims of stalking or
residence, school, or place of
sexual assault that do not fall within the
employment only if the respondent
definition of household member for a
has been provided actual notice of
domestic violence protective order in
the opportunity to appear and be
Alaska. [AS 18.65.850-865.] The law
heard on the petition. [AS
requires different procedures to be
18.65.850. ]
followed in obtaining the three types of
civil stalking protective orders.
A stalking or sexual assault victim could
file for a protective order if the
The three types of orders are:
perpetrator is a:
• emergency 72 hour stalking or
• former friend;
sexual assault protective order
• neighbor;
• ex-parte 20-day stalking or sexual
assault protective order • classmate;
• regular six month stalking or sexual • co-worker;
assault protective order • client or former client;
• stranger; or
A stalking or sexual assault protective • other category that does not fall
order may: within the definition of household
member for a domestic violence
protective order. incapacitated.

• You were not capable of giving
What are the definitions of stalking consent because you were unaware
and sexual assault to qualify for an the sexual act was taking place, or
order? due to mental disability.
• Respondent’s attempted sexual act
Stalking means any contact with you resulted in your serious physical
without your consent. Some examples injury.
are:
• Respondent was your legal guardian.
• Respondent was an adult and you
• following or appearing within your
were a minor.
sight;
• You and respondent were both
• approaching or confronting you in a
minors. AS 11.41.410-450
public place or on private property;
• appearing at your workplace or A stalking or sexual assault victim
residence; would need to fill out a domestic
• entering into or remaining on violence petition instead of a stalking or
property that you own, lease, or sexual assault protective order petition if
occupy; the perpetrator is one of the following:
• contacting you by telephone;
• sending mail or electronic • spouse, former spouse, parent,
communications to you; and grandparent, child, grandchild,
• placing an object on, or delivering brother, sister, first cousin, aunt,
an object to property that you own, uncle, nephew, or niece;
leave, or occupy. AS 11.41.270(b) • a person with whom the victim is
(3) presently or previously had a dating
or sexual relationship;
Sexual assault means engaged in a • someone the victim lives with or has
sexual act without your consent, and it lived with in the past; or
includes some sexual acts involving • a person related or formerly related
minors. Some general examples are: to the victim by marriage.
• You did not consent to the sexual These all fall within the definition of
act. household member in the domestic
• You were not capable of giving violence protective order statute.
consent because you were
SAFETY WITH A PROTECTIVE at least 20 days in jail. [AS 12.55.135

ORDER (c).]
• Keep a copy of your protective order OUT-OF-STATE ENFORCEMENT

with you at all times. OF PROTECTIVE ORDERS AND
• Check with local law enforcement to TRIBAL ORDERS
make sure your protective order is
on record with them. If not, give The laws in this area have changed
them a copy of your protective rapidly. Always check with an advocate
order. It is also important to give to make sure you have the most current
copies of the protective order to information.
police departments in the
community where you usually visit Can I get my protective order from
family or friends. Alaska enforced in another state?
• Inform your employer, domestic
Yes. The Violence Against Women Act
violence advocate, minister, clergy,
makes it possible to get your domestic
family members, and/or closest
violence, sexual assault, or stalking
friends that you have a protective
protective order enforced in other states.
order in effect.
The Violence Against Women Act is a
• If your perpetrator violates the law that was passed by Congress in
protective order, call the police and 1994. It says that all state and tribal
report the violation. You can also courts shall enforce protective orders no
call your attorney, an advocate at a matter which court or which state issued
domestic violence/sexual assault the order. All protective orders are good
program, and/or advise the court of anywhere in the United States as long as
the violation. they meet the following conditions:
What is the penalty for violating a
• the court order was given by a judge
protective order?
or magistrate after a person who was
abused by a family or household
Violating a protective order is a
member filed a petition with the
misdemeanor punishable by up to one
court asking for protection;
year of jail and up to a $5,000 fine. [AS
18.66.130(d)(1) & AS 11.56.740.] If a • the court that issued the order had
perpetrator is convicted of assault in the jurisdiction over the people and
fourth degree committed in violation of a case;
protective order, he will be sentenced to • the abuser had notice of the order
and had a chance to go to court to a valid unexpired domestic violence

tell his/her side of the story; and protective order. A domestic violence
• in the case of emergency orders, the protective order is enforceable on its
abuser will have a chance to go to face regardless of whether it has been
court to tell his/her side of the story registered or filed in the new state. It is
at a scheduled hearing. important to keep a copy of your
protective order with you at all times. It
Each state must enforce out-of-state is important to know the rules of states
protective orders in the same way it you will be living in or visiting so you
enforces its own orders, and also apply can make a good decision about how to
the same penalties that it applies to its get your order enforced and whether or
own orders. This is also referred to as not you should register it in that state.
“full faith and credit.”
How can I find out what the rules are
How do I get my protective order in another state?
enforced by another state?
• Before you move to or visit another
Court orders from other states are often state, you can call a domestic
referred to as “foreign” orders. The violence program in that state and
federal law does not require you to take ask what their laws are for enforcing
any special steps to get your protective out-of-state orders and what
order enforced in another state, but many assistance they can provide you in
states have laws or regulations (rules) helping you get your order enforced
about enforcement of out-of-state orders. in that state.
These rules differ from state to state, so • If you do not know how to contact a
it is important to find out what the rules domestic violence/sexual assault
are before you try to get your protective program in your area or in the area
order enforced in another state. For that you are planning to travel to,
example, a state may require you to call the National Domestic Violence
“register” or file your order so that the Hotline at 1-800-799-7233. Phone
court and the police know about it. numbers for Alaska domestic
violence/sexual assault programs are
Some states have rules that require them listed at the end of this handbook.
to notify the abuser if you register your
• The court clerk, the local prosecutor,
order in that state. Although knowing the
or the United States Attorney located
state rules can make enforcement easier,
in your area may also be able to help
filing and/or registration is not required
you.
under the federal law for enforcement of
Do I need to get someone to help me gave you the order and ask for a certified
get my order enforced in another copy. If you have already relocated to a
state? different state and do not have a certified
copy, you can request assistance from a
It is not necessary to have anyone assist court clerk, advocate, or attorney in the
you in getting your order enforced in new state to get a certified copy from the
another state. However, since this is a court that gave you the order. If you are
new law, there are still many people who moving to a new state, it may be helpful
do not know about it. You may want to to take phone numbers for the court
contact an attorney or an advocate from clerk in the state that issued the order
a domestic violence/sexual assault and the number of the nearest domestic
program. Advocates for victims of violence program in the new state. Some
domestic violence and sexual assault states maintain computerized registries
know the laws and rules about getting of protective orders in their state. If the
orders enforced, and they know how the state that gave you the protective order
court system works. In Alaska, each has a registry, try to get the phone
domestic violence/sexual assault number of the registry manager, or the
program has a designated legal advocate number of the local or state law
who is knowledgeable about laws that enforcement agency that has your order
affect battered women. You may also on file.
want to hire an attorney, but in most
instances, an advocate will be able to What if my order is a temporary ex-
assist you. In some places, it may be parte order and is only good for a
difficult to get your out-of-state order short time?
enforced without an advocate.
Temporary ex-parte orders can be
What things will I need to get my enforced by other states just as any
protective order enforced in a new regular protective order granted after
state? notice and a hearing, as long as the
abuser has been served and the abuser
In most places, you will need a certified will have the opportunity to have a court
copy of your protective order. A hearing set before your temporary order
certified copy says it is a “true and expires.
correct” copy, is signed or initialed by
the clerk of court that gave you the The state where you are going cannot
order, and usually has some kind of extend the date of a domestic violence
court stamp. If your copy is not a protective order that was issued by
certified copy, call or go to the court that another state. If you need to extend an
out-of-state order, you will have to the new Uniform Child Custody
contact the state that issued the order and Jurisdiction and Enforcement Act
arrange to be at the hearing (UCCJEA), and the Parental
telephonically or in person. In some Kidnapping Prevention Act (PKPA).
states, you may be able to obtain another If your order gives you temporary
domestic violence protective order from custody of your children, it is very
the state where you have moved. important for you to contact an
advocate and/or an attorney to make
Could I have problems getting my sure that your order meets the
protective order enforced in another requirements of these laws.
state?
GETTING OUT-OF-STATE
There are sometimes problems getting PROTECTIVE ORDERS AND
new laws enforced until everyone knows TRIBAL ORDERS ENFORCED IN
about the law and knows what they are ALASKA
supposed to do to enforce it. Some of the
things that might come up include: Can the state prosecute for a violation
of an out-of-state or tribal order?
• State Rules: Some state rules can put
women in danger, such as requiring Under AS 11.56.740, only if a copy of
that the abuser be notified when the your out-of-state or tribal order is filed
protective order is registered. with the court. However, even if the out-
• Lack of Knowledge: In some states of-state order was not filed with the
judges, clerks, and law enforcement court, law enforcement may be able to
officers may not know about this enforce certain parts of the order such as
law. Although all states are required obtaining your personal belongings from
to enforce the federal law, you may the abuser. Law enforcement can make
need an advocate or attorney to help an arrest if the abuser commits another
you. offense (violation of Alaska law) such as
• Confusion: The law is not clear assault or trespass. If you are concerned
about whether other states can use about an abuser tracking down your
the Violence Against Women Act to location from filing the protective order
enforce parts of protective orders with the court closest to you, contact
dealing with child custody. Other your local domestic violence/sexual
laws that govern child custody assault program. They can assist in filing
orders are the Uniform Child the order with another Alaska court and
Custody Jurisdiction Act (UCCJA), safety planning.
How do I file my out-of-state or tribal order to see whether it has been filed
order with the court system? with the Alaska Court System. The
officer is required by law to enforce
Clerks of court (and magistrates in the order just as if it were issued in
locations lacking a clerk) accept out-of- Alaska.
state and tribal orders for filing. When • If you do not have a copy of your
presented with an out-of-state or tribal filed order with you, a local law
order, the clerk reviews it to determine enforcement officer or state trooper
that it is a certified copy and that it can get the information they need to
appears on its face to be unexpired. As a enforce your order from the Alaska
matter of policy, the clerk will not Public Safety Information Network
contact the issuing jurisdiction for more (APSIN). When you file your order
information. The clerk will file stamp with a court clerk’s office in Alaska,
the order and assign it an Alaska Court the State of Alaska will enter the
System civil case number. The clerk order into the Central Registry for
next will distribute the order to the Protective Orders which is contained
appropriate local law enforcement in APSIN. However, it is still very
agency for entry into the central registry important that you always have a
(the same distribution procedure used for copy of your filed order with you.
Alaska protective orders). It is important • If the abuser violates the order and
to get a copy of your file stamped order you have not filed it with the Alaska
and keep a copy on your person at all Court System, you should still call a
times in case there is any delay in the law enforcement agency
order getting entered into the Alaska immediately.
Central Registry for Protective Orders.
What if the court that issued my order
Once I file my out-of-state or tribal contacts Alaska and says that my
order, how do I get it enforced by order has been changed or is not
local law enforcement or state good?
troopers in Alaska?
If the court in Alaska gets notice from
• Immediately call any local law the state that gave you the protective
enforcement agency or state trooper order that your order has been changed
office if the abuser violated the in some way, the court in Alaska will
order. notify you. If your order has been
• When the police get there, you changed without your knowledge, you
should show them a copy of your will have to go back to the state that
filed order. They will check your gave you the order to do something
about it. You may need an attorney or an Resource Directory at the end of this
advocate to help you. If your order has handbook for contact information.
been revoked, you cannot have it
enforced by law enforcement in Alaska. What can I do to enhance my personal
The Alaska court clerk or an advocate safety?
can explain how to get a protective order
in Alaska. • Change your daily schedule and the
route you take to work, school, and
Special thanks to the Kentucky Domestic stores.
Violence Association for permission to • Accompany children to and from
adapt their brochure on Domestic school or bus stops.
Violence Protective Orders and Out-of-
• Remove your residential address and
State Enforcement.
phone number from checks.
SAFETY PLANNING • Get an unlisted and unpublished
telephone number and an answering
machine to screen calls.
What is a safety plan?
• Choose carefully who gets personal
Women can do a number of things to information about you, such as your
increase their safety during violent home address and phone number.
incidents, when preparing to leave an • Destroy discarded mail.
abusive relationship, and when they are • Make sure your telephone number is
at home, work, and school. Many unlisted and unpublished.
batterers obey protective orders, but • Learn about Caller ID and “block”
some do not. It is important to build on telephone number from appearing on
the things you have already been doing Caller ID systems.
to keep yourself safe. • Limit confidential conversations on
cordless phones or baby monitors
Stalkers can be extremely dangerous, because the transmissions are easily
and any threats or contact by them intercepted.
should be documented and treated
• Use a private mail box (through a
seriously. Victim advocates can help you
company such as Mail Boxes Etc.)
maintain incident logs and develop
for your official mailing address,
safety plans. If you are a victim of
which ensures more privacy than a
stalking, a domestic violence/sexual
post office box.
assault program will be able to answer
your questions and help you. See the
What can I do to protect my home? the stalker and any possible vehicles.
• Coordinate with co-workers when
• Change or improve locks on doors leaving the workplace; never leave
and windows and keep them locked. the building alone, especially at
• Use window bars, poles to wedge night.
against doors, or an alarm system.
• Replace wooden doors with metal How can I feel safer in my vehicle?
doors.
• Keep a light on all the time. • Park vehicle in well-lit, public areas.
• Install an outside lighting system • Keep car doors locked, even while
that lights up when a person is vehicle is in use.
coming close to your home. • Equip car with gas cap and hood
• Get a smoke detector and fire locks.
extinguisher. • When traveling, plan ahead and be
• Tell neighbors you trust to call the aware of locations where you can get
police if they hear suspicious noises help, such as police stations.
coming from your home. • Be alert for vehicles following you.
• Identify visitors before opening If followed, drive to a police station,
doors. fire station, or a busy shopping
center.
• If you have a telephone, ask that a
friend call you at least once a day. • If it seems like the stalker always
knows where you are, go to a
• Keep your purse and vehicle key in a
mechanic or law enforcement and
place where you can get them so you
have your car checked for GPS
can leave quickly.
tracking devices.
• Have someone stay with you if you
• Be alert. If you feel threatened, drive
live alone, or go stay with family,
to a police or fire station, or a busy
friends, or at a sexual assault
shopping center.
program shelter.
• Try not to travel alone.
How can I feel safer in my workplace? • Get a cell phone so you can make
emergency calls at any time. Keep
• Have co-workers screen calls, emergency phone numbers with you.
visitors and incoming mail.
What can I do to feel safer online?
• Give co-workers (managers,
security) a photo or description of
• If you are receiving harassing
messages and are under 18, tell a offers prisoner custody status
parent or adult you trust. information:
• Use a gender neutral and non-
identifying screen name/username. • You may call from any touch-tone
• Change your pin numbers and phone, any time, to find out if an
passwords frequently. offender is in jail.
• Search for your name on the internet • You may register so the system will
and find out what contact call you if the offender’s custody
information is posted online. status changes by being released,
• The stalker may have access to your transferred, or escaping.
computer and may be monitoring
your activities. When you look for The telephone number for VINE to
help or a new place to live, try to use check the offender’s custody status or to
a safer computer at a library, café, or register for notification is 1-800-247-
friend’s house. 9763.
• Create an additional email account if
Do not depend solely on the VINE
you suspect the stalker is accessing
service for your protection. If you feel
your email or sending harassing
you may be at risk, take precautions as if
messages. Do not publicize this
the offender has already been released.
account and check this email
account from a computer the stalker
may have access to.
• Don’t give out your primary email
account to people you don’t know
and have a separate free email
account for newsgroups and social
networks.
• Save every harassing or threatening
communication digitally.
What can I do if my perpetrator is in

jail?
VINE stands for Victim Information and

Notification Everyday. VINE is a free,
anonymous, computer-based service that
Chapter Seven
INHERITANCE & ESTATE PLANNING

Estate planning is the process of determining how the assets you own at the time of
your death – your estate – will be distributed after your death. The distribution of
your estate, both real and personal property, at the time of death is governed in three
ways: (1) certain property (for example, life insurance or retirement) will pass to the
persons you have designated to receive the property; (2) if you do not have a Will or
your Will is invalid, your own assets will be distributed according to state law; or (3)
if you have a valid Will, your own assets will be distributed according to your Will.
For large estates, estate planning commonly involves planning the distribution of
your property in an effort to reduce any state and federal estate tax liability. Estate
planning also commonly involves the drafting of trusts that allow you to designate
some or all of your property, real and personal, to be held by a trust and managed by
someone (a trustee) for the benefit of another (a beneficiary). People also use estate
planning and trusts when they have young children (children under 18) or disabled
family members as a means to provide for their care in case of their death.
If you have young children, disabled family members, or substantial assets, you may
want to discuss these issues with an attorney who specializes in estate planning.
WILLS state and federal estate tax liability. If

you wish, you can choose to leave your
The primary purpose of a Will is to tell estate to charity.
your survivors how you want your
property distributed when you die. In Along with spelling out how you want
general, you can do whatever you want your property distributed, your Will
with your property as long as it is not must name a Personal Representative.
against the law. For example, a Will can This is the person who will administer
give property to specific people or a Will your Will in the probate court. The
can set up a trust for your minor children probate process involves many tasks,
so that your assets are used for their care such as identifying and gathering your
and education. If you are married and property, notifying your heirs, devisees,
have substantial assets, you can also set and creditors of your death, paying your
up trusts in your Will to help reduce debts and taxes (including filing all
Inheritance & Estate Planning 93
necessary tax returns), and distributing person with its own expenses and
your property according to your Will or requirements (trusts must be registered
according to state law. This person does and file income tax returns) so a trust is
not need to live in the same community not inexpensive to set up or administer.
or even in Alaska, but it may be more
convenient if she or he does. People You can also set up a trust during your
usually choose a loved one or a close lifetime. People sometimes do this as
friend to serve. Regardless, the Personal one way to minimize future estate tax
Representative is entitled to receive a liability or as a way to avoid probate in
reasonable sum as compensation unless Alaska and any other states where they
you indicate otherwise in your Will. own real property (land). These “living
Generally a Personal Representative has trusts” can take many forms and have
to obtain a bond to serve in that capacity. particular requirements depending on the
If you want your Person al desired result. You should consult an
Representative to serve without having estate planning attorney if you think you
to post a bond, you must specifically want or need this kind of trust.
state that the Personal Representative
may serve without bond in your Will. A Will also should nominate a guardian
Keep in mind the cost of the bond will or co-guardians for your minor children
most likely come out of the assets of the or for a disabled dependant. The court
estate. will strongly favor your nomination, but
the court cannot force that person to
A Will may also provide that a trust be serve as guardian and will not appoint a
set up at your death. A trust allows guardian who might not act in the child’s
property to be held by one person for the or dependant’s best interest. If your
benefit of another. For example, if you children have a surviving parent when
set up a trust in your Will for your minor you die, that person usually takes
children, you must name a trustee to custody automatically. This occurs even
manage the trust. The trustee is in charge if you are not married to the other parent
of managing the trust assets for your at the time of your death, unless it is not
children’s benefit according to the rules in the child’s best interest. If you do not
you have set forth in your Will for the want your ex-spouse to have custody,
creation of the trust. A bank or other you can state that intent and your
financial institution can also serve as reasons in your Will and the court will
trustee, but you should find out how consider those reasons in determining
much they charge before naming them. custody. The court also may consider the
Keep in mind that a trust is its own legal wishes of children over 14 when
appointing a guardian. It is a good idea
to select different people as your the event of your death, and it should be
Personal Representative and guardian as kept in a safe place. Most courts in
they have different duties and Alaska offer a safekeeping service for
responsibilities. Wills for a small fee (currently $40). If
you keep the Will yourself, it is
A Will also can disinherit someone other recommended you keep the Will in a fire
than your spouse who might otherwise proof box and not in a safety deposit
inherit from you if you did not have a box. It is only your original Will that
Will. For example, you may have a child may be admitted to probate; a copy is
you want to disinherit. You should invalid.
specifically mention this person’s
existence and your intent to disinherit What happens without a Will?
him or her. You do not need a reason for
disinheriting someone. If you have a If you do not have a valid Will when you
child who has been adopted by his or her die, state law determines who inherits
stepparent, that child still has a right to your estate. These laws, called laws of
inherit from both natural parents and intestate succession, give preference to
grandparents, unless specifically your spouse, children, and parents. This
disinherited. means that if you own property with
someone you are living with but are not
You must follow certain formal married to, that person may not receive
requirements to ensure that your Will is the property when you die. In order to
effective. The person signing the Will is provide for someone not included under
referred to as the “testator.” To make a state law, or to provide for someone in a
Will, the testator must be at least 18 different way than state law provides,
years old and of sound mind. In Alaska, you must have a Will.
a Will must be in writing and signed by
the testator or at her direction and If you are married and your husband dies
witnessed by at least two people. The without a Will, you are entitled to inherit
witnesses should also sign an affidavit all of his property if he has no surviving
that they witnessed the testator sign the parents or children, or if both of you
Will. This affidavit can be found in the only have children from that marriage. If
Alaska statutes. [AS 13.12.504.] A your husband is childless but has parents
handwritten Will is also valid in Alaska living, you are entitled to the first
as long as it is handwritten by the $200,000 of his estate plus three-quarters
testator and signed by the testator. of the remainder, and his parents receive
the rest. If he has children with you and
Your original Will is very important in
you have children from prior even if she decides to take her one-third
relationships, you receive $150,000 plus share of the augmented estate.
half of the remainder and your joint Allowances are paid before creditors of
children get the rest. If he has any the estate receive anything. The laws
children from a prior marriage, you governing inheritance apply equally to
receive $100,000 plus half of the men and women. Your husband will
remainder and his children get the rest. have the same right to claim one-third of
your estate as you do with his estate. He
If your husband has a Will that was also receives the same statutory spousal
signed before your marriage, you may allowances.
receive the share you would have
received had he not left a Will unless For inheritance purposes, a “spouse”
certain circumstances exist. If your includes only someone to whom you are
husband has a Will that leaves you out, legally married. If you get divorced,
disinherits you, or provides an amount your ex-spouse is treated like a spouse
less than what you would be entitled to who has died. Therefore, if you are
under state law, you can choose to take divorced and did not change your Will,
one-third of his augmented estate. This your ex-spouse will not receive a share
is known as the “elective share.” The of your estate, even if he is still named in
augmented estate is a complex concept the Will. This is true for life insurance as
that is set forth in the statute. It is well. Nonetheless, it is very important
important to remember that if you wish that you change your Will, the
to receive your share of your husband’s ownership of your bank accounts and
estate, you must make that decision your beneficiary designations on any life
within nine months of his death. The insurance policies and retirement
elective share must meet certain legal accounts to avoid any confusion.
requirements and it is recommended you
contact an attorney with expertise in A spouse who is planning a divorce or is
probate and estate planning. In addition, separated is treated the same as one who
a surviving spouse is entitled to a is happily married. A domestic partner
$27,000 homestead allowance, a or someone with whom you are living
$10,000 property allowance, and an will not be treated as a spouse for
additional family allowance for living inheritance purposes, even if you intend
expenses for the surviving spouse and to marry or act as if you are married.
children while the estate is being Alaska does not recognize the concept of
administered (not to exceed $18,000). “common-law” marriages.
The spouse can take these allowances
You can alter your rights as to these PROPERTY OWNERSHIP

rules with a prenuptial or a postnuptial
agreement (including a community Not all property will pass according to
property agreement). A prenuptial what your Will says. How you own your
agreement is a contract between you and property also plays a part in determining
your spouse-to-be, executed before the who will get that property. For example,
marriage, that spells out what your intent most married couples own real property
is with regard to property each of you as tenants by the entirety with a right to
own. A postnuptial agreement is the survivorship such that on the death of
same type of contract, but is executed one spouse the property automatically
after you are married. Either type of passes to and is owned by the surviving
agreement requires you each to fully spouse. Most joint bank accounts also
disclose the assets that you own. Each of are owned with a right to survivorship.
you should have your own attorney When you are making a Will or trust,
when you do these types of agreements you should review your assets to see
to make sure you are getting proper how they are owned. Then you can
advice. decide if your overall plan makes sense
or if you need to move some assets
Special inheritance issues arise with around.
regard to Native stock. If there is no
beneficiary designation on or with the What is your probate estate?
stock, it will pass by Will or intestate
succession. Alaska statute provides that The word “estate” has different
if there is no beneficiary designation or meanings. In its broadest sense, your
Will, a spouse receives all such stock if estate is all of the property you own at
there are no surviving children. If the your death. This may include real
deceased spouse has children, the property (your house), the face value of
surviving spouse receives one-half of the life insurance policies, retirement
stock and the children receive the other accounts, the value of your interest in
half. Native stock is not subject to the jointly held assets, bank accounts, and
probate court and the native corporation personal property (your car, household
is responsible for determining who furnishings and jewelry). The total value
receives the stock. It is recommended of these assets as of the date of your
that that you check your beneficiary death is your gross estate. Your
designations if you own native stock. “taxable” estate – the amount that will
be used to determine whether you will
owe estate taxes at your death – is the
value of your gross estate less certain change your beneficiary designations to
deductions. In 2006, the amount that an the persons you want to receive those
individual can pass free of estate taxes is assets.
$2 million. That amount will increase to
$3.5 million in 2009. The estate tax is In order to make sure your assets pass
repealed in 2010. Therefore, an according to your wishes, you need to do
individual who dies in 2010 can pass an two things. First, you need to have the
unlimited amount of assets estate tax right estate planning documents in place,
free. If Congress does not make the such as a Will or trusts, if appropriate.
repeal permanent, the amount that can Second, you need to make sure you have
pass free of estate taxes will decrease to property titles and beneficiary
$1 million in 2011 . designations in order, so that the
property will pass the way you want.
Your Will only controls assets that pass This may mean filling out new
through probate. There are many assets beneficiary designation forms or doing
that might pass to others when you die deeds to retitle property.
without going through probate.
Insurance policy proceeds and jointly What is your taxable estate?
held accounts are two common
examples. For example, if you have a Federal laws do not state how a person
$100,000 life insurance policy that can leave his or her property; that is left
names your children as beneficiaries, to state law. But the federal government
that money will pass to them directly at does impose estate taxes in certain
your death. If you name your husband as circumstances. An estate (including the
beneficiary and then get a divorce, face value of insurance policies,
Alaska law removes him as beneficiary retirement accounts, one-half of the
unless the policy provides otherwise. If value of jointly held assets, and other
you designate “my estate” as the property you own) of over $1.5 million
beneficiary of your policy, those same is taxable at a rate beginning at and
funds will belong to your probate estate increasing to 48 percent depending on
and will be administered according to the size of your estate. The top tax rates
your Will if you have one or the laws of are scheduled to decrease in the next few
intestacy if you do not. However, be years. If you have a sizable estate, you
aware that this law may not change the should consult an expert in estate
beneficiary on certain retirement planning. That person can advise you
accounts when you get a divorce. about your possible estate tax liability
Therefore, it is imperative that you and ways of reducing it. Keep in mind
that more of your property is considered a guardian or conservator for you. The
part of your “estate” for tax purposes power of attorney form used to designate
than for purposes of distribution under a another person to act for you is set out in
Will or by intestate succession. AS 13.26.332-335. You can also use a
DPOA to nominate a guardian or
You may have heard about Congress’ conservator for you in the event you
“repeal” of the federal estate tax in 2010. become disabled. You should carefully
This repeal, however, is only for the year read, understand, and consult an attorney
2010. As the law is currently written, in before signing a power of attorney.
2011 the estate tax laws with revert to
the laws in effect in 2001 including an You can sign an Advanced Health Care
exclusion for only $1 million. No one Directive authorizing another person to
knows what will happen between now make your health care decisions. The
and 2011, but this is an issue to keep in health care power of attorney is different
mind for estates worth more than $1 from the durable power of attorney
million. discussed above. If you do not have a
health care power of attorney, your
OTHER ESTATE PLANNING spouse or other family members may
TOOLS make your health care decisions,
including the decision to terminate life
What is durable power of attorney? sustaining measures. You also can
nominate a guardian to make the health
A durable power of attorney (DPOA) is care decisions for you if you are
a document you sign that gives another, disabled.
your “attorney-in-fact,” the power to
make decisions for you when you sign What are Living Wills?
the Power of Attorney or if you become
disabled. The person you designate can A competent person at least 18 years old
be anyone you choose: a family member, may sign a declaration (“Living Will”)
a friend, or a co-worker. DPOA’s can be that life-sustaining procedures be
limited for specific acts such as withheld or withdrawn in the event of a
purchasing a house or can encompass all terminal illness that will result in death
day to day activities. By choosing within a short time. The Living Will is a
someone you trust and who knows you, part of the Advanced Health Care
a DPOA allows you to choose how you Directive (AHCD). The Health Care
would want to act if you become Advance Directive can be signed in the
disabled. If you become disabled and do presence of two witnesses or a notary.
not have a DPOA, the court will appoint
Both witnesses must be personally attorney are all distinct legal acts that
known to you and at least one of them have special statutory and legal effects.
cannot be the agent appointed in the It is recommended that you see an
AHCD; related by blood, marriage or attorney to discuss any and all aspects of
adoption; or be a person who will receive these legal documents.
a portion of your estate under your Will.
You should provide a copy of the
Advanced Health Care Directive to your
primary care physician.
PLANNING FOR DISABLED

FAMILY MEMBERS
Estate planning for disabled children or

adults involves special concerns. Trusts
(or even the right to receive funds or
property from a trust) can result in
disqualification for Medicaid and other
public assistance programs. A
“Supplemental Needs Trust” is one way
to provide for a disabled person without
loss of benefits. The Supplemental Needs
Trust restricts the trustee from
distributing amounts that would
disqualify the beneficiary for benefits
such as Medicaid but that allows
distribution to add to the benefits already
being received. The property held by the
trust may not be owned by the disabled
beneficiary. You should consult with a
professional about setting up this type of
trust.
Do I need an attorney?
Drafting Wills, estate planning, creating

trusts, or giving a durable power of
Chapter Eight
NAMES, NAME CHANGES, SOCIAL SECURITY

NUMBER CHANGES, & BIRTH CERTIFICATES
If you wish to change your name, other than through marriage, you will be safest if
you get court permission, either according to Civil Rule 84 or through a divorce
action.
What is your name? of name. You have to show documents

proving identity under both your old and
If you are single, you probably use your new name. The IRS uses your name
parents’ last name. If you are married, from Social Security records. Be certain
you may or may not have taken your your names for these two agencies match
husband’s last name. Some courts feel so you get prompt tax refunds.
your name changes automatically upon
marriage. Other courts feel you must use KEEPING YOUR MAIDEN NAME
your husband’s name to make it your
own. The Alaska Supreme Court has If you choose to continue to use your
never decided whether your name parents’ name, you will not have to take
changes automatically upon marriage. any steps to notify agencies after
marriage. If you have difficulty getting
CHANGING YOUR NAME UPON documents as a married person using
MARRIAGE your own name, you should deal with
the agencies involved first. A lawsuit
Many women change their name upon over your name can be expensive.
marriage. If you choose to do so, notify
all agencies with which you deal, such as The IRS and the Alaska Department of
the Social Security Administration and Revenue should issue a refund check in
the Department of Motor Vehicles. the name under which you file, whether
you file jointly or separately. However,
The Social Security Administration be sure your tax name matches your
recommends that whatever name you name on Social Security records.
choose, you should use it all the time to
make sure you get credit for all benefits.
If you do change your name, you can fill
out a Social Security form for a change
Names 101
What are the name change procedures child have any particular name. There is
in Alaska? a requirement that a birth certificate be
filed within seven days after birth. The
Alaska Civil Rule 84 sets out a formal birth certificate states the mother’s
procedure for any person to change her name. If the mother was married at the
name. It is not clear if this rule cancels time of the baby’s birth, the birth
out the common law rule that a person certificate will also list her husband’s
could change their name at will so long name as the name of the baby’s father
as there was no intent to defraud others. unless a court (in a paternity suit) has
If you follow the procedures set out in decided that a different person was the
Rule 84, you can choose any name. father. [AS 18.50.160.]
Every Alaska court has forms for you to
use to apply for a name change. You do If the mother was not married at the time
not have to go through this procedure if of the baby’s birth, the father’s name can
you are getting a divorce. The judge can be left blank on the birth certificate. If
change your name as part of the divorce the mother and father, though unmarried,
decree without a separate proceeding. both request the father to be listed, the
[AS 25.23.260.] registrar must do this. A woman can
leave the father slot blank. If a later
If you want to change your child’s name paternity action establishes the father,
other than as part of an adoption the registrar can add or change the name.
proceeding, you need to have the [AS 18.50.160.]
consent of both the child’s legal parents
or legal guardians. If you do not have all NAME CHANGE WITHOUT
the required consents, you must prove to PUBLICATION/DOMESTIC
the court that you properly served a copy VIOLENCE SITUATIONS
of the name change petition and date and
time of hearing on the legal parents/ A victim of domestic violence can
guardians at least 30 days prior to the request a name change from the court
hearing. These procedures can be without publication. An attorney can
complicated; therefore, it is wise to prepare legal documents and provide
consult an attorney if you cannot obtain information to the court on why you
the required consents. need a name change and how publication
of the name change would put your
NAMING A CHILD safety at risk.
There is no requirement in Alaska that a

CHANGING YOUR SOCIAL

SECURITY NUMBER/DOMESTIC
VIOLENCE SITUATIONS
A victim of domestic violence can

request a new social security number by
providing information to the Social
Security Administration of social
security number misuse by the
perpetrator and/or the severe nature of
harassment/abuse or life endangerment.
Your local social security office can
provide forms and assistance in applying
for a new social security number. [See
handbook for contact information.] The
social security office will request
information documenting the nature of
harassment/abuse or life endangerment
including police reports, medical
records, other court documents or letters
from any agencies assisting you as a
result of the domestic violence. If you
are planning to change your name, you
may want to do so before changing your
social security number to ensure that
there is no record of the old name on the
new social security number.
Involuntary Commitment 103
Chapter Nine
INVOLUNTARY COMMITMENT
A person may be involuntarily committed to an approved health facility for treatment
of a mental health or substance abuse problem by court order if he or she meets
certain criteria.
What are Mental Health There are two ways that a person can be
Commitments? involuntarily committed. First, an adult
(the petitioner) can file a petition with
If a court determines that a person is the superior court to seek the involuntary
mentally ill and as a result of that commitment of another individual (the
condition is gravely disabled or likely to respondent). The petition must allege
cause serious harm to self or to others, that the respondent is believed to present
that person can be committed against his a likelihood of serious harm to self or
or her will to a facility for mental health others or is gravely disabled as a result
treatment. “Gravely disabled” means of mental illness and must specify the
that the person is, as a result of mental factual information on which the belief
illness, in danger of physical harm is based. After the petition is filed, the
because she or he is not taking care of judge conducts a screening investigation
basic needs like clothing, food, or of the respondent or directs a mental
shelter. [AS 47.30.915(7).] A person health professional to conduct the
must be given every reasonable screening investigation. This must
opportunity to accept voluntary happen within 48 hours. Often a mental
treatment before involvement with the health professional will call the judge
judicial system. If the patient is on and the judge will issue an oral ex-parte
involuntary status and elects to leave the order for a 72 hour mental health hold
treatment facility and the facility feels because the person has already been
the patient is gravely disabled or likely evaluated.
to cause harm to self or others, the
facility may initiate involuntary If the judge finds that the individual
commitment procedures. The patient can meets commitment standards, the judge
be involuntarily detained for 48 hours can order that the person be taken into
pending the initiation of involuntary custody and brought to a treatment
commitment hearing. facility for emergency examination
treatment. [AS 47.30.700.]
The second way that a person is person has a right to a jury trial and an
involuntarily committed for mental examination by a physician of choice for
health treatment involves an emergency 90 or 180 day commitments. The person
situation where safety considerations do must also be informed of the right to
not allow for the procedures set forth appeal any order of involuntary
above. In this situation, often referred to commitment. [AS 47.30.745-770.]
as a “POA,” a peace officer or mental
health professional may cause the person Individuals subject to civil commitment
to be taken into custody and delivered to should be aware that their conversations
the nearest evaluation facility. The peace with mental health professionals during
officer or health professional then must the commitment process may not be
complete an application for examination confidential because although the mental
of the individual. [AS 47.30.705.] health professional cannot breach
confidentiality in general, the person
A person who is taken in for emergency conducting a screening interview will
examination and treatment must be have to provide information to the judge
examined within 24 hours after arrival at at the hearing (which is a closed
the facility. Unless the person is released proceeding) unless otherwise requested
or agrees to voluntary admission, a by respondent.
hearing must be held within 72 hours
(not counting weekend and holidays) to What are involuntary outpatient
determine whether detention should commitments?
continue for up to 30 days. For example,
if a person is committed on Friday and A person involuntarily committed to in-
Monday is a holiday, a hearing must be patient care may be transferred to out-
held on Thursday. The person has the patient care if the person is no longer
right to be present at the hearing, likely to harm herself or others and will
represented by an attorney at no cost, to recover more rapidly as an out-patient.
present evidence, and to cross-examine Hospitals and other mental health
witnesses at this hearing. [AS 47.30.710- providers refer to this process as “early
725.] discharge.” Requirements may include
taking medication on a daily basis,
The court can order commitment for up keeping appointments at the community
to 30 days or order a less restrictive form mental health center, and other
of treatment. At subsequent hearings, a conditions. If the patient shows signs
person could be committed for 90 to 180 there is a likelihood of harm to self or
day periods. [AS 47.30.740-770.] A others or grave disability, the out-patient
provider must notify the patient verbally exercise religion just because of
and in writing to return to in-patient care treatment for mental illness. [AS
within 24 hours. If the patient does not 47.30.825-860.]
arrive at the facility within the specified
time, the police may bring the patient to ALCOHOLISM AND DRUG
the facility. [AS 47.30.795.] ADDICTION COMMITMENTS
What are forced medication orders? Under the Uniform Alcoholism and
Intoxication Treatment Act, people
If an evaluation or treatment facility suffering from alcohol and drug
believes a patient is incapable of giving problems have the right to treatment. As
informed consent to take psychotropic long as the person commits no crime,
medication, a physician can petition the drunkenness alone is not a crime [AS
court for an order to administer 47.37.010 et seq., Peter v. State, 531
medication without the patient’s consent. P.2d 1263 (Alaska 1975).]
[AS 47.30.839.] A hearing on the issue
has to be held and a court visitor is A person may voluntarily apply for
appointed to assist the court in treatment of alcohol or drug problems at
determining whether the patient has the an alcohol or drug treatment center. [AS
capacity to give or withhold informed 47.37.160.] A person who is intoxicated
consent. in a public place and in need of help or a
person who is incapacitated by alcohol
PATIENT RIGHTS or drugs in a public place may be
involuntarily taken into protective
People who are receiving treatment in custody by a peace officer and taken
mental health facilities keep certain home, to a treatment facility, or to jail if
specific rights under Alaska law. These no emergency medical service is
include the right to participate in setting available. [AS 47.37.170; Busby v.
up treatment plans, the right to know any Municipality of Anchorage, 741 P.2d
medications being given and possible 230 (Alaska 1987).] The person may not
side effects, and the right to refuse be kept at a jail for more than 12 hours
certain kinds of treatment. The person after admission or at any other treatment
has a right to privacy, to retain personal facility for more than 48 hours unless the
possessions, and to have documents and person is involuntarily committed to the
notices given in a language she can facility. A person who asks to remain at
understand. People do not lose civil a treatment facility may do so with the
rights such as the right to vote or consent of the physician in charge. [AS
47.37.170.] hearing must be held on the petition

within ten days. If the court finds
An intoxicated person may be grounds have been clearly established
involuntarily committed by a relative, for involuntary commitment, the person
spouse or other interested person in an may be committed for up to 30 days. At
emergency situation if the person is the conclusion of 30 days, the person
incapacitated by alcohol or drugs or has must be released unless the director of
threatened or attempted to physically the alcohol treatment facility files a
harm someone or is likely to inflict motion for recommitment. If the court
physical harm on another unless grants the motion for recommitment, the
committed. [AS 47.37.180(a).] A doctor person can be committed for up to 180
who has examined the person within the additional days. [AS 47.37.190-205.]
prior two days must include a certificate
supporting the need for emergency The patient has the right to contest any
commitment. An emergency petition for commitment or
commitment may not extend beyond a recommitment, be represented by
maximum time period of ten days and counsel at all proceedings and have a
the patient must be released within 48 jury trial on any request for
hours unless a judge has approved the recommitment. The state may seek
commitment. [AS 47.37.180.] You may repayment for the cost of treatment of
insist upon the appointment of a court alcohol/drug abusers from the patient or
visitor to advise the judge. those required by law to support the
person, taking into account income,
A spouse, relative, guardian, physician, savings, and other property of the person
or public treatment facility administrator liable for the costs. [AS 47.37.240.]
may petition the court for long-term
commitment of an intoxicated person. A PRIVILEGES CONCERNING
petition for such commitment is filed TREATMENT
with the Superior Court and must
demonstrate that the person is an A patient has a privilege to refuse to
alcoholic or drug abuser and has disclose and prevent other people from
threatened or attempted physical harm to disclosing personal confidential
another or is incapacitated by alcohol. communications by the patient with a
As with emergency commitment, the licensed doctor, psychotherapist,
petition must be supported by a doctor’s psychologist, marital or family therapist
statement unless the person has refused (or person the patient reasonably
to submit to a medical examination. A believed was such a doctor or therapist)
where the communication was for disclosure. [ARE 504.]

purposes of diagnosis and treatment,
including alcohol and drug addiction
treatment. The privilege can be claimed
by the patient, her guardian or personal
representative, and her doctor or
therapist (on the patient’s behalf).
The privilege, however, may be waived

or given up:
• when the communication is

information the doctor or therapist is
required by law to report to the
authorities, including suspected or
known child abuse;
• when the communication is relevant
to the physical, emotional, or mental
condition of the patient in a
proceeding in which the condition of
the patient is an element of the
patient’s claim or defense;
• when the communications are
relevant in proceedings for
hospitalization/commitment of the
patient;
• when the patient sues the doctor and
the communications are relevant to
the issues presented; and
• when the services of the doctor or
therapist were secured to commit
fraud or a crime.
Communications made during a court-

ordered medical or psychological
examination may not generally be
disclosed unless the judge orders
Chapter Ten
ADOPTION
Adoption is a legal procedure by which a permanent parent/child relationship is
created. When you adopt a child, you have to support the child as you would a natural
child. If your husband adopts your natural child, he has the right to seek custody of
the child if you get divorced. He must also pay child support if you receive custody in
a divorce action.
PLACING A CHILD FOR adopted and by whom.

ADOPTION
Whose permission is needed to adopt
If you are considering adoption, you can a child?
begin working with an adoption agency
during your pregnancy. Adoption For an adoption procedure to go
counselors can inform you of your forward, consent must be given in
options. It is important to choose writing by the biological mother. The
adoption counselors who will not father’s consent may also be needed if
pressure you and will respect your he is on the birth certificate or otherwise
choices. legitimized under the law. Consent must
be given by any person entitled to
The adoption process will create a new custody of the child and by the minor
parent-child relationship where one did child if aged 10 or older. [AS
not previously exist. The procedure will 25.23.040.]
also end the biological parents’ legal
parental rights and responsibilities, Can I change my mind after
bestowing them upon the adoptive consenting to an adoption plan for my
parents. [AS 25-23-130.] child?
Can I choose the family my child? Consent may be withdrawn within ten
days after the consent but before the
You have the right to choose the family court decree by written notice to the
with whom you want your child to live. person collecting the decree. You may
An agency should present you with also withdraw consent after the ten day
options and the chance to interview the period if the court finds that the
family. Even if you are a minor, you withdrawal is in the best interest of the
have the right to decide if your child is person being adopted.
Adoption 109
What if I can’t afford medical would be that the birth mother’s identity
expenses for my pregnancy? is needed for assisting the adopted
person in a medical emergency. If you
It is legal for your adopted family or are working through an adoption agency,
adoption agency to help with medical they may not disclose the child’s birth
expenses, and they may be willing to do name.
so. Women, Infants, and Children (WIC)
is a federally funded program that can ADOPTING CHILDREN
help with medical expenses. See the
Resource Directory at the end of this If you want to adopt someone, you
handbook for contact information. should contact an attorney or the Clerk
of the Superior Court nearest you. If
Can I see my child after she or he is there is a problem getting to the court,
adopted? you may be able to proceed by
telephone. [See Adoption of I.J.W., 565
Visitation between an adopted person P.2d 842 (Alaska 1977).]
and their natural parents are not
prohibited after the adoption, except An adoption proceeding is initiated by
through another court order. [AS filing a petition for adoption in state
25.23.130.] However, the adoption may court. The petition must include:
be an “open” adoption that expressly
permits visitation with the natural • the date and place of birth of the
parents. person to be adopted, if known;
• the name to be used for the person to
Can my identity be kept confidential? be adopted;
• the date of placement of the minor
If you would like your identity unknown
and the name of the person placing
to the public, it will be kept confidential.
the minor;
There are some exceptions, and adopted
children have the right to discover the • the full name, age, place, and
identity of their birth parents once they duration of residence of the person
are eighteen. [AS 18.50.500.] Adoption adopting the minor;
proceedings are held in a closed court, • the marital status of the person
and court records are only available for adopting the minor, including the
inspection if all interested parties date and place of the marriage, if
consent or if there is a court order for married;
good cause. An example of good cause • that the person adopting the minor
has facilities and resources, years old is allowed to see a copy of her
including those available under a original birth certificate and any changes
hard-to-place child subsidy that have been made to it. [AS
agreement, suitable to provide the 18.50.500.]
nurture and care of the minor to be
adopted, and that it is the desire of FINAL COURT DECREE AND
the person adopting the minor to REQUIRED CONSENT
establish the relationship of parent
and child with the person to be Natural parents can challenge an
adopted; adoption up until the date of the final
• a description and estimate of value court decree. [In re: Rita T. v. State, 623
of any property of the person to be P.2d 344 (Alaska 1981).] Generally, an
adopted; and adoption may not be challenged one year
• the name of any person whose after the final decree is issued unless
consent is required. [AS 25.23.080.] consent(s) were obtained illegally or the
person who adopted has never taken
Except in the case of stepparent custody of the child. [AS 25.23.140(b).]
adoptions, the Department of Health and If parental rights have been terminated,
Social Services will investigate whether the parent(s) whose rights have been
the adoptive parents will be good for the terminated may not generally object to
child. Anyone who can establish good the adoption under any circumstance if it
cause to adopt may adopt. This includes has been one year since the decree was
a single person, unmarried adults, the issued.
unmarried father or mother of the child,
domestic partners, same-sex partners, or If you adopt a child under age 18 in
a husband and wife. [AS 25.23.020.] Alaska, you must obtain the consent of
the mother or legal guardian. Any
An adoption also may be an “open” consent must state whether the child or
adoption that expressly permits visitation parent is a member of an Indian or
with natural parents, extended family, or Native tribe and must adhere to strict
tribe. If you want an open adoption, the p ro c ed u r a l r e q u ir eme n t s . [A S
provisions for visitation should be 25.23.060.] You also may be required to
expressly set forth for the court and obtain the consent of the father, even if
parties so there is no later there was no marriage. [AS 25.23.240.]
misunderstanding. If the child is more than ten years old or
has a spouse, the child or spouse also
An adopted person who is at least 18 must consent. [AS 25.23.040.] Consent
Adoption 111
by the Department of Health and Social another family or extended family

Services will likely also be required member in the child’s tribe [village]
unless the adoption is a stepparent when possible.
adoption. Consent means that the person/
agency freely agrees in writing and in Under ICWA, a Native child’s tribe has
conformance with strict court rules to the the right to intervene and participate as a
adoption. A person can take back their party in the proceedings. In any adoptive
consent to adoption within ten days after placement of an Indian [Native] child,
giving consent but generally must under State law a preference shall be
withdraw any consent before the final given, unless there is good cause to the
decree of adoption. contrary, to placement with:
There are exceptions to the consent • a member of the child’s extended

rules. If a person has unreasonably failed family;
to support or communicate meaningfully • other members of the Indian child’s
with the child for at least one year, tribe;
consent may not be necessary. [AS
• other Indian [Native] families. [25
25.23.050.] But even in such cases
U.S.C. § 1915(a).]
where consent is not required, the parent
must be notified of the adoption. If a
ICWA also requires that any consent to
parent cannot be found, you must sign an
adoption of a Native child be recorded
affidavit telling the court that it was
before a judge and accompanied by the
impossible to locate the parent and the
judge’s certificate that the terms and
efforts made to locate the parent. [AS
consequences of the consent were fully
25.23.100.]
explained to the parent(s) or Native
custodian and were understood by the
ADOPTION OF NATIVE
parent(s) or custodian. If the parent or
CHILDREN
custodian does not understand English,
the terms and consequences of the
The Indian Child Welfare Act (ICWA) is
parent’s actions must be explained in a
a federal statute that governs the
language the parent understands.
adoption of Native American children.
[25 U.S.C. § 1901-1963.] The purpose of
The Indian Child Welfare Act contains
the Act is to prevent the breakup of
very important requirements before
Native families, culture, and to place
adoption of a Native child can occur.
those Native children who must be
Anyone wishing to adopt a Native child
removed from their families with
should consult an attorney who is
Chapter Eleven
REPRODUCTIVE RIGHTS
Courts have held that most reproductive choices are private matters. A woman’s right
to make reproductive choices freely is part of a larger constitutional right of privacy
or liberty. Decisions relating to contraception and procreation are among the many
decisions that an individual may make without unjustified governmental interference
because they are basic to individual dignity and autonomy. They may be regulated
only if constitutional guarantees of privacy and self-determination are protected.
However, the government may indirectly influence a woman’s access to birth control,
available medical procedures, and health care services by conditioning or eliminating
funding for programs.
What is the right to reproductive sexuality, reproduction, methods of

freedom? contraception, fertility control, and
parenthood.
The fundamental right of every
individual is to decide freely and How can a woman obtain information
responsibly when and whether to have a and access to family planning centers
child. It includes the principles of in Alaska?
individual liberty and right to privacy.
Reproductive freedom includes the right Public health clinics provide family
to: planning and health services targeted to
low-income women and teens. Nine
• privacy, especially in human clinics have Family Planning Programs:
relationships; Bethel, Fairbanks, Craig, Juneau, Kenai
• education and information that Peninsula, Ketchikan, Prince of Wales
empower individuals to make Island, Kodiak, and Palmer/Wasilla.
informed decisions about sexuality Reproductive health services available at
and reproduction; and public health clinics include:
• nondiscriminatory access to
c o n fi d en t ia l , co mp r e h en si v e • family planning;
reproductive health care services. • pregnancy testing;
• prenatal monitoring;
Reproductive rights include access to • postpartum home visits;
information and services related to
Reproductive Rights 113
• STD testing and counseling; • pregnancy testing and options

• HIV testing and counseling; counseling;
• emergency contraception; • STD testing and treatment including
• birth control and contraceptive confidential HIV/AIDS testing and
methods; and counseling;
• non-scalpel vasectomies are • abortion (medical and surgical
provided in Anchorage, Kenai, abortions available at Anchorage
Fairbanks, Homer, and Soldotna. and Fairbanks clinics), adoption &
prenatal referrals;
See the Resource Directory at the end of • screenings for breast and cervical
this handbook for contact information cancers;
for the clinic nearest you. • colposcopy and cryotherapy; and
• menopausal services.
PLANNED PARENTHOOD OF
ALASKA See the Resource Directory at the end of
this handbook for information on the
Planned Parenthood of Alaska is a non- reproductive services available in
profit organization that provides Alaska.
confidential services to minors and
adults, both men and women. Planned What if I do not have money to pay
Parenthood of Alaska is committed to for services?
preserving access to all forms of safe
reproductive health care – including Many women are eligible for free and/or
abortion. Medical services available low cost contraceptive services,
from Planned Parenthood of Alaska pregnancy testing, diagnosis/treatment of
include: sexually transmitted diseases, HIV
testing, and other services. Public health
• gynecological exams & pap smears; clinics offer free or sliding scale services
• birth control and other contraceptive to low income Alaskans. Planned
methods including Birth Control Parenthood offers services on a sliding
Now – a program that allows many scale basis according to income and
healthy women to receive hormonal family size. Medicaid also covers
birth control without first having a contraceptives, prenatal care, and testing
pelvic exam; for STDs. Private Insurance companies
• emergency contraception; may cover contraceptives. Check with
• pills by mail; your health care provider.
SEXUALLY TRANSMITTED physician’s office, public health clinic,

DISEASES or at Planned Parenthood.
There are two types of sexual BIRTH CONTROL AND

transmitted diseases (STDs) – bacterial CONTRACEPTIVES
infections and viral infections. Bacterial
infections can be treated and cured In Alaska, licensed physicians and nurse
whereas viral infections can often be practitioners can prescribe birth control
treated, but there is no permanent cure. methods believed medically advisable,
Common bacterial STDs are syphilis, including birth control pills, diaphragms,
chlamydia, and gonorrhea. Common cervical caps, IUDs, or implants. Any
viral infections include the human pharmacist can sell non-prescription
immunodeficiency virus (HIV), hepatitis birth control materials, such as condoms,
B & C, herpes simplex I & II, and the vaginal pouch (female condom),
human papilloma virus (HPV). spermicides, contraceptive foams,
creams, jelly, films, or suppositories. In
It is important to get tested for STDs, consultation with a physician,
and you have the right to ask your community health aides can provide
partner to be tested as well. Many STDs prescription birth control materials.
are easily treatable. However, STDs that (community health aides are primary
are left untreated may have negative health care providers working in rural
affects on your health and cause cancer areas under agreements with Indian
or sterility. Other STDs, such as Health Service physicians.) In larger
HIV/AIDS, may shorten your life. Many communities, Planned Parenthood and
STDs do not have symptoms or at least most public health clinics provide birth
do not have symptoms right away. control methods.
Therefore, you may not be aware that
you have contracted a STD and The Alaska Department of Health and
unknowingly pass it to your partner or Social Services is responsible for
vice versa. While your annual preparing information about family
gynecological exam and pap smear may planning, fetal alcohol syndrome, and
detect some STDs, many STDs will not the effects of drug use and battering
show up on your annual exam. The only during pregnancy. [AS 18.05.035-.037].
way to be certain if you have an STD or These materials are free and available at
not is to be tested for specific STDs. hospitals, public health clinics, and
women’s health clinics throughout the
You can be tested for STDs at your local state.
What contraceptive choices are prescription. Vaginal spermicides such

available? as foams, jellies, creams, films, and
suppositories can be applied inside the
There are various forms of birth control. vagina in combination with any barrier
It is best to check with your local family method of birth control for more
planning clinic on the effectiveness, effective birth control. There are also
possible side-effects, and cost of the prescription barrier methods such as
following choices. Birth control is diaphragms, caps, and shields.
available at Planned Parenthood without Diaphragms and cervical caps are put in
a physical exam (although an exam is the vagina before sexual intercourse and
encouraged within the first three months are 84 to 94 percent effective. Cervical
of using birth control) and is available caps are less effective for women who
on a sliding-scale basis of payment. have given birth.
Please remember that condoms (male
and female condoms) are the only form The most common form of hormonal
of birth control that also protect against birth control is the birth control pill. It is
sexually transmitted diseases (STDs). 92 to 99 percent effective when taken
properly. There is also a patch, called
There are behavioral methods of birth Ortho-Evra, which looks like a band-aid
control such as continuous abstinence, and slowly releases hormones through
predicting fertility (rhythm method), and the skin. It is placed somewhere on the
withdrawal methods. It is important to body for three weeks and removed for
have a professional teach you about one week. Used properly, the patch is 99
predicting fertility. Even with the percent effective. Depo-Provera is an
withdrawal method, some pre-ejaculate injection that lasts three months and is
can cause pregnancy. Because these 97 to 99 percent effective. There is also
methods depend on your personal a NuvaRing which is a vaginal ring that
behavior, their effectiveness varies stays in the vagina for three weeks and
greatly. removed for one week and is 99 percent
effective.
You can also use barrier methods such
as the male condom and the female The intrauterine device (IUD) is another
condom. Both available at pharmacies option. It is inserted in the uterus by a
and markets. The male condom is 85 to physician and prevents fertilization. It is
98 percent effective and the female 98 to 99 percent effective. There are two
condom is 79 to 95 percent effective. forms of IUDs, one is made of copper
Both are available without a and can be left in place for 12 years and
one contains a hormone and can be left prescription for emergency

in place for five years. contraception. Planned Parenthood can
provide emergency contraception
Planned Parenthood has an excellent free prescriptions by phone for patients who
brochure describing each contraceptive are unable to get to a clinic within 72
method’s effectiveness, advantages, hours. Public health clinics also can
possible side-effects, and cost. Another provide emergency contraception. See
resource is the Alaska Book of Choices, the Resource Directory at the end of this
published by the Juneau Pro Choice handbook for more information.
Coalition and available online at
http://juneauchoice.com.
ECP is also available without a
EMERGENCY CONTRACEPTION prescription at some pharmacies in
Anchorage, Fairbanks, Juneau, Kenai,
If you have had unprotected sex or your Kodiak, North Pole, Seward, Sitka, and
regular birth control method failed and Soldotna. The FDA recently made
you fear that you may be pregnant, you emergency contraception legally
can obtain emergency contraception pills available without a prescription for
(ECP). ECP is often referred to as the women and men over 18 years of age
morning after pill, and it is the throughout the United States, which
equivalent of the high dose of hormones means that other stores will be able to
found in birth control. ECP can reduce sell it over-the-counter if there is
the risk of pregnancy for up to 120 hours demand to stock it.
after sexual intercourse. The pills are
most effective within 72 hours of sexual Do I need consent from my parents to
intercourse. If taken within 72 hours, obtain birth control in Alaska if I am
they can reduce the risk of pregnancy a minor?
from 75 to 89 percent. Another form of
emergency contraception is the insertion No. You can confidentially access
of a copper intrauterine device (IUD) information on your options through one
within five to seven days of unprotected of the Alaska Planned Parenthood clinics
sex. listed in this chapter or your local public
health center or community health clinic.
Emergency contraception may be
available through your local pharmacist
over the counter for women ages 18 and
over. Girls 17 and under need a
Does a woman need her information.

partner/husband’s consent to obtain
or use birth control? What types of financial assistance are
available to pregnant women in
No. A woman can confidentially seek Alaska?
information and access birth
control/contraceptive methods, whatever A woman in financial need can seek aid
her age or marital status. when she learns she is pregnant. One
source of help is a federally funded
What choices are available if I am program called Women, Infants, and
pregnant? Children (WIC). WIC provides
nutritional assistance to women, infants,
There are several options available. You and children. Information about the WIC
may choose to: program in your area is available
through any public clinic or hospital.
• have a baby and raise the child; Public health clinics also provide free or
• have a baby and place the child for sliding scale pre-natal care. See the
adoption; or Resource Directory at the end of this
handbook for more information.
• end the pregnancy.
ABORTION
There is no right or wrong choice for
everyone. Only you can decide which
Abortion is legal in Alaska. However,
choice is right for you. You can talk
Alaska law states that it must be
about your feelings with your partner,
performed by a licensed physician in an
someone in your family, or a trusted
approved hospital or clinic. There are
friend. All Planned Parenthood clinics
two forms of abortion available
have specially trained counselors who
depending on how far along the
can talk with you about your options.
pregnancy is. Medical abortion is a non-
Your counselor will not pressure you
surgical method used to induce an
into any decision against your will. You
abortion up to eight weeks after the start
may bring your partner, your parents, or
of your last menstrual period.
someone else if you wish. Look for a
Medication is given either orally
clinic that will give you complete
(Mifeprex, also called RU 486) or by
information about your options. If you
injection (Methotrexate) followed by a
need help, call your local Planned
second medication (Cytotec). The
Parenthood. See the Resource Directory
combination of the two medications
at the end of this handbook for more
induces abortion. Surgical or suction Can low-income women obtain

abortion is used in both the first government funding for an abortion
trimester (between six and thirteen or other loans and grants?
weeks) and second trimester (up to
nineteen weeks). Yes. Although federal funding is
prohibited, funding from the State of
Does a minor have a right to obtain an Alaska is available for abortion services
abortion without notice to, or the for low income women. In 1998, the
consent of, one or both parents? Alaska State Legislature eliminated state
coverage for abortions. However, in
Yes. Alaska’s parental consent law has March of 1999, a Superior Court Judge
been ruled unconstitutional by the declared denial of funding for medically
Alaska Superior Court and cannot be necessary abortions unconstitutional,
enforced. The court held that minors noting that “Alaska’s privacy guarantee
have a fundamental right to privacy is broader in scope than the implicit right
under the Alaska Constitution that is of privacy guaranteed by the federal
equal with adults when making constitution.” [Planned Parenthood of
reproductive decisions. The judge Alaska, et al. v. Karen Perdue,
decided the case on equal protection Commissioner, Dept. of Health & Social
grounds. [Planned Parenthood of Services, & the Dept. of Health & Social
Alaska, et al. v. State of Alaska, Supreme Services, State of Alaska (No. S-09109).]
Court No. S-08580.]
Though the state was ordered to start
Must a woman obtain her husband’s paying for medically necessary abortions
consent or notify him before getting in April 1999, it failed to do so for more
an abortion? than a year. It began paying claims in
Fall 2000, only when ordered to by the
No. Alaska has no laws requiring a court following contempt proceedings.
spouse’s consent or notification before a Like Alaska, the vast majority of states
woman obtains an abortion. In addition, considering this question under their
the United States Supreme Court has own state constitutions have concluded
ruled that states may not force a woman that once a state chooses to provide
to obtain her spouse’s consent for an pregnancy benefits, it must fund all
abortion. However, some states have services equally. Today, the State of
passed laws requiring a spouse’s Alaska is required to pay Medicaid
notification or consent regarding the claims for therapeutic abortion services.
abortion.
There are several loans and grants [Valley Hosp. Ass’n, Inc. v. Mat-Su
available to Alaskan women seeking Coalition for Choice, 948 P.2d 963
abortions. The Alaska Pro-Choice (Alaska 1997).]
Alliance administers Pauline’s Loan
Fund, which is a fund established to Can a woman obtain a third trimester
assist low-income women who either abortion in Alaska?
chose to have an abortion or need one
for medical reasons, but who are unable No. There are no medical providers in
to access funds for a legal and safe Alaska available to perform late
abortion. There are also funds available trimester abortions. Alaska also has a
for travel support for Alaska women to statute banning late term abortions. [AS
travel to Seattle to obtain an abortion. 18.16.050.] However, this law cannot be
The Washington chapter of the National enforced. An injunction issued in 1997
Abortion and Reproductive Rights prevented the Alaska ban from taking
Action League (NARAL) provides effect. In early 1998, the Anchorage
housing, transportation, and logistical Superior Court struck down the ban,
support to Alaskan women to travel to ruling that it violated a woman’s
Seattle for an abortion. See the Resource fundamental right to make her own
Directory at the end of this handbook for reproductive decisions and her right to
more information. privacy under the Alaska Constitution.
The Superior Court found that Alaska’s
Can a hospital receiving public money law was so vague that it could apply to
prohibit abortions? virtually all of the safest, most common
abortion procedures used prior to fetal
No, not in Alaska. In a recent case, the viability and that this vagueness was a
Alaska Supreme Court ruled that the deliberate attempt by the legislature to
Valley Hospital must allow doctors to scare doctors from performing legal
perform abortions in the facility because abortions for fear of prosecution.
it is a quasi-public institution that [Planned Parenthood of Alaska, et al. v.
receives public money and because the State of Alaska, Case No. 3AN-97-
right to privacy in the state’s constitution 06019.]
protects a woman’s right to an abortion.
In this significant case, the court said In June of 2000, the state withdrew its
that reproductive rights are fundamental pending appeal in the Alaska Supreme
rights under the Alaska Constitution’s Court and let stand the Superior Court
express protection of the right to ruling that Alaska’s statute banning so-
privacy, found in Article I, section 22. called “partial birth” abortions is
unconstitutional. Can a woman be sterilized without her

informed consent?
Where can a woman obtain abortion
services or counseling? No. The United States Supreme Court
has held that people may not be
Contact your local Planned Parenthood sterilized against their will except in
listed in this chapter. For a listing of extremely limited situations. [Skinner v.
current abortion providers in Alaska and Oklahoma, 316 U.S. 535 (1960).] The
the Northwest United States, read the Alaska Supreme Court has stated that
Alaska Book of Choices at Alaska courts will consider requests
www.juneauchoice.com. from a guardian to sterilize a legally
incompetent person. The guardian must
ADOPTION clearly prove that sterilization is in the
best interest of the incompetent. It must
See Chapter Ten for more information also be determined the incompetent is
about adoption. not capable of making her own decision
as to sterilization and that sterilization is
STERILIZATION the only practicable means of birth
control. Medical evidence must be
Any woman may seek sterilization presented at the hearing and an attorney
through a hysterectomy, tubal ligation, (guardian ad litem) must be appointed to
or other procedure from her physician or represent the incompetent. [In re
clinic. There is no state law regulating C.D.M., 627 P.2d 607 (Alaska 1981).]
these procedures. However, some
doctors or hospitals may be reluctant to ARTIFICIAL INSEMINATION, IN
sterilize a young woman or one who has VITRO FERTILIZATION, EMBRYO
no children. There is also a 30 day TRANSFERS, AND SURROGATE
waiting period required by federal law MOTHERHOOD
for sterilization programs funded with
federal monies. Sterilization is more than Modern medical techniques and people
99 percent effective but in rare cases willing to assist others in having a baby
(about one in 100 per year) a woman can allow couples to bear children in a
still become pregnant after sterilization. variety of ways. As artificial
Sterilization should be considered non- insemination, fertilization, and embryo
reversible and is a permanent decision. transplant are part of a relatively new
field, laws governing the legal
relationships that result from use of such
techniques are still developing. Anyone other employees’ ability to work. For
considering having a child through example, if an employer requires its
artificial insemination, in vitro employees to submit a doctor’s
fertilization, embryo transfer, or a statement concerning their inability to
surrogate mother should consult an work before granting leave or paying
attorney about the obligations, duties, sick benefits, the employer may require
and rights of the persons (including the employees affected by pregnancy-related
child, natural parent, donor or surrogate conditions to submit such statements.
parent) involved.
If an employee is temporarily unable to
The only law currently in Alaska perform her job due to pregnancy, the
addressing any of the above procedures employer must treat her exactly the same
is that concerning artificial insemination. as any other temporarily disabled
In Alaska, a child born to a married employee. For example, they must be
woman by means of artificial provided modified tasks, alternative
insemination performed by a doctor and assignments, disability, or leave without
consented to in writing by both husband pay.
and wife is considered for all purposes
the natural and legitimate child of both Pregnant employees must be permitted
spouses. [AS 25.20.045.] Although not to work as long as they are able to
specifically addressed by statute, where perform their jobs. If an employee has
the husband does not consent to artificial been absent from work as a result of a
insemination, he may not have any legal pregnancy-related condition and
obligation to acknowledge or support the recovers, her employer may not require
child. [See K.E. v. J.W., 899 P.2d 133 her to remain on leave until the baby’s
(Alaska 1995).] Alaska law does not birth. An employer may not have a rule
address legal consequences of in vitro that prohibits an employee from
fertilization or surrogate motherhood. returning to work for a predetermined
length of time after childbirth.
PREGNANCY AND MATERNITY
LEAVE Employers must hold open a job for a
pregnancy-related absence the same
An employer may not single out length of time as jobs held open for
pregnancy-related conditions for special employees on sick or disability leave.
procedures to determine an employee’s See Chapter Three for more information
ability to work. However, an employer about employment discrimination.
may use any procedure used to screen
CHILD CARE FRINGE BENEFITS

Leave for child care purposes is not Pregnancy-related benefits cannot be
covered by the Pregnancy limited only to married employees. In
Discrimination Act, but it is covered by an all-female workforce or job
the Family Medical Leave Act (enforced classification, benefits must be provided
by the U.S. Department of Labor). for pregnancy-related conditions if
However, Title VII requires that leave benefits are provided for other medical
for child care purposes be granted on the conditions.
same basis as leave granted to
employees for other non-medical If an employer provides any benefits to
reasons, such as non-job related travel or workers on leave, the employer must
education. provide the same benefits for those on
leave for pregnancy–related conditions.
HEALTH INSURANCE
Employees with pregnancy-related
Any health insurance provided by an disabilities must be treated the same as
employer must cover expenses for other temporarily disabled employees for
pregnancy-related conditions on the accrual and crediting of seniority,
same basis as costs for other medical vacation calculation, pay increases, and
conditions. Health insurance for temporary disability benefits.
expenses arising from abortion is not
required, except where the life of the The U.S. Equal Employment
mother is endangered or medical Opportunity Commission has issued
complications arise from the abortion. guidelines, including questions and
answers, interpreting the Pregnancy
Pregnancy-related expenses should be Discrimination Act. [29 CFR 1610.]
reimbursed exactly as those incurred for
other medical conditions, whether Thanks to Planned Parenthood
payment is on a fixed basis or a Federation of America, Inc. and Planned
percentage of reasonable and customary Parenthood of Alaska in assisting with
charge basis. materials to this chapter. Some materials
in this chapter were adapted and
The amounts payable by the insurance reprinted with permission from The
provider can be limited only to the same Rights of Women, The Basic ACLU
extent as costs for other conditions. No Guide to Women’s Rights, Third Edition,
additional, increased, or larger 1993.
deductible can be imposed.
Parent and Child 123
Chapter Twelve
PARENT AND CHILD

Every person under the age of 18 is considered a minor in the State of Alaska. Upon
your 18th birthday, you reach the age of majority. [AS 25.20.010.]
AGE OF MAJORITY majority (to be emancipated) upon

marriage. [AS 25.20.020.] See Chapter
The age of 18 is important for civil and 13 for more information.
criminal liability. Persons under 18 are
normally treated as juvenile offenders EMANCIPATION
(rather than as criminals), although there
are many exceptions to this rule. For A minor who is at least 16 years old may
example, the law prohibits people under petition the Superior Court for the right
21 from drinking or possessing alcohol to be recognized as an adult. If the court
and people under 19 from using tobacco agrees with the minor’s petition and
products. Minors of any age are issues an order saying so, the minor is
generally treated as adults and subject to said to be “emancipated.” [AS
adult penalties when they commit traffic 09.55.590.] A guide to emancipation and
or fish and game offenses. In addition, sample petition for use in seeking
minors over 16 may be treated as adult emancipation is available at courthouses
criminals when they commit serious throughout Alaska. Once emancipated,
crimes involving violence. Generally, if the minor will be treated as an adult in
a minor is subject to adult penalties, they all situations except where federal and
are not put in jail with adult criminals state law requires her to be a certain age
but are usually put in a locked facility – for example, voting, and drinking.
designated for juveniles until they are 18
years old. BUYING AND RENTING
PROPERTY WITH CHILDREN
Persons under 18 are also not generally
legally responsible for debts. In general, Parents of small children often learn that
the law presumes that minors under 18 children are not welcome in certain
who have not been emancipated do not apartments. The Fair Housing Act makes
have the capacity to contract. However, it illegal for landlords to discriminate on
a minor under 18 who is legally married the basis of family status. [42 U.S.C.
is deemed to have reached the age of 3601.] This law applies to most
landlords. Family status includes of court (and sometimes jailed) for not
households that have minor children or paying support.
pregnant women. The Fair Housing Act
prohibits discrimination in selling as The child support enforcement program
well as renting. is a federal, state, and local effort to
collect child support from parents who
CHILD CUSTODY are legally obligated to pay. See Chapter
14 for more information about child
If there is a court order placing your support.
children in the custody of another
person, you cannot take the children PARENTAL RESPONSIBILITY
away without violating a criminal law. AND OTHER PEOPLE
However, if your parental rights have
never been subject to a court order, you If your child purposefully destroys real
have the right to custody of your or personal property of another, you as
children subject to reasonable custody the parent or legal guardian of the child
and visitation rights of the other parent. may be responsible for paying for up to
$10,000 of the damages, plus court
If your husband is an alcoholic or a costs. [AS 34.50.020.] You could have
batterer and you want to leave him, you to pay for all the damages your child
can take your own children with you. causes to another person, even if it was
This is not kidnapping. However, you not intentional, if you negligently failed
cannot take children away from the other to supervise your child and that was the
parent without acting reasonably or you reason the damage was caused. Your
could be subject to criminal penalties. homeowners or apartment dwellers
You should seek the advice of an insurance may provide some insurance
attorney if you have questions about coverage for claims like these. If
your parental rights. someone makes a claim or sues you,
immediately notify your insurance
CHILD SUPPORT company.
Parents have an obligation to provide DISCIPLINE

room, board, and medical assistance for
their children. In addition, if there is a You can physically punish your child but
court order directing a parent to pay a not so severely that the child suffers
particular amount of support for a minor physical harm. Alaska law provides that
child, the parent can be held in contempt a parent, guardian, or other person
entrusted with the care of a minor child MEDICAL CARE

may only use that force (or punishment)
that is reasonably necessary and You must provide medical care for your
appropriate to promote the welfare of the children until they are 18. However, if
child. The reasonableness of the you belong to a recognized church that
punishment is measured by an objective treats sickness through prayer rather than
standard – what a reasonable person by medicine, the court may order the
would do under the circumstances. state not to intervene. [AS 47.10.085.]
If a child is subjected to unreasonable EDUCATION

punishment or placed in danger, the
parent or custodian may be charged with Every child between the ages of 7 and 16
a crime and the state, through social must attend school. Parents have a right
workers and attorneys, could seek to send children to a religious school or
custody of the child by alleging the child to keep them at home to study, as long as
is in need of aid. [AS 47.10.010 et seq.] the program is approved by the state.[AS
However, just because the state 14.30.010.]
intervenes does not mean you lose all
rights to the child. STATE INTERVENTION
CHILDREN IN NEED OF AID
If the state seeks to limit your parental
rights, a court must hear the case and the If state officials go to court and the court
state must prove its case that your child decides the child is “in need of aid,” the
is in need of aid by putting on evidence state can take legal and physical custody
and testimony to support its petition. of the child for up to two years and can
During the proceedings, you have the ask for extensions past the two years.
right to a court appointed attorney if you [AS 47.10.080.] If a child is taken away
cannot pay for an attorney yourself. The from her parents but the parents’ rights
child has a right to a court-appointed have not been terminated, the parents
guardian known as a guardian ad litem. still have the right to reasonable
The guardian ad litem is appointed to visitation and the right to agree to or
advocate for and represent your child, refuse to consent to the child’s marriage,
not to represent your interests. [AS adoption, military enlistment, and major
47.10.050.] All hearings are confidential medical care, including medication to
unless the child and her guardian ad treat a mental health disorder. [AS
litem want certain people to be present at 47.10.084(c).]
the hearing. [AS 47.10.070.]
The court’s intervention is a temporary [Rita T. v. State, 623 P.2d 344 (Alaska
limitation of parental rights. When the 1981).]
situation improves, the court can review
the situation and return the child to the REPORTING CHILD ABUSE
parents. [AS 47.10.080(c).]
If you see a child being harmed, do not
What is termination of parental hesitate to report it. The Office of
rights? Children’s Services (OCS) in the
Department of Health and Human
In rare cases where there is continuous Services is responsible for investigating
harm to a child, the state may try to child abuse. You can contact them by
terminate or end a parent’s rights in calling 1-800-478-4444. If you are
court. [AS 47.10.080(c)(3).] Termination unable to reach OCS, you should contact
of parental rights is usually final. The the police. These reports are
parents cannot, after termination, confidential. [AS 47.17.040(b).]
exercise any control over the child.
There may be no visitation rights or in The Department of Health and Social
some cases some visitation rights can be Services can obtain emergency custody
retained. The state cannot seek of a child if the child has been
termination until it tries other ways to abandoned, denied necessary food, care,
solve the problems. [AS 47.17.030(d).] clothing, shelter, medical attention, or
The child protection law that went into has been physically or sexually abused.
effect on September 16, 1998 provides [AS 47.17.070 and AS 47.10.142.] If
for time-limited services for families that emergency custody is assumed, the
are not Alaska Natives. If the state Department must notify the parents that
cannot reunify the family after 15 they have taken emergency custody of
months of reasonable effort, the state can the child and file a petition with the
pursue terminating parental rights. court advising that the child is in need of
When Alaska Native families are aid within 24 hours. The court must hold
involved, the state must engage in active a hearing on the child’s custody within
efforts to reunify the family. 48 hours of their notification by the
Department of Health and Social
It has been held that a mother whose Services. [AS 47.10.142.]
parental rights were terminated because
of physical abuse could still challenge Most people whose job puts them in
her child’s adoption after termination but contact with children are required by law
before the final court decree of adoption. to report suspected child abuse. This
includes mental health providers, admission concerning the child’s

substance abuse counselors, social paternity should be deposited with the
workers, parole and police officers, State Bureau of Vital Statistics. Upon
crisis intervention workers, teachers, request, the registrar must make a new
child care providers, and school birth certificate. [AS 25.20.050(c).]
administrators. [AS 47.17.020.] People
cannot be sued for making these reports Even if paternity is not formally
in good faith, even if they turn out to be established but the child is clearly the
wrong. [AS 47.10.050.] child of a particular man, the child may
be entitled to some of his benefits. For
INDIAN CHILD WELFARE ACT example, the Alaska Supreme Court has
said that a child born after the father’s
The Indian Child Welfare Act (ICWA) is death and out of wedlock is entitled to
a federal law which addresses the state’s the father’s workers’ compensation
role in cases involving Indian children, benefits. [S.L.W. v. Alaska Workmen’s
including Alaska Natives and American Compensation Board, 490 P.2d 42
Indians. You should consult with an (Alaska 1971).]
attorney who specializes in this field or
your tribal corporation if you have If you have children and do not want to
questions about this area of the law. See marry the father, one protection is a Will
Chapter Ten for more information about by the father in favor of the child. This
ICWA. Will, if properly signed, will be good
even if the father does not otherwise
PATERNITY ISSUES admit he is the father of the children.
There is no presumption that a biological A father also may list children as

father is the father of a child unless the beneficiaries on any life insurance
parties are married at the time of the policies or other forms of compensation
birth. Written admissions are a useful from his employer such as SBS,
technique for people who do not wish to retirement, or deferred compensation. It
get married but who want children otherwise may be difficult to receive
together. If a father makes a formal benefits from the father if paternity was
admission, the child will have fewer not established and the children were not
problems with inheritance of the father’s living with him or being supported by
property and other benefits. him at the time of his death.
Any court judgment or written

RUNAWAY CHILDREN attorney if they cannot afford an

attorney. If the court finds the child is a
When a report is made to any state law Child in Need of Aid, the court can order
enforcement agency that a minor has run that the minor and/or her parents
away from her parents or guardian, the participate in treatment or that other
police department must immediately file actions be taken to protect the child. [AS
a missing person’s report and transmit it 47.10.141.]
to state and federal authorities. The
police must make reasonable efforts to
locate the child. Once the child is
located, she may be taken into protective
custody. Once in protective custody, the
child will usually be returned home or
placed at another location agreed to by
the minor and her parent or guardian.
[AS 47.10.141.]
A runaway child can also be placed at a

state-licensed runaway facility or shelter
and will be placed in such a facility if
there is cause to believe the child has
experienced physical or sexual abuse in
the parental home. The parents or legal
guardian must be immediately notified
when a child has been taken into
protective custody. A court hearing will
occur any time a runaway is placed in
protective custody and not returned
home.
If the child is habitually absent from

home or refuses care, the state can file a
petition with the court asking that the
child be declared a Child in Need of Aid.
Both the parent and the child have the
right to be present at the hearing and to
be represented by a court-appointed
Marriage and Domestic Partnerships 129
Chapter Thirteen
MARRIAGE AND DOMESTIC PARTNERSHIPS

Marriage is a legal state. To enter into it, you must observe certain formal legal
requirements. Once married, you have rights and duties defined by law.
TRADITIONAL MARRIAGE What are the marriage formalities

required by Alaska law?
There is no common law marriage in
Alaska. However, Alaska does give full In order to get married in Alaska, you
faith and credit to marriages from other must apply for a marriage license and
states. For example, if you had a have the marriage solemnized by a
common law marriage in a state that religious official, marriage
recognizes such marriages before you commissioner, or judge. [AS 25.05.261
moved to Alaska, your marriage would & AS 25.05.091.]
be legal here as well.
You can apply for a marriage license at
What are the age and other legal most courthouses. It usually takes three
requirements for marriage in Alaska? days from the time you apply until you
get the license. In some remote areas you
Anyone 18 or older may generally get may have to apply for the license
married. If a person is at least 16 years through a notary public or the post
old, she may marry with the written office.
consent of her parents or guardians. If
she is more than 14 years old, she may You may have any kind of ceremony
marry by obtaining a court order stating you want as long as you “declare in the
that marriage is in her best interest. [AS presence of each other and the person
25.05.171.] There is no difference in the solemnizing the marriage and in the
age requirement for women and men. presence of at least two competent
witnesses that you take each other to be
Marriage to more than one person is husband and wife.” [AS 25.05.301.]
illegal. It is also illegal to marry a close
relative. [AS 25.05.011 and 25.02.021.] Does your name automatically change
upon marriage in Alaska?
When you get married, your name does

not automatically change to your
husband’s, but you may change your are prepared properly. [Brooks v.
name to your husband’s name or to a Brooks, 733 P.2d 1044 (Alaska 1987).]
hyphenated name by taking your In order to be valid, a contract should be
marriage certificate to the Department of fair, clear, involve property issues,
Motor Vehicles and getting a new include promises from both parties, and
license. You should also provide the include a full disclosure of each person’s
marriage certificate to the Social property. It is usually advisable for each
Security Administration. Most other party to the pre-marital contract to be
agencies (credit cards, banks, voter represented by their own attorney.
registration) will accept the new license
to change your name on their records. If you wish to cancel or revise the
contract during your marriage, you
Some women keep their maiden names should do so in writing. You will also
for business and professional reasons, need to check your Will, if you have
but use their husbands’ name socially. one, to see if any changes need to be
This is fine, but your driver’s license, made to it in order to be consistent with
social security, voter registration, charge the pre-marital contract.
accounts, and bank accounts should be
in your legal name and your employer Courts will usually not enforce a
should be reporting your wages in your contract solely concerning personal
legal name. duties. Courts will enforce financial
agreements, including agreements to
What is an annulment? waive claims to the spouse’s estate or to
convey property.
A marriage may be voided or annulled if
either of the persons who are married
Most pre-marital agreements concerning
were not able to give consent because of
large amounts of property require legal
age or lack of understanding. The
help and knowledge of tax laws.
marriage may also be voided or annulled
if it was obtained by force or fraud or if MARITAL PROPERTY
the marriage was not consummated. [AS
25.05.031.] What are the property rights of
marital partners?
PRE-MARITAL CONTRACTS
Some people draw up pre-marital The Alaska statutes regarding property
contracts regarding their property rights rights of married people make each
after marriage or in the event of divorce. spouse liable only for her or his own
These contracts are legal provided they property. [AS 25.15.010.] For example,
if your husband owns a boat in which open a savings account in your name and
you have no interest and the boat runs your husband would have no control
into a dock and destroys the dock, you over it unless you give him legal access
will not have to pay for repairs to the to it.
dock just because the boat belongs to
your husband. On the other hand, if you Can I sue my husband?
have property of your own, you are
required to maintain the property In Alaska, you can sue your husband for
yourself. You can sell or transfer negligent or intentional wrongs or torts
property to your spouse. [AS 25.15.030.] that he has committed. [Armstrong v.
You are not liable for the pre-marital or Armstrong, 441 P.2d 699 (Alaska
separate debts of your spouse. For 1968).] If your husband is injured by
example, if your husband is making another, you can sue the wrongdoer for
payments on a college loan, you do not loss of your husband’s consortium or
become obligated on these loans just services. [Schreiner v. Fruit, 519 P.2d
because you are his wife. [AS 462 (Alaska 1974).]
25.15.050.] Similarly, just because you
are married, you do not become liable to What are types of jointly held
pay your husband’s debts or bills if you property?
have not agreed with the creditor to do
so. However, if you and your husband A wife and husband who buy property
are both signors on a credit card, both of together always own it as tenants by the
you are responsible for any debts either entirety. Only married people may own
of you may incur. If you separate, you property as tenants by the entirety. The
should terminate the joint account and unique feature about tenancy by the
get credit in your own name. Of course, entirety is the right of survivorship.
both you and your spouse remain When one owner dies, all of the property
responsible for any debt from the automatically goes to the surviving
account after it is closed. spouse.
If you maintain your own property, such Tenancy in common is ownership with
as a checking account, your husband has no right of survivorship. Each owner has
no automatic control over it. [AS her own individual interest in the
25.15.060.] You have every right to property that can be sold freely during
separate your property from your life or passed by will. Each tenant, or
husband’s and prevent him from having owner, is entitled to possession or use of
access to it. For example, you could the whole estate, but no co-tenant has the
right to sole possession of any part. A Property Rights of Domestic Partners

tenant in common has a right to have a
court separate the property. Property rights of domestic partners are
determined by looking at the express or
MARRIAGE-TYPE implied intent of the parties with regard
PARTNERSHIPS AND NON- to each piece of property at issue. To
TRADITIONAL MARRIAGES prove express intent, it is clearly best to
have written agreements regarding each
What are non-traditional marriages? partners interests in the property. If there
is no written agreement, then the court
Alaska law is somewhat unsettled in the will look at the implied intent by
area of non-traditional marriages and analyzing, among other factors, whether
marriage-type partnerships. Alaska law the parties have:
does not recognize common law
marriage (unless the common law • made joint financial arrangements
marriage occurred in a different state such as joint savings or checking
where such marriages are recognized accounts, or jointly held titled
and the parties then moved to Alaska). In property;
1999, the Alaska Constitution was • filed joint tax returns;
changed to prevent same-sex couples
• held themselves out as husband and
from entering into the legal institution of
wife;
marriage in Alaska. Alaska law currently
defines marriage as “a civil contract • contributed to the payment of
entered into by one man and one household expenses;
woman.” Cohabitation alone creates no • contributed to the improvement and
property interests. An unmarried maintenance of the disputed
domestic partner of either sex may not property; and
have the same opportunity to a fair • participated in a joint business
property settlement as a married person. venture. (Bishop v. Clark, 54 P.3d
804 (Alaska 2002)).
To protect your legal interests in
property of any non-traditional union, OTHER CONSIDERATIONS FOR
you and your partner should put your DOMESTIC PARTNERS
agreements on these matters in writing.
You should also carefully read any Unmarried domestic partners should
insurance policies covering health, life, carefully consider their respective legal
and property to determine coverage. rights and liabilities arising from the
relationship. If you want to own property policy, you should ask your insurance
together so that you and your partner company to arrange for coverage of your
will both have an interest in the property partner. State workers that are in
in case your partner dies or you separate, domestic partnerships are eligible for
you should keep your property in both benefits provided to their partners
names, including joint checking through the state. In 2005, the Alaska
accounts, ownership of real property as Supreme Court ruled that it was a denial
tenants in common, and a written of equal protection of law for the state to
agreement and last Will and testament deny benefits to same sex partners,
that specifically sets forth your although the legislative and executive
intentions and agreements. If you want branch have been hostile toward
to keep your property separate, you implementation of these rights. [ACLU
should also put that agreement in v. State of Alaska, Municipality of
writing. You should be aware that you Anchorage, 122 P.3d 781 (Alaska
may be liable for the reasonable value of 2005).]
contributions (including money, labor or
other services) to you or your property in
the event of death or separation. If your
partner dies or you separate and you and
your partner have not put your
agreement regarding property in writing,
you should be aware that the law
regarding your property interest in your
partner’s property and your partner’s
interest in your property is unsettled. If
possible, obtain advice from an attorney
to ensure a fair distribution. Do not
assume that because the property was in
the legal name of one person that the
other person has no interest.
Be especially careful about insurance. In

most cases, life and health insurance
does not cover unmarried domestic
partners although some insurance plans
are broad enough to cover your partner.
If you are purchasing an insurance
Chapter Fourteen
DIVORCE, DISSOLUTION, CHILD CUSTODY, &

CHILD SUPPORT
This section sets forth your rights under present law and offers suggestions on how
your rights can be protected in either a divorce, child custody, or dissolution
proceeding in Alaska. Be aware that subjects covered in this chapter can change quite
rapidly.
The information contained in this chapter is not intended to be and should not be
used as a substitute for legal advice regarding specific factual situations. If legal
advice is required, the services of an attorney should be sought.
THE DIVORCE PROCESS AND MEETING WITH YOUR

FINDING AN ATTORNEY ATTORNEY
For many women, the most difficult See Chapter Two for more information
legal issue they ever face is getting a about finding an attorney.
divorce or filing for child custody. A
woman’s husband or partner may Usually, you will have a first interview
threaten to harm her or take the children with an attorney before he or she will
away and he or she may remove all the take your case. There is sometimes no
money from the joint savings account. A fee for this interview, but you should
woman may feel isolated and scared, yet confirm when you make an appointment.
she must deal with the stress of finding
an attorney and protecting herself. The attorney will ask for facts about the
case. If you have been a victim of
In addition, divorce often causes a domestic violence, the attorney will ask
severe decline in the standard of living about dates of past abuse and whether
for women because of the impact it may you can document this. Police and
have on her income and housing medical reports will be of help. If you
situation. have witnesses to any abuse, be prepared
to give their names. You will also need
information about property, debts, and
family income. All information provided
Divorce, Dissolution, Child Custody, & Child Support 135
to your attorney is confidential. Your toward a trial. This process generally

attorney is never allowed to tell this takes six months to one year. However,
information without your permission, even if the other side answers, it is likely
except in very special circumstances, that the parties will “settle” the case, or
such as if you sue your attorney. reach an agreement on all the issues,
Generally, you cannot be required to tell before trial. Alaska Legal Services and
someone else what you have discussed the Alaska Network on Domestic
with your attorney. Violence and Sexual Assault’s Pro Bono
Program offers clinics to help people
What is divorce versus dissolution? who might be able to get a default
divorce. Contact your nearest office to
Alaska has two proceedings for ending a find out if they offer this service. See the
marriage – divorce and dissolution. The Resource Directory at the end of this
divorce procedure is for cases in which handbook for more information.
the parties cannot agree on all issues.
Since divorce requires that strict In a dissolution, the court must review
procedural rules be followed, it is best to the agreement to see that it is fair. The
be represented by an attorney. [AS court will use heightened scrutiny if:
25.24.050.] A dissolution proceeding
requires that both parties agree on all • one person is represented by an
issues in the termination of the marriage. attorney and the other is not;
A dissolution is easier for a person not • a domestic violence criminal
represented by an attorney to do on their complaint has been filed;
own, although an attorney is
• there is a minor child;
recommended if there are significant
property or child custody issues. • there is evidence that one party
committed a crime involving
In a divorce, one party files a domestic violence during the
“complaint” for divorce in court and the marriage;
other party has 20 days to answer. If the • a protective order has been filed in
other side fails to answer, then the this or another state; or
person who filed the complaint may • the property division seems
obtain a default divorce. This greatly inequitable on its face.
simplifies the divorce process and
generally only takes two to three Once the forms are completed and
months. If the other side does answer, signed by both parties, a hearing will be
then the parties will litigate the case set (usually within 60 days). Either party
can change their mind and stop the Chapter 13 for more information.
proceedings before the final hearing. If
the dissolution does not require Is it necessary to hire an attorney for
heightened scrutiny, one party may sign divorce or child custody proceedings?
a waiver of appearance and not attend
the hearing. In a dissolution requiring If there are no children and property,
heightened scrutiny, both parties must be marital couples may be able to handle
present at the hearing unless the court their own divorce without attorneys.
finds the presence would constitute a This is called appearing pro se (“for
significant hardship and that a just oneself”). Although this alternative is
agreement has been reached. One party much less costly than hiring an attorney,
may file separately if the whereabouts of it can be confusing and time consuming.
the other spouse is unknown and there Anyone who has children, property, or
are no issues of child custody or support. other complex issues should seek the
advice of an attorney.
You can obtain instruction packets and
all necessary forms for dissolution at If you cannot afford an attorney, you
your local courthouse. Many women may qualify for no-cost assistance
seek advice from an attorney (on issues through the Alaska Legal Services
such as child support, custody and Corporation or through the Alaska
valuation of property) and then use the Network on Domestic Violence and
dissolution process. The Family Law Sexual Assault’s Pro Bono Program. If
Self-Help Center can also help with you cannot find an attorney, then you
information on representing yourself should contact the Alaska Court
through this process. See Chapter Two System’s Family Law Self-Help Center.
for more information on the Alaska The Family Law Self-Help Center
Family Law Self-Help Center. provides educational information and
sample pleadings to people who are
What is a child custody action? representing themselves in family law
proceedings.
If a woman was not married to the father
of her children, she can file a child
custody action to determine custody,
visitation, and child support. [AS
25.20.060]. She can also file a motion to
determine property division of joint
assets and payment of joint debts. See
If your spouse has an attorney, do you agreement to marry followed by

need your own attorney for divorce/ cohabitation (holding themselves out to
child custody proceedings even when others as being married-living together,
you and your spouse have made a sharing bank accounts, etc.) A common
friendly agreement to negotiate the law marriage does not involve the
details? traditional marriage license and
ceremony required by the majority
Yes. No matter how amicable the states. Alaska does not recognize
relationship with your spouse, you have common law marriage. However, Alaska
interests separate from his in a divorce would recognize a valid common law
and should be represented separately. marriage from another state.
This is vital. Even if you eventually
decide not to retain an attorney to If a woman has a common law
represent you, you should consult with marriage from another state, does she
an attorney at least once to get impartial have to get a divorce to end it?
advice on your situation.
Yes, and it is important to do so. There
What are the grounds for divorce in is no such thing as a common-law
Alaska? divorce, and if she does not get a regular
court divorce, any later marriage,
There has been widespread adoption of including a ceremonial one, will be
“no-fault” grounds for divorce through invalid.
the United States. “No fault divorce”
means that the parties do not have to Does a woman have to be an Alaska
prove why they want to terminate the resident to file for divorce or
marriage. One person’s assertion that dissolution?
they want out of the marriage because of
“incompatibility of temperament” is Alaska no longer has a residency
sufficient, even without the other party’s requirement in order to file for divorce.
agreement. In Alaska, you can also The only requirement is that one spouse
obtain a divorce on traditional fault be living in Alaska with the intent to
grounds, but this is not necessary. [AS remain here when the complaint or
25.24.050.] petition is filed. However, the court is
unable to decide property issues against
What is a common law marriage? a person who is not a resident of the
state unless that person has lived in
A common law marriage is created by an Alaska for at least six months within the
six years before filing the divorce. [AS What kinds of protections are
09.05.015.] available while the divorce and/or
child custody action is pending?
For the court to decide child custody, it
must determine that is has jurisdiction When a divorce is filed with the court, a
under the Uniform Child Custody standing order issued by the presiding
Jurisdiction and Enforcement Act judge takes effect. Standing orders vary
(UCCJEA). [See later in this chapter.] depending on the court location, but they
The court can set child support against all include three important protections.
another person if: They prohibit either party from:
• the other parent can be served in the • disposing of assets except for
state; reasonable and necessary expenses;
• the other parent resided with the • threatening or harassing the other
child in this state; party; and
• the other parent resided in the state • removing any minor child involved
and supported the child at one time; from the State of Alaska.
• the child resides in this state because
of acts or directives of the other What other protections are available?
parent;
• the other parent engaged in sexual While the divorce is pending the court
intercourse in this state through may order:
which the child may have been
conceived; or • that one spouse pay an amount of
• the other parent acknowledges money to allow the other to pay for
parentage in a writing deposited with an attorney or other costs to carry on
the Bureau of Vital Statistics in the divorce;
Alaska. • that one spouse pay reasonable
spousal maintenance, including
Even if the court does not have authority medical expenses;
to decide support, a parent should ask for • that one spouse pay reasonable
it since the court can always defer the support for minor children in the
issue to the Child Support Services care of the spouse;
Division (CSSD) who can bring an • that one spouse is entitled to
interstate action. See CSSD later in this necessary protective orders,
chapter. including orders:
ο providing for the freedom of “What is mediation?” on the next

each spouse from the control of page for more information on
the other; available protections when one party
ο for a civil protective order under objects to mediation on the grounds
AS 18.66.100-18.66.180; [See that domestic violence has
Chapter Five for more occurred.] [AS 25.20.080(f).]
information on civil protective
orders] Why would a woman want to obtain
ο for an order directing one protections during the pendency of
spouse to vacate the marital her divorce action?
residence or home of the other
spouse; Women can be at increased risk of
ο restraining a spouse from violence from their spouse when they
communicating directly or attempt to leave an abusive relationship
indirectly with the other spouse; or obtain a divorce. Data from the
ο restraining a spouse from National Violence Against Women
entering a propelled vehicle in Survey, the first-ever national study on
the possession of or occupied by stalking, sponsored jointly by the
the other spouse; and National Institute of Justice and Centers
ο prohibiting a spouse from for Disease Control and Prevention,
disposing of the property of confirms previous reports that violence
either spouse or marital property against women is predominantly
without the permission of the intimate partner violence. It also
other spouse or a court order. demonstrates the high risk of separation
• interim custody and visitation order violence when a victim attempts to leave
that will continue until there is a an abusive partner. Among victims of
settlement or trial in the case; violence committed by an intimate
• in certain circumstances, if both partner, the victimization rate of women
parties agree and after a hearing, that separated from their husbands was about
the parties engage in mediation or three times higher than that of divorced
family counseling. [Important Note: women and about 25 times higher than
The court may not order or refer that of married women. The study found
parties to mediation in a proceeding that 503,485 women are stalked by an
concerning custody or visitation of a intimate partner annually in the United
child if a domestic violence States. Other studies have shown that
protective order issued or filed under although divorced and separated women
AS 18.66.100-180 is in effect. See compose 7 percent of the population in
the U.S., they account for 75 percent of safety of the victim and any household
all battered women and report being member, taking into account the results
battered 14 times as often as women still of an assessment of the potential danger
living with their partners. posed by the perpetrator and the risk of
harm to the victim. The court cannot
What is mediation? order or refer a victim of domestic
violence to mediation if a protective
Divorce mediation is a relatively new order is in effect. [AS 25.20.080 & AS
concept. It is a voluntary process in 25.24.140.] Where there has been
which a neutral third party, a mediator, domestic violence in the past, the victim
helps the couple reach a mutually is permitted to have a person of the
acceptable agreement about their victim’s choice, including an attorney, in
respective rights and responsibilities attendance. Mediation is held in private
after divorce. It is less formal than court and is confidential. The mediator may
proceedings, and even if the people are not testify about the mediation
represented by attorneys, the attorneys proceedings. [ARCP 100(g).] The cost
usually do not actively participate in the of mediation may be paid by one party,
mediation process itself. The goal of by both parties, or by the state if the
mediation is to help reach an agreement, parties are indigent. If mediation or
and the mediator does not have authority negotiation fails, the matter will proceed
to impose a decision on the parties, through court.
although some mediators do pressure
parties to agree to a settlement. Is mediation mandatory in Alaska?
Mediation (using a third party to help At any time within 30 days after a
you communicate and reach an petition for child custody is filed under
agreement) can be used to settle any or AS 25.20.060 or during the pendency of
all aspects of a divorce. Either party can a divorce proceeding (Civil Rule 100)
petition the court to order mediation or the court may order the parties to submit
the parties can engage in mediation to mediation. [However, as discussed
without a court order. [ARCP 100; & AS above, there are limits and prohibitions
25.20.080.] However, the court cannot on mediation if there is domestic
order a victim of domestic violence to violence involved.] Each party has the
engage in mediation unless she wants to right to challenge peremptorily one
use mediation and mediation is provided mediator appointed. Mediation shall be
by a mediator who is trained in domestic conducted informally as a conference or
violence in a manner that protects the by telephone. The parties to the action
and a court-appointed representative of and most other states, neither the

the minor children shall attend. [AS mediators nor the mediation process is
25.20.080.] If the mediator determines regulated. Moreover, mediation
that mediation efforts are unsuccessful, privatizes family disputes at a time when
the mediator shall terminate mediation women’s advocates have made great
and notify the court that mediation progress in improving laws to give
efforts have failed. The custody women more rights in divorce.
proceeding shall proceed in the usual
manner. Finally, in assessing mediation, it should
be remembered that most divorces are
What are the advantages and only attorney-assisted negotiations
disadvantages of mediation in the because the couples usually resolve the
divorce process? issues without a full scale trial. Against
that backdrop, mediation may not be
Many women’s advocates believe that cheaper or faster than the regular divorce
the disadvantages of mediation outweigh process and may result in a less
the advantages. Others disagree. favorable result for women.
Mediation is sometimes less costly and
less time consuming than the litigation Are there any situations where
process. However, it can be more costly mediation should definitely not be
if each party retains an attorney in used?
addition to paying the mediator (which is
definitely advisable). And it is usually Yes. Victims of domestic violence
more time consuming if the mediation is including physical, sexual, or emotional
not successful, since then the parties abuse should not use mediation. This is
have to begin or re-enter the court because the mediation process relies on
process. It is more informal than a judge- good-faith bargaining between parties
decided divorce, but informality may who possess equal bargaining power,
work to the woman’s disadvantage. which does not exist in an abuser/victim
situation. For example, despite a
The chief disadvantage of mediation is woman’s needs and expectations of the
that because it does not operate under process, she may be too fearful of
any specific legal standards, it only retaliation to speak up for her own
works between parties of equal interests.
bargaining power, and there is still
pervasive inequality between men and
women in our society. Also, in Alaska
PROPERTY DIVISION deciding whether a fifty/fifty split is

equitable:
In some states, any property either
spouse owns or acquires during the • age of parties;
marriage automatically becomes • earning abilities;
“community property” of both spouses
• duration of marriage;
such that both have an equal interest in
the property. Alaska is not a • conduct of the parties during the
“community property” state. However, a marriage;
law was passed in 1998 that allows • circumstances and needs;
married people to agree in writing that • health and physical condition; and
their property shall be considered • financial circumstances (including
“community property.” the time and manner of acquisition
of property, its value and its income-
Alaska instead is an “equitable division” producing potential). [Wanberg v.
state. Alaska law requires that courts go Wanberg, 664 P.2d 568 (Alaska
through a four step process in dividing 1983).]
marital property. First, the court must
determine what is marital property. Therefore, there is no guarantee that all
Generally, everything acquired during the property will be divided in half,
the marriage, with the exception of although in practice that is often done.
inheritances and gifts, is marital property Alaska statutes specifically provide that
subject to division. Property acquired earning capacity includes length of
prior to the marriage usually is not absence from the job market and
marital property. However, property custodial responsibilities for children
acquired prior to the marriage may be during the marriage and states that the
considered marital property if one party court must consider the desirability of
can prove that it was the intent of the awarding the family home or right to
owner to make it marital property and live in it to the party with primary
there are acts to prove it. physical custody of the children. [AS
25.24.160(a)(4).]
In the second step, the court will value
the marital property. The third step Finally, in the fourth step, the court will,
requires the court to divide the property if necessary, invade the premarital
with the assumption that a fifty/fifty property of either spouse if an equitable
division is equitable. However, the court division is not possible based on the
will consider the following factors in parties’ marital property.
addition, courts will consider fishing

Alaska statute says that the court is not permits, stock in a Native Corporation,
to look to the fault of either of the parties the cash value of insurance, stock in a
in deciding how the property is to be closely held corporation, or an interest in
divided, but must rather look to overall a professional or other business.
fairness. [AS 25.24.160(a)(4).] Private
retirement pension benefits, military DEBTS
retirement pay, and civil service benefits
are available for distribution in a Debts are considered “marital property”
divorce. Even if they are not yet vested, and are divided in the same four step
the court can keep control of the case to process as marital assets. However,
divide them when and if they vest. [Lang unlike assets, who owns the debt is
v. Lang, 741 P.2d 1193 (Alaska 1987) important. While the divorce court can
(military); Monsma v. Monsma, 618 P.2d divide the debt or give it to one party to
559 (Alaska 1980) (civil service); pay as part of the divorce decree, it is the
Morlan v. Morlan, 720 P.2d 497 (Alaska named person on the debt who remains
1986) (private retirement).] If you or liable to the creditor. Therefore, it is
your spouse have rights in a pension or important when you separate to stop
retirement plan, vested or not, try to incurring mutual debt. Additionally, you
learn the value of that benefit and check will want to take responsibility for those
with an attorney or accountant about debts in your name, assuming this can be
how this should be considered in making accomplished within an equitable
a division of the property. division of property.
The order which the court must enter to TAX CONSEQUENCES-PROPERTY

award one spouse a share of the other’s DIVISION
retirement is called a Qualified Domestic
Relations Order (QDRO). There are If each spouse just receives his or her
many technical requirements for these own separate property or if the jointly-
documents so you may want to contact owned property is divided equally, there
the plan’s administrator to obtain the is no tax consequence. That means you
correct form. do not pay income tax even if the
property you get has increased in value
Other employment benefits such as unless you sell it.
unused leave or vacation pay,
supplemental benefits, and stock option If there is an unequal division of joint
plans are also subject to division. In property or one spouse transfers separate
property to another, there may be a tax the other. However, there is strong
gain or loss. Contact an accountant, preference to provide support through
attorney, or the IRS about the tax division of property. [Malone v. Malone,
consequences if you are considering this 587 P.2d 1167 (Alaska 1978); AS
type of division. [IRS Publication 504.] 25.24.160.] The courts seldom provide
long-term alimony for wives unless there
MODIFYING DIVORCE DECREES is evidence of health problems, the
woman is past middle age, the woman is
Other than for issues involving children unemployable, or the marriage was long-
– custody, visitation, and support – the term and there are not enough assets to
court’s ability to modify issues in the provide for her support.
divorce once the decree is final is
limited. There are a few narrow grounds There are two types of alimony in
including fraud, newly discovered Alaska – reorientation and rehabilitative.
evidence, and inadvertence that would Reorientation alimony is support for a
allow the court to reconsider issues short period of time that allows one
within one year. After one year has spouse to adjust financially to the effects
elapsed, it is extremely difficult to of the divorce. Rehabilitative alimony is
relitigate any property or debt issues. support to allow one spouse to do certain
things to improve her financial situation,
CHANGE OF NAME such as education or job training. This
type of alimony is usually awarded in
The court may order either party’s name long-term marriages where the wife has
changed in a divorce or dissolution, but left her career or training to raise
if it is to a name other than a prior name, children or followed her husband in his
the ordinary requirements for name career. The court requires that any
change must be followed. [AS amount that is awarded as rehabilitative
25.24.165.] See Chapter Eight for more be closely linked to the costs of the
information about names. education or job training sought. An
award of alimony is to be based on the
Can I receive alimony from my ex- division of the marital assets, the length
spouse? of the marriage and station in life, the
age and health of the parties, their
In the area of alimony, or financial earning capacity and financial condition
support for one spouse from the other, (including cost and availability of health
Alaska law provides that either spouse insurance), and the parties’ conduct
may be ordered to provide support for during the marriage, including any
unreasonable depletion of marital assets. according to court set guidelines

[AS 25.23.160.] contained in Alaska Rules of Civil
Procedure 90.3. If one parent has sole or
What are the tax consequences of primary physical custody of the child,
alimony? the other parent pays a percentage of
their adjusted annual income as child
The person paying alimony may deduct support.
it on their federal taxes and the person
receiving it must declare it as income. Adjusted annual income is a parent’s
[IRS Publication 504.] total income from all sources minus any
mandatory deductions, such as federal
Who pays for attorneys fees in a income tax, social security tax,
divorce? mandatory retirement deductions and
union dues, other court-ordered child
The earning powers of the parties are support, and work-related child care
considered in deciding whether or not to expenses for the children. The parent
make one party pay the other’s attorney without custody pays a percentage of
fees. Attorney fees can be made payable their adjusted income per month for
in advance or at the end of the child support. This equals 20 percent of
proceedings. Women who are having adjusted income for one child, 27
trouble paying for legal representation percent for two children, 33 percent for
may want to petition the court for three children, and an extra three percent
attorney’s fees in advance. Alaska Legal for each additional child.
Services Corporation has packets that
can assist pro se individuals file for If the parent has an adjusted annual
attorney fees at the beginning of a case. income of over $100,000, the court
cannot award more than the parent
CHILD SUPPORT would pay based on a $100,000 adjusted
annual income unless it is just and
In Alaska, both parents, even if they do proper, taking into account the needs of
not have custody of their children, have the children and their standards of living.
a duty to support them. [Matthews v. Alaska Civil Rule 90.3 specifies that the
Matthews, 739 P.2d 1298 (Alaska 1987) minimal child support which should be
and AS 25.20.030.] paid is $50 per month (except in cases of
shared, divided, or hybrid cases).
In divorce, dissolution, or child custody
cases, child support is awarded The parent paying child support also gets
credit for health insurance and medical parent the difference between the two
costs that are required by the court and multiplied by 1.5.
actually paid. There are some narrow
exceptions to setting child support You can obtain a copy of a booklet
according to Civil Rule 90.3 guidelines entitled How to Calculate Child Support
including a large family, significant Under Civil Rule 90.3 from your local
income of a child, divided custody, and/ courthouse so that you can calculate
or extraordinary high or low expenses. child support requirements.
However, in working out a dissolution
agreement, the parents cannot just agree CHANGES TO CHILD SUPPORT
to reduce the child support amount
below the guideline unless the court Either party or the state has the right to
finds that unusual circumstances justify request a review of a child support order.
varying the child support obligation in There are several reasons why an order
the manner provided by the agreement. could be modified. Some of the
situations that could result in a
The court can allow the non-custodial modification follow:
parent to reduce child support payments
for any period the parent has an • child support guidelines were
extended visitation (defined as over 27 adopted or significantly amended
consecutive days), but the order needs to after the existing support order;
specify the amount of the reduction • the income of the obligor changes so
which cannot be greater than 75 percent that the support order is 15 percent
of the total monthly award. Also, a higher or lower than the present
parent is considered to have shared support order; or
physical custody, for purposes of child
• there is no medical support order in
support rules, if the children are with
effect.
that parent for at least 30 percent of the
year, regardless of who has legal
If either party requests a review, both
custody. If the parents have shared
parties will be required to provide Child
physical custody, then each parent
Support Services Division (CSSD) with
calculates under the guidelines what they
financial info rmation. Private
would pay to the other, and then they
agreements between parties are not valid
multiply that amount by the percentage
unless they are approved by a judge or
of time the parent will have physical
entered in a court order of a case in
custody of the children. The parent with
which the child support order is being
the larger figure then pays the other
enforced by CSSD. It is important to
note that child support payments cannot [Note: Custodian is the person who has
be changed retroactively. Therefore, if the care, control and maintenance of a
you are paying too much or receiving child(ren) as determined by a court or
too little, you should act immediately to agreed upon by both parents. This
modify the support calculation. person will receive the support as
specified in a child support order. The
Pro se packets are now available to Office of Children’s Services is the
modify child support. You can request custodian for children in their custody.
the court to modify child support without The obligor/non-custodial parent is the
using CSSD or an attorney person who must pay support because
they do not have daily care or
The Alaska Court System recently maintenance responsibilities.]
finished a project that produced “forms”
for pro se parties to move the Court to What services are available in Alaska
modify child support without CSSD or from CSSD?
attorneys. The forms are available in the
Clerk’s Office, and they are fill-in-the- The Child Support Services Division
blank type forms. They require that the can:
other party and CSSD be legally served
with the motion and supporting • provide child support services when
documents. either parent or a third-party
custodian applies;
CHILD SUPPORT SERVICES • establish paternity if it has not
DIVISION (CSSD) already been established;
• establish a child support order;
Every state has a child support
enforcement program to collect child • enforce a child support order, even if
support from parents who are legally the paying parent is not in Alaska;
obligated to pay it. In Alaska, the Child • obtain an order to modify an existing
Support Services Division (CSSD) child support order;
provides these services. State • send orders to withhold funds for
enforcement programs locate absent child support to employers, banks,
parents, establish paternity, establish and the Permanent Fund Dividend
enforce support orders, and collect child Division, and other places the
support payments. While programs vary paying parent may have income or
from state to state, their services are assets;
available to all parents who need them. • collect and mail out payments; and
• revoke the driver’s licenses and to make this request in writing so that a
occupational licenses of obligors copy of your request gets into your file.
who do not pay child support.
Child Support Services will not release
If you or the other parent are receiving information to the general public.
temporary assistance benefits, CSSD However, if your case is filed with the
will automatically collect child support court, information in your court case is
payments to repay the state debt. available to the public. If you and/or
[Important Note: Public assistance your children have been a victim of
recipients are normally required to domestic violence, you may request that
cooperate with efforts by CSSD to this information not be released. [AS
establish paternity and to collect child 25.27.275.] Domestic violence includes:
support. However, a recipient may not
be required to cooperate if there is good • harassment;
cause not to require such cooperation. • threats;
Inform CSSD and your public assistance • emotional abuse;
worker if recovering child support or
• physical violence, including sexual
establishing paternity would put you
assault or incest; and/or
and/or your children’s safety at risk due
to domestic violence.] See Chapter 15 • parental kidnapping. See Chapter
“Good Cause Exception” under the Five for a more detailed definition of
Domestic Violence Policy section for domestic violence.
additional protections for victims of
domestic violence. How is a support order established by
CSSD?
PROTECTIONS FOR VICTIMS OF
DOMESTIC VIOLENCE Child support orders may be established
by a court or by CSSD through the use
Child Support Services may be required of an administrative process. If CSSD
to provide information about you or your establishes a child support order
children to others included in your child administratively, they will set the
support case. If it would put your safety support amount using Alaska’s Child
at risk for the obligor to receive Support Guidelines. [Alaska Court Civil
information about you and your children, Rules of Procedure 90.3 (CR 90.3).]
you can request that your address and This rule requires that the child support
other information not be released to the obligation be a percentage of the
obligor. [AS 25.27.275.] It is a good idea adjusted annual income of the obligor
parent. CSSD multiplies the obligor’s
income by the appropriate percentage How long does it take for the custodial
(depending on number of children in the parent to receive support payments
support order). If the obligor does not made to CSSD?
provide income information, CSSD will
use the best information available to In most cases, CSSD mails support
determine the parent’s total income from checks to the custodial parent the next
all sources. business day after CSSD receives the
payment.
CSSD uses an Administrative Support
Order when they issue a child support or How can I find out about the payment
medical support order. Both parties status of my case?
receive a copy of this order and either
party can appeal the findings. If you CSSD has a computerized telephone
appeal, you must present evidence system called the KIDS line. The KIDS
supporting your claim. After an line will give you answers to many
administrative review, CSSD will decide commonly asked questions and allows
whether they should change the findings. access to payment information about
Either party may appeal CSSD’s your case. You can also leave messages
decision to a formal hearing officer for your caseworker and hear
appointed by the Commissioner of the informational announcements about
Department of Revenue. The hearing CSSD services. You can call the KIDS
officer’s decision may be appealed to the line 24 hours a day, seven days a week at
Superior Court by either party. 1-800-478-3300. You can also access the
CSSD website.
How are support payments made to
CSSD? What happens if support payments
are not made?
Money that CSSD collects will be paid
to the custodian unless the custodian or If child support is owed and CSSD
child is receiving temporary assistance locates an employer or a financial
or Medicaid. If the custodian received institution of the obligor, CSSD is
temporary assistance, they are required required to issue an Order to Withhold
to assign the child support payments to and Deliver wages or assets. Earnings
the State of Alaska. Custodial parents are withheld directly from the payroll
receive a $50 pass through payment on office or from an account in a financial
each child support payment received. institution.
Failure to make support payments may under the existing court order does not
also result in other enforcement actions object or agrees to the other parent
for collections. These actions include taking custody for nine months or more,
liens, judgments, Permanent Fund then the Court can enter an order
Dividend and IRS refund attachments, precluding that parent from collecting
credit bureau reporting, taking child support arrears that accumulated
possession of money in checking and under the order. However, this is not
bank accounts, and other actions allowed automatic and you have to prove the
under civil and criminal law. Anyone requisite facts to the court before they
owing more than four months of child will order it.
support might also lose his or her
occupational or driver’s license. CSSD What happens if there is a custody
can file liens on real estate if arrears are order in place and the non-custodial
at least equal to one month of unpaid parent under the order takes over
support. custody without changing the order
and starts to collect public assistance?
CSSD may take the obligor’s federal
income tax refunds to pay support debts. CSSD will apply to the court for an
The IRS money will only be applied to interim order requiring the person who
debts that are in arrears (as of the date of formerly had custody to pay support
certification to IRS); it will not apply to during any month during that the other
current support. person had custody and collected public
benefits. CSSD will not address the
What if either parent moves out of custody situation, but they will secure an
state? interim order that reimbursement can be
sought from the now non-custodial
CSSD can continue to collect payments parent.
and can coordinate enforcement of the
support order with the child support Can CSSD establish paternity?
agency in the other state, if necessary.
Yes. If paternity has not been established
What happens if there is a custody and child support is pursued, CSSD can
order in place and the non-custodial establish paternity. This generally occurs
parent under the order takes over when a child is born out of wedlock.
custody without changing the order? Both parties can sign an affidavit when
they agree about paternity. If they do not
If the parent who has legal custody agree, then CSSD will require genetic
tests to determine the father of the child. proceedings can help you protect your
CSSD will not establish paternity for interests.
children who are born out of incest or
forcible rape unless the mother is legally If you are working with CSSD, you are
competent and requests the required to notify them of the following:
establishment of paternity.
• new addresses;
Does CSSD charge for services? • custody changes of the children;
• visitation of the children when a
No. CSSD does not charge a fee for
court order for visitation exists;
services. However, an alleged father
must pay CSSD for genetic testing if it is • payments received directly from the
proved that he is the biological father. non-custodial parent;
• new employment or changes to
How do I apply for CSSD services? earnings;
• availability of medical insurance
Either parent can apply for CSSD coverage for the children; and
services at any time. To apply for • any action that you start on your
services, you must fill out an application own which may affect support such
form. You can obtain an application at as seeking a new or modified court
the court or at CSSD’s offices. [See the order, custody changes, or other
Resource Directory for locations.] You collections.
can also request an application by mail/
email or by leaving a message on the SUPPORT TO CHILDREN PAST
KIDS line. AGE 18
What are your rights and As a general rule, parents do not have a
responsibilities in working with legal obligation to provide support for
CSSD? their children past the age of 18.
However, there are important exceptions
During any CSSD proceeding, you are to this rule: (1) for unmarried 18-year-
not required, but may hire and bring old children of the marriage who are
your own attorney. You can attend and actively pursuing a high school diploma
participate in case proceedings and or an equivalent level of technical or
hearings that concern your child support vocational training and living as
order with or without an attorney. dependents with the spouse or designee
Participating in child support of the spouse; and (2) when an adult
child is incapable of self support due to not claim the child as a dependent for tax
physical or mental disability. [AS purposes. [A.S. 25.24.152].
25.24.140(a)(3); Sanders v. Sanders, 902
P.2d 310 (Alaska 1995).] CHILD CUSTODY
CRIMINAL SANCTIONS FOR There are two types of custody – legal

NON-SUPPORT and physical. Legal custody determines
who has the ability to make decisions for
It is a crime for any person not to the child, such as the type of medical
support his or her children if they have care they receive and where they go to
the financial ability to pay support school. Physical custody is who actually
through available funds or could obtain has the children. Legal custody may be
funds through reasonable efforts. [AS sole or joint. Physical custody may be
11.51.120.] primary in one parent or shared (if both
parents have the child for more than 30
TAX CONSEQUENCES – CHILD percent of the time).
SUPPORT
Joint legal or physical custody requires
Child support is not deductible on that parents work together. Therefore,
federal income tax by the person paying they need to be able to communicate
it or taxable to the person receiving it. If well with each other. It is usually easier
you are unmarried and a child lives with if the parents live close to one another. If
you, you may be eligible for special tax one parent having joint custody decides
treatment as head of household. If you to move from the community of the
have the children with you more than 50 other, the court will have to decide
percent of the time, you are entitled to where the child will live, unless both
claim the child as a dependent for tax parents agree.
purposes unless you waive that right.
You can waive it each year, and you can There is a preference in the law for
condition your waiver on your spouse parties to share legal custody. There is
being current in child support throughout not a similar preference for shared
the year. [IRS Publication 504.] physical custody. Instead, the court
determines physical custody in
Under Alaska law, a parent who is accordance with the best interests of the
delinquent in child support up to four child, considering all relevant factors,
times the amount of their monthly including:
obligation at the end of the tax year may
• the physical, emotional, mental, • other factors that the court finds
religious, and social needs of the important such as the past history of
child; the parents with respect to their
• the capability and desire of each compliance with child support
parent to meet these needs; orders, if the parent had knowledge
• the child’s preference; of the order and through reasonable
efforts had the ability to comply.
• the love and affection existing
[AS 25.24.150]
between the child and each parent;
• the length of time the child has lived There is a rebuttable presumption that a
in a stable, satisfactory environment parent who has “history of perpetrating
and the desirability of maintaining domestic violence” against another
continuity; parent should not be awarded sole or
• the willingness and ability of each joint legal or primary or shared physical
parent to facilitate and encourage a custody. A history of perpetrating
close and continuing relationship domestic violence includes one
between the other parent and the incidence of violence that causes serious
child, except that the court may not physical injury or more than one incident
consider this willingness and ability of domestic violence. If one parent can
if one parent shows that the other prove that the other parent has a “history
parent has sexually assaulted or of perpetrating domestic violence,” then
engaged in domestic violence the other parent must show that they
against the parent or a child, and that have successfully completed a batterer’s
a continuing relationship with the intervention program, that they do not
other parent will endanger the health engage in substance abuse, and that the
or safety of either the parent or the best interests of the child require their
child; participation as a custodial parent
• any evidence of domestic violence, because the other parent is absent, has a
child abuse or child neglect in the mental illness, or has a substance abuse
proposed custodial household or a problem that affects parenting abilities.
history of domestic violence If the abusive parent cannot prove this,
between the parents; they generally are permitted only
• evidence of drug abuse by either supervised visitation. [A.S. 25.24.150(g)
parent or any other member of the (h)].
household that may affect the
physical or emotional well-being of If the court finds that both parents have a
the child; and history of perpetrating domestic
violence, the court is supposed to either [In re Matter of J.J.J., 718 P.2d 948
award sole legal and primary physical (1986).] While a parent’s past is not
custody to the parent who is less likely determinative, it can be considered in
to perpetrate violence and order that evaluating current stability and parenting
person into a batterer’s intervention ability. Therefore, the fact that you have
program or award custody to a third committed adultery or are or have been
party if necessary to protect the child. on welfare is not a factor to be
[AS 25.24.150(i)]. considered by the court unless it can be
shown that it either affects the well-
If the court finds that a parent or child is being of the child or is evidence of a
a victim of domestic violence, the court lack of stability on your part.
may order that the address and telephone
number of the parent or child be kept It is generally advisable for women to be
confidential in the proceedings. [AS concerned about the factors that may be
25.20.060.] brought up regarding stability and
predictability of the child’s environment
The courts have indicated that including:
consideration should be given to the
desirability of keeping children together • use of alcohol and/or drugs;
so they can grow up as brothers and • excessive changes in living, overuse
sisters, rather than separating them, of other caretakers, particularly for
unless their welfare clearly requires such extended periods of time;
a course. [Rhodes v. Rhodes, 370 P.2d
• negative comments to children about
902 (Alaska 1962).]
absent spouses; and
The Alaska Supreme Court has also • denial of visitation.
ruled that a parent’s conduct, including
sexual preference, cannot be considered If custody is in any way an issue, you
in determining custody unless it can be should consider immediately hiring an
shown that it has or reasonably will have attorney with experience in the area or, if
an adverse impact on the child [S.N.E. v. you qualify, obtaining assistance from
R.L.B., 699 P.2d 875 (Alaska 1985).] Alaska Legal Services or from the
Alaska Network on Domestic Violence
The Alaska Supreme Court also has and Sexual Assault’s Pro Bono Program
indicated that no single factor should be (if your case involves issues of domestic
allowed to outweigh all others when violence or sexual assault). Once a
analyzing the best interest of the child. custody determination has been made by
divorce or dissolution, it is difficult to
modify. is appointed by the court to represent the

child’s best interests.
RELOCATION ISSUES AND
CUSTODY Both the CCI and the GAL are required
to have similar qualifications including
Parents may have to move with their an understanding of child development,
children because of safety issues or the impact of divorce on children, issues
because they need the support of family related to child custody, the impact of
or a community with more economic domestic violence and substance abuse
opportunities. Parents may be allowed to on children, Alaska rules and statutes
move if they can show that the move is relating to custody, and the ability to
in the child’s best interests and there is a communicate effectively with children.
legitimate reason for the move. Parents The CCI or GAL will generally
who move without a court order or who interview both parents and the children,
deny the other parent access to the speak with parent references, and obtain
children may be charged with custodial access to criminal, Office of Children’s
interference. It is highly recommended Services, and mental health records.
to speak with an attorney if you are They will then compile all this
considering moving out of state with information into a report that will be
your children. given to the court with recommendations
for custody. Parents who are indigent
CHILD CUSTODY may qualify for a CCI or a GAL at no
INVESTIGATORS AND cost. [Alaska Rules of Civil Procedure
GUARDIAN AD LITEMS 90.6. and 90.7]
If custody is at issue in your case, then CUSTODY MODIFICATION

the court may refer the parties to child
custody investigator (CCI) or a guardian The court may change or modify a
ad litem (GAL) to investigate the custody determination at any time during
custody issues. The parties can also the minority of the child; however, the
make the request to the court for one of courts favor stability and the parent
these professionals to make an wishing a modification must show a
investigation. CCIs are experts that are change of circumstances (usually in the
appointed by the court to give an expert custodial parent) that directly affects the
opinion as to what custodial placement is best interests of the child. [AS
in the children’s best interests. A GAL is 25.24.150; AS 25.20.110.] In a
a person, attorney or non-attorney, who proceeding involving the modification of
an award for custody of a child or visitation are generally split by the

visitation with a child, a finding that a parents with each parent paying the cost
crime involving domestic violence has of transporting the child to that parent.
occurred since the last custody or
visitation determination is a finding of Grandparents may also petition the court
change of circumstances. [AS 25.20.110 for an award of visitation rights. [AS
(c).] 25.20.065.] However, the court shall
consider whether there is a history of
In making a decision in a custody domestic violence attributable to the
modification, the court should take into grandparent’s son or daughter when
consideration the past history of child fashioning any order regarding
support payments. In post-divorce visitation.
motions to modify custody or visitation,
the court may award fees based on SANCTIONS FOR INTERFERENCE
ability to pay and the good faith of the WITH CUSTODY OR DENIAL OF
parties’ actions. VISITATION
VISITATION Every parent should know that

interference with the custodial rights of
If one person has primary physical another, even if the children are their
custody of a child, then the other party natural children, may constitute a crime.
has what is called “visitation rights.” A Custodial interference in the first degree
typical visitation schedule would be for involves taking a child from the lawful
the non-custodial parent to have the parent/ guardian and leaving the state.
children every other weekend from Custodial interference in the second
Friday night until Sunday night, one degree is taking a child from the custody
weekend evening, alternate holidays, of another for a long period of time. [AS
(i.e., Thanksgiving in even years and 11.41.320-330]. There does not have to
Christmas in odd years, Spring Break in be a court order granting custody to one
even years, etc.), and half of summer or another parent in place to commit
vacation. Parents should take into custodial interference. Legally both
consideration the age and emotional biological parents have a right to custody
health of their children in deciding on a of their child.
visitation schedule. The custody
investigator’s office has guidelines for If a divorce or child custody complaint
visitation which may be helpful in has been filed, there may be an
setting a schedule. Any costs for automatic court order prohibiting either
party from taking the children out of the court ordered visitation with children
judicial district and a parent must get may also be made to pay $200 in
permission from the judge or the other damages for each time that visitation is
parent to do so. denied without a good reason. [AS
25.24.140.]
If no court orders have been entered
regarding the children, a woman can VISITATION IN PROCEEDINGS
take the children with her when leaving INVOLVING DOMESTIC
a relationship, as long as she doesn’t VIOLENCE
have the intent to permanently deny the
other custodial parent access to the If visitation is awarded to a parent who
children. This means that it is not a has committed a crime involving
crime for a woman to take her children domestic violence against the other
(natural or adopted) with her to a parent or a child of the two parents
battered woman’s shelter or to a friend’s within the five years preceding the
home when immediate safety is at issue. award of visitation, the court may set
The court will look at many factors to conditions for the visitation, including:
determine a parent’s intent to keep
children away from another custodial • the transfer of the child for visitation
parent. It is highly advisable to get the must occur in a protected setting;
advice of an attorney if you are • visitation shall be supervised by
considering taking your children away another person or agency and under
from another custodial parent to ensure specified conditions as ordered by
that you are not committing a crime. the court;
• the perpetrator shall attend and
If the custodian of a child fails without
complete, to the satisfaction of the
excuse to permit visitation as allowed by
court, a program for the
court order, the custodian may be
rehabilitation of perpetrators of
punished by fine. A just excuse includes
domestic violence;
illness of a child which makes it
dangerous to the health of the child for • the perpetrator shall abstain from
visitation to take place, but does not possession or consumption of
include the wish of the child not to have alcohol or controlled substances
visitation with the person entitled to it. during the visitation and for 24
[AS 11.51.125.] hours before visitation;
• the perpetrator shall pay costs of
A person who interferes with another’s supervised visitation as set by the
court;
• the prohibition of overnight UNIFORM CHILD CUSTODY

visitation; JURISDICTION AND
• the perpetrator shall post a bond to ENFORCEMENT ACT (UCCJEA)
the court for the return and safety of
the child; and An Alaskan’s court authority to hear a
child custody case is determined by the
• any other condition necessary for the
Uniform Child Custody Jurisdiction and
safety of the child, the other parent,
Enforcement Act (UCCJEA) that the
or other household member. [AS
legislature passed in 1998 to replace the
25.20.061.]
older Uniform Child Custody
Jurisdiction Act (UCCJA). The
If one parent has shown that the other
UCCJEA is the law that Alaska courts
parent has a “history of perpetrating
must look at to decide whether they have
domestic violence” (as defined in the
authority to hear a child custody case in
previous custody section), then the other
Alaska. If the case involves an inter-
parent is only supposed to get supervised
jurisdictional dispute, then the federal
visitation conditioned on the abusive
Parental Kidnapping Prevention Act
parent participating in a batterer’s
(PKPA) and the other state’s custody
intervention program and a parenting
jurisdiction law will be relevant to
class. Unsupervised visitation will only
determining if Alaska has jurisdiction.
be allowed if the abusive parent has
completed a substance abuse program, is
In general, Alaska has jurisdiction if
not abusing substances, and does not
Alaska is the child’s home state or
pose a danger of mental or physical
former home state. “Home state” is
harm to the child. [AS 25.24.150(j)]
defined as the place where the child has
resided for six months preceding the date
CONFIDENTIALITY
the action was filed. The UCCJEA also
PROTECTIONS FOR VICTIMS OF
has an emergency temporary custody
DOMESTIC VIOLENCE
provision that allows Alaska to enter an
emergency custody order if necessary to
If the court finds that a parent or child is
protect the child because the child or a
a victim of domestic violence, the court
parent or sibling of the child is
may order that the address and telephone
threatened with mistreatment or abuse.
number of the parent or child be kept
Once a custody case is heard in this
confidential in the divorce or child
state, Alaska maintains exclusive
custody proceedings. [AS 25.20.060.]
continuing jurisdiction to modify its
decree unless the child and a parent no
longer have significant connections with

Alaska or if all the parties (the child and
both parents) leave the state.
The UCCJEA also permits a court to

determine that it is an inconvenient
forum and that a court of another state is
more appropriate. In making this
determination, the court shall consider
all relevant factors including whether
domestic violence has occurred and is
likely to continue in the future and
which state could best protect the parties
and the child. The UCCJEA defines the
information to be submitted to the court
by the parties including whether the
party knows of a proceeding relating to
domestic violence and protective orders.
The law also allows for the information
to be sealed and prohibits disclosure to
the other party if the court finds that the
health, safety, or liberty of a party or
child would be jeopardized by disclosure
of identifying information.
If your case involves an inter-

jurisdictional dispute, it is highly
recommended that you seek the
assistance of an attorney since these
cases tend to be complex.
Chapter Fifteen
PUBLIC ASSISTANCE
State and federal governments have many public assistance programs available
through various agencies. Applicants must meet eligibility requirements for each
program and are accorded basic rights under all programs.
FEDERAL BENEFITS and other eligibility factors such as state

residency, disability, and age.
The federal government provides many
different types of assistance through The Division of Public Assistance has
various agencies such as the Social offices throughout the state. In rural
Security Administration, the Department areas, fee agents help people fill out
of Veterans Affairs, and the Bureau of application forms and verify necessary
Indian Affairs. These benefits are too information. The fee agents then forward
detailed to list here, but the federal the forms to the Division of Public
government provides booklets on public Assistance. Fee agents are not salaried
assistance rights under federal law. employees, but are paid for each
application they process.
STATE WELFARE BENEFITS
More information on the programs
The State of Alaska’s Department of available and eligibility factors can be
Health and Social Service, Division of found at the Division of Public
Public Assistance (DPA) operates Assistance website:
several state and federal assistance www.hss.state.ak.us/dpa.
programs, including:
RIGHTS OF WELFARE
• Food Stamps; APPLICANTS AND RECIPIENTS
• Alaska Temporary Assistance
Program; You have the same basic rights under all
welfare programs, whether state or
• Medicaid; and
federal. They include the right to:
• Adult Public Assistance (APA).
• Receive an application form when
These programs are available to
you ask for it.
everyone who qualifies based on need
• File an application form the same
Public Assistance 161
day you receive it with only your fair hearing in a timely manner.
name, address, and signature on it. • See the manual for the program
(With some public assistance about which you have a question.
programs, e.g., temporary assistance
and food stamps, it is important to FAIR HEARINGS
file an application as early in the
month as possible because you will Fair hearings are informal proceedings
only receive benefits from the date you can request if you are dissatisfied
you file your application). with an action on your case that affects
• Have a face-to-face interview. your benefit amount or eligibility. You
• Receive a written notice telling you have the opportunity to tell the hearing
if you are eligible (time limits for officer why your benefits should be
how soon these notices must get to granted, reinstated, or recalculated. You
you vary by program). have the right to represent yourself or
• Have your benefits on the way have someone else represent you at the
within 30 days for most programs fair hearing (a friend, neighbor, relative,
(emergency food stamps should be or an attorney from Alaska Legal
paid within seven calendar days). Services Corporation if you qualify).
However, you do not need an attorney to
• Receive fair and equal treatment
represent you. If you have legal fees as a
regardless of age, sex, race, color,
result of the fair hearing, DPA is not
handicap, religion, national origin,
responsible for them. The hearing is
or political belief.
tape-recorded and held before a Hearing
• Be notified in writing in advance of Officer from the Commissioner’s Office,
any changes in your benefits; who makes a decision about the case.
however, there may be instances
when notice arrives after the benefit You should request a hearing as soon as
change. possible if you are dissatisfied with an
• Request and have a fair hearing action in your case. Generally, you must
whenever the DPA takes an action ask for a hearing within 30 days of the
on your case with which you do not date the notice of decision was mailed to
agree, or if DPA fails to take action you. If you want to keep receiving your
on your case within the required benefits while your hearing is being
time frame. If you are already decided, you must ask for a hearing
receiving benefits, you can request within the time frames described in the
that benefits be continued pending a notice. If you decide to continue
fair hearing decision if you request a receiving your benefits while the hearing
decision is being made, you may have to need of assistance, you may be entitled
pay the benefits back if you lose the fair to emergency food stamp benefits. If you
hearing. are eligible for emergency food stamp
benefits, the state must make them
INDIVIDUAL PROGRAMS available to you no later than seven days
after you apply. If you are not entitled to
What are food stamps? emergency food stamp benefits, the
Division has 30 days to process your
The Food Stamp Program provides low- application and give you food stamps if
income households benefits that can be you are eligible.
used to purchase food, some kinds of
subsistence hunting and fishing gear, and What is the Alaska Temporary
seeds and plants used to grow food. Assistance Program?
Food stamp benefits also may be used to
purchase meals on wheels and group The Alaska Temporary Assistance
meals for the elderly. Program (ATAP) is available to low-
income families with dependent children
In order to be eligible for food stamp under age 18, whether or not both
benefits, a household must meet specific parents are in the household. It is also
income and resource guidelines. In available to low-income women in their
general, households must meet both a last trimester of pregnancy. Minor
gross income (before deductions) and parents are not eligible for Temporary
net income (after deductions) test. The Assistance unless they are living with
rules are more liberal for the elderly and their own parents or guardians or in an
disabled. The income limits for the Food approved adult-supervised setting. Also,
Stamp Program are set by the federal instead of regular Temporary Assistance
government and are updated annually. payments, some families may be able to
The amount of income the household get a short-term “diversion” payment to
may have and still be eligible depends help them start or remain working.
on the number of people in the
household. For precise eligibility Under Temporary Assistance, the family
information, check with the nearest must make a “family self-sufficiency
public assistance office. See the plan” with their DPA case worker to
Resource Directory at the end of this help them find employment to become
handbook for contact information. self-supporting without welfare. The
Temporary Assistance program is
If you are destitute and in immediate focused on work. Participants must
engage in activities designed to develop Option that allows battered women

their skills and get them employed. temporary respite from welfare-to-work
Child care assistance is also available for requirements while obtaining needed
most working families on Temporary services. Alaska is responsible for
Assistance. implementing three special provisions
for victims of family violence:
Temporary Assistance has a 60 month
lifetime limit on assistance for most • screening applicants and recipients
families, requires families to participate for past or current domestic
in work activities within 24 months of violence;
receiving benefits, and penalizes • referring victims to specialized
individuals who refuse to develop a community-based services; and
Family Self Sufficiency Plan, participate
• waiving program requirements
in work activities, or refuse to cooperate
including work activities and child
with Child Support Services. Other
support cooperation for victims and
policies include no extra payment
survivors when compliance with
amount for a second parent and seasonal
these requirements would:
benefit reductions of 50 percent for two
ο endanger the safety of the adult
parent families during July, August, and
victim and/or dependent
September. There is also a reduction in
children;
benefits for families with no shelter
ο interfere with the ability of the
costs.
victim to escape domestic
violence; or
For a family to meet eligibility
ο unfairly penalize individuals
requirements for Temporary Assistance,
who have been harmed by
their income must be low enough to
domestic violence or are at risk
meet criteria set by the State of Alaska.
of further domestic violence.
However, not all the money you earn
will count against your Temporary
There is a “good cause” exception for
Assistance income limit. You get to
program requirements, including refusal
deduct some of it as work incentive.
of, or voluntary separation from, suitable
Check with your local DPA office for
employment, failure to comply with a
more information.
condition of the Family Self-Sufficiency
Plan, or failure to participate in work
DOMESTIC VIOLENCE POLICY
activities when participation would
interfere with the recipient’s attempt, or
Alaska has chosen the Family Violence
the attempt by a member of the
recipient’s immediate family, to escape who cannot get regular Medicaid

domestic violence or its escalation. [7 any more because they are receiving
AAC 45.261.] There is also a “good more child support (for up to four
cause” exception for failure to cooperate months).
with Child Support Enforcement • Elderly, blind, or disabled people
Division (CSED). You will be provided who receive Adult Public Assistance
information about your right to request (state benefit) or Supplemental
non-disclosure of information by CSED Security Income (federal benefit) or
in the child support packet you will be whose income is below $1,656 per
requested to complete. You also may be month and who are in nursing homes
allowed additional time beyond the 60 or getting home health services
month time limit if as a result of under a program called “Project
domestic violence, you are unable to Choice.”
participate in work activities or to accept
or retain employment at a level that Medicaid eligibility, like most public
allows your family to be self-sufficient. assistance eligibility guidelines, is
complicated and it is wise to contact
MEDICAID your local Public Assistance Office for
more information. See the Resource
Low income families with children and Directory at the end of this handbook for
elderly, blind, and disabled people can more information.
get health insurance (medical assistance)
through Medicaid. Medicaid covers: It is possible to get Medicaid stickers for
the three months before the month you
• All children through age 18 and actually apply for Medicaid if you would
pregnant women under the Denali have been eligible had you applied
KidCare program. The income limit earlier. This can be very helpful if you
for insured children to qualify for need Medicaid to cover unexpected
Denali KidCare is 150 percent of the medical bills.
Federal Poverty Limit for Alaska.
• The income limit for uninsured Medicaid covers a wide range of medical
children and pregnant women was services, including prescription drugs,
frozen at 175 percent of the Federal doctor’s services, hospital charges, and
Poverty Limit for Alaska in 2003. long-term care.
• “Transitional Medicaid” for families
who work their way off public
assistance (for up to 12 months) or
ADULT PUBLIC ASSISTANCE
Adult Public Assistance (APA) is a 100

percent state funded program that
provides assistance to three categories of
people:
• the elderly, (those who are 65 or

older);
• the blind; and
• the physically or mentally disabled.
To qualify for assistance under any of

the three sub-programs, an applicant
household must meet income and
resource guidelines. More information
about eligibility should be obtained from
the Division of Public Assistance. See
OTHER BENEFITS
The State of Alaska has other benefits

for its residents such as tax rebate
programs, alternative energy loans,
business loans, student loans, cash or
prescription drug benefits for seniors,
day care assistance, heating assistance
programs, low income housing, and
Permanent Fund dividends. For up-to-
date information on all programs, write
to the Governor’s Office in Anchorage,
Fairbanks, or Juneau. See the Resource
Directory at the end of this handbook for
contact information.
Chapter Sixteen
WORKING WITH IMMIGRANT CRIME VICTIMS

You may be an immigrant woman needing assistance in determining your options and
finding an immigration attorney to assist you with your immigration status, questions
regarding child custody, divorce, and the protective order process in domestic violence
situations. This chapter has important resources for you in Alaska.
Who are immigrant women? (formerly INS) to get her deported;

• threaten to withdraw the petition to
Immigrant women are a diverse group, legalize her immigration status;
and include women who have lived in • threaten to take her children away
the United States for one month, as well from the United States;
as women who have lived here for forty
• threaten to report her and her
years. You may have entered the United
children to the Department of
States as a refugee fleeing persecution in
Homeland Security;
your country of origin, as a relative with
family members in the United States, as • fail to file papers to legalize her
a student, as a tourist, or as a worker immigration status;
seeking better economic conditions. • withdraw or threaten to withdraw
papers filed for her residency;
What is domestic violence? • hide or destroy important papers
(e.g. passport, ID cards, health care
Domestic violence is a pattern of card);
assaultive and coercive behaviors, • destroy her only property from her
including physical, sexual, and country of origin;
psychological attacks, as well as • isolate her from friends, family, or
economic coercion that adults or anyone who speaks her language;
adolescents use against their intimate and/or
partner. Domestic violence can include a
• not allow her to learn English.
batterer’s control and manipulation of a
woman’s unsettled immigration status. A
If you need assistance with your
batterer may:
immigration status or have questions
about child custody and divorce, there
• threaten to report a woman to the are resources available in Alaska.
Department of Homeland Security
Working with Immigrant Crime Victims 167
What protections are available for legal resident to obtain a protective

battered immigrant spouses? order. You will not be deported if you
seek a protective order. You have the
The Violence Against Women Act right to be safe. If you do not feel
allows abused spouses married to United comfortable speaking English when you
States citizens and lawful permanent seek a protective order, you should ask
residents to self-petition to obtain legal the judge to appoint an interpreter.
permanent residency status for
themselves. Children of the abuser, Should an immigrant battered woman
including stepchildren, are also eligible call the police?
to self-petition. This removes one means
of control from the batterer. The Act also Yes. Domestic violence is against the
allows abused spouses to apply for law. The police can escort you and your
cancellation of removal (formerly children out of the house if you want to
suspension of deportation). leave and can transport you to a safe
place. Always ask the police to complete
The Violence Against Women Act also a report about the incident and get an
provides that victims of certain crimes incident report number so that you can
including domestic violence, sexual get a copy of the report. Also, ask for the
assault, and trafficking may be eligible name of the officer and write down the
for a three-year visa and employment name and badge number of the officer
authorization if the victim is helpful in making the report.
the criminal prosecution of the
perpetrator. You do not need to answer any questions
about your immigration status, where
you were born, or how long you have
The Alaska Immigration Justice Project been in the United States. This
(AIJP) can assist you with your legal information is completely irrelevant to
status or with a domestic violence the police investigation and your safety.
protective order. See the Resource
Directory at the end of this handbook If you have any issues or concerns with
for contact information. calling the police, contact the Alaska
Immigration Justice Project
Can an immigrant battered woman immediately. See the Resource Directory
obtain a protective order? at the end of this handbook for contact
information.
Yes. You do not need to be a citizen or
N A T I O N A L O R I G I N worship used by persons of a

DISCRIMINATION. p a r t i cu l a r n a t io n a li ty , a n d
discrimination because a person’s
Immigrant women are protected from name or the name of their spouse is
employment discrimination by laws associated with a national origin
enforced by the Equal Employment group.
Opportunity Commission (EEOC). See • Practices that may have an adverse
Chapter Three for more information affect on particular national origin
about EEOC. groups: Minimum height
requirements, arrest and conviction
The law protects people against records, educational requirements,
employment discrimination on the basis and citizenship requirements may
of their national origin. Discrimination screen out people of a particular
because of a person’s looks, customs, national origin. These practices are
language, or accent are against the law. illegal unless the employer can
The following are examples of prove that they are necessary and
discrimination based on a person’s related to the job.
national origin. • Harassment based on national
origin: Ethnic slurs or other verbal
• Discrimination because of a person’s or physical conduct because of
place of birth, or place of birth of her nationality are illegal if they are
ancestors: It is not necessary for a severe or pervasive and create an
person to show that her ancestors are intimidating, hostile, or offensive
from a particular country or region working environment, interfere with
to prove national origin job performance, or negatively affect
discrimination. For example, a job opportunities and advancement.
person may look like they are of Examples of potentially unlawful
foreign birth or ancestry and may be conduct include insults, taunting, or
discriminated against, which is ethnic slurs.
against the law. • Discrimination based on a person’s
• Discrimination based on association accent: Under the law, treating
with persons of a different national employees differently because they
origin: The law prohibits have an accent is only allowed if
discrimination because a person having an accent keeps a person
associates with people of a national from being able to do the job.
origin group, discrimination because However, if the person has an accent
of attendance at schools or places of but is able to communicate and be
Working with Immigrant Crime Victims 169
understood in English, he or she Commission (EEOC) and the Office of

cannot be discriminated against Special Counsel provides for EEOC to
based on their national accent. refer to OSC charges filed with EEOC
• Speak English–only rules: The that allege IRCA violations.
EEOC has stated that rules requiring
employees to speak only English in Contents of this chapter, regarding battered
immigrant women, were adapted and reprinted
the workplace violate the law unless with permission of the Family Violence
they are reasonably necessary for the Prevention Fund from the publication entitled,
operation of the business. Rules Working with Battered Immigrant Women: A
requiring employees to speak only Handbook to Make Services Accessible. Written
by Leti Volpp and edited by Leni Marin.
English in the workplace at all times,
including breaks and lunch time,
will rarely be justified.
• Discrimination based on appearance:
It is a violation of the law to
discriminate against someone
because of their ethnic appearance.
Similarly, if an employer refuses to
allow a person to wear clothing
unique to their cultural background,
but imposes no dress code on any
other employee, this may be in
violation of the law.
THE IMMIGRATION REFORM

AND CONTROL ACT OF 1986
(IRCA)
Discrimination based on citizenship is

expressly prohibited by the Immigration
Reform and Control Act of 1986. IRCA
is enforced by the United States
Department of Justice, Office of Special
Counsel (OSC) for Immigration Related
Unfair Employment Practices. A
memorandum of understanding between
the Equal Employment Opportunity
GLOSSARY OF LEGAL TERMS
This chapter reprinted with permission from the “Guide to Alaska’s Criminal
Justice System,” Alaska Judicial Council.
Accused: the person charged with a preponderance of the evidence.

crime; also known as the defendant.
Aggravating Factor: a fact about the
Acquittal: a release from a criminal crime or offender that lets the judge
charge by a court, usually when the jury increase a presumptive sentence, such as
or judge finds the defendant “not guilty” a history of similar offenses or a
after a trial. particularly vulnerable victim.
Adjudication: a juvenile court Allegation: a statement made by a

proceeding at which a judge decides person in the case who claims it can be
whether or not a juvenile is delinquent. proved as a fact.
If the judge finds a juvenile delinquent,
the court decides whether the juvenile Appeal: the legal procedure by which a
needs programming, supervision, or person asks a higher court to review the
institutionalization. decision of a lower court.
Admissible Evidence: evidence the Appellant: the person who appeals a

judge or jury can consider in deciding a decision of a lower court.
case.
Appellate Court: a court that reviews
Affidavit: a written statement sworn decisions made by a lower court on
before a notary or officer of the court. questions of law and procedure. The
appellate court can affirm, reverse, or
Affirmative Defense: an explanation for remand the original decision for more
a crime that makes the act noncriminal, proceedings.
such as duress, or that changes the
sentence, such as heat of passion or Appellee: the person who won in the
insanity. The defendant has the burden lower court.
of proving the defense by a
Glossary 171
Arraignment: usually the first court responsibility for the defendant, or let
proceeding in a criminal case. The judge the defendant go on the defendant’s
tells the defendant what the alleged promise to appear in court (“own
offenses are, and what rights defendants recognizance”). Bail is intended to
have. The judge asks the defendant to assure the defendant’s presence in court
plead guilty, not guilty or no contest. and to protect the victim and public.
Arrest: the legal restraint of a person for Bail Hearing: a proceeding at which a
the purpose of charging the person with judge or magistrate decides whether to
a crime. Police also can arrest a person release a defendant before a trial or
for investigation in some circumstances, pending appeal, and under what
or for violation of a court order. conditions. Defendants often must
deposit a sum of money with the court to
Arrest Warrant: a legal document assure their appearance in court.
issued by the court or parole board
authorizing the police to arrest someone. Bail Bondsman: an individual who
arranges with the court for a defendant’s
Arson: intentionally causing a fire or release from jail. The bail bondsman
explosion in a building. promises the court that he will pay the
full bail if the defendant does not come
Assault: causing or threatening physical to court when required. The defendant
harm to another person. Alaska has four pays the bondsman a fee for this service.
degrees of assault, depending on the
seriousness of the victim’s injuries, the Bailiff: a person appointed by the court
weapon used, and the offender’s intent. to keep order in the courtroom and to
Fourth degree assault is a misdemeanor; have custody of the jury.
the more serious assaults are felonies.
Bench Warrant: an order issued by a
Attorney: a graduate of a law school, judge for the arrest of a person – the
admitted to practice before the courts of defendant, a witness, or other participant
a jurisdiction. The attorney advises, in the judicial proceeding – who failed to
represents, and acts for the client or appear in court as required. Judges also
government. issue warrants for the arrest of
defendants when charges or indictments
Bail: the release of a person who was are filed.
arrested or imprisoned. The court can
tell the defendant to pay a bond or Beyond a Reasonable Doubt: the
deposit, require another person to take degree which a juror must be sure of the
facts in the case before finding the inside. Otherwise, the offense is second-
defendant guilty. degree burglary. Both crimes are
felonies.
Bill of Particulars: a document that tells
the defendant about the specific Calendar: a daily list of cases to appear
occurrences that the prosecution plans to before the court. Some courts call this
prove during the trial. It limits the list a docket. At “calendar call,” the
prosecution to asking about only these court sets trial dates for a large number
occurrences. of cases.
Booking: a police or jail action officially Chain of Custody: documentation of all

recording the arrest, person arrested, and persons who have had responsibility for
reasons for arrest. Fingerprints and a piece of evidence to prove that no one
photographs are taken at booking. has damaged or tampered with it. The
court often requires proof of custody for
Bound Over: a change of jurisdiction to items stolen in theft, drugs seized in a
another court, such as when a district narcotics case, and so forth.
court judge transfers a felony case to the
superior court. Change of Venue: moving a case begun
in one place to another location for trial.
Brief: a written statement of the facts The court can change venue when the
and legal arguments governing a case, defendant cannot obtain a fair trial in the
presented from the perspective of one place where the crime was committed.
party.
Character Evidence: the prosecutor
Burden of Proof: the requirement of cannot use evidence about the
proving a fact or facts in dispute in a defendant’s character to show that the
case. For instance, the prosecutor must alleged crime was consistent with that
produce enough evidence to prove character. The court may admit evidence
“beyond a reasonable doubt” the guilt of about the defendant’s character when it
the defendant in a criminal case. would help to prove some aspect of the
offense such as intent, preparation,
Burglary: entering a building with method or motive.
intent to commit a crime in the building.
It is first degree burglary if the building Charge: an accusation briefly describing
is a dwelling, if the defendant carries a the crime or crimes the suspect allegedly
gun or uses a dangerous instrument, or if committed. The police or prosecutor
the defendant tries to hurt a person spell out the charges in an indictment,
Glossary 173
information, or complaint. Concurrent Sentences: a judge’s

decision to allow the defendant to serve
Circumstantial Evidence: indirect more than one sentence at the same time.
evidence that this person committed this
crime. Examples of circumstantial Confession: the defendant’s oral or
evidence include finding the defendant’s written admission of guilt. The state
gun at the scene of the crime and cannot use the confession against the
testimony that someone saw the defendant unless the defendant
defendant near the scene shortly before confessed voluntarily.
the crime occurred.
Confrontation, Right to: the U.S. And
Citation: an order issued by police Alaska Constitutions give the defendant
requiring a person to appear in court at a the right to confront the witnesses
later date. Also, a reference to legal against him or her. This includes the
authority such as a statue or court case. defendant’s right to be present at every
important stage of the case, the right to
Common Law: the system of law that cross-examine adverse witnesses, and
started in England and was later the right to subpoena witnesses.
developed in the United States. Common
law comes from customs and principles Consecutive Sentences: a requirement
upheld by judicial decisions rather than by the judge that the defendant serve two
from acts passed by legislatures. Also or more sentences separately, one after
called “case law.” the other. Judges can make sentences
partially concurrent and partially
Community Work Service: as a part of consecutive.
a sentence, a judge may order a
defendant to do a certain number of Consolidation: the act of joining
hours of volunteer work for a together two or more charges or
community or government organization. defendants for a single trial.
Complainant: the victim of a crime who Contempt of Court: any act calculated
brings the facts to the attention of the to embarrass or obstruct a court in the
authorities. administration of justice or calculated to
lessen its authority or dignity.
Complaint: a written statement of the
essential facts about the offense charged; Continuance: the postponement of legal
usually filed at the beginning of the case. proceedings until some future time or
date.
Conviction: the court’s judgment that criminal law, and punish, supervise, and
the defendant is guilty of a criminal rehabilitate offenders.
offense, based on the verdict of a judge
or jury, or on the defendant’s plea of Criminal Mischief: the offense of
guilty of no contest. intentionally damaging property. It can
be a felony or misdemeanor, depending
Correctional Institution: a prison, jail, upon the amount and type of damage.
or other facility for imprisoning
offenders. Cross-Examination: the questioning by
a party or attorney of the opponent’s
Corroborating Evidence: evidence that witness, after the direct examination.
supplements evidence already given and The court usually limits cross-
tends to strengthen or confirm it. examination to the credibility of the
witness and to matters raised on direct
Count: one of the parts of a complaint, examination.
indictment or information. Each count
alleges a separate offense. Custody: detained by authority of the
law; arrest and detention. The courts
Court: a chamber or other room where often release defendants to the custody
trials and other judicial hearings take of a responsible third person before trial.
place. A judge presides over the court. They also often let juveniles stay in the
“The court” also refers to the judge custody of a parent or guardian during
rather than to the room or building. proceedings and after disposition.
Court Clerk: an individual who keeps a Defendant: the person charged with a
record of court proceedings each day and crime; also called the accused.
records future dates for the judge’s
calendar. This person takes charge of all Delinquency: a formal finding by a
case files and paperwork for each day. court that a juvenile has committed a
crime and should be subject to state
Crime: any act that the legislature has supervision.
decided to punish by imprisonment and
to prosecute in a criminal proceeding. De Novo: literally anew, as in trial de
novo – the granting of a new trial.
Criminal Justice System: the
combination of police, courts and Detention: the legal confinement of a
corrections agencies that operates person awaiting criminal or juvenile
collectively to prevent crime, enforce the proceedings.
Glossary 175
Direct Evidence: proof of facts by fairness and justice in the courts. The
witnesses who saw the acts done or constitutional guarantee of due process
heard the words spoken, as distinguished requires that every person have the
from circumstantial or indirect evidence. protection of a fair trial.
Discovery: pre-trial procedures where Evidence: information offered to the

the parties exchange information about court or jury to prove something.
evidence.
Exclusion of Witnesses: an order
Dismissed with Prejudice: when the requiring witnesses to stay out of the
judge dismisses the charges against the courtroom until the judge calls them to
accused and does not let the government testify. The judge tells these witnesses
file the charges again. not to discuss the case or their testimony
with anyone except the attorneys in the
Dismissed without Prejudice: when the case.
judge dismisses one or more charges
against the defendant, but lets the Exhibits: documents, charts, weapons,
government refile the charges later. or other tangible evidence used in a
court case.
Disposition: the outcome of a case,
which may include dismissal, Ex Parte: a judicial proceeding or action
conviction, or other action. In juvenile that involves only one of the parties in a
cases, disposition is similar to case.
sentencing.
Expert Evidence: testimony given in
Diversion: the official suspension of relation to some scientific, technical, or
criminal proceedings against an alleged professional matter by a qualified
offender. The person may go to a person. Experts can testify only on
treatment or care program as a condition matters that are beyond the experience of
of the diversion. ordinary citizens.
Double Jeopardy: a constitutional Extradition: the process of returning a

protection that keeps the government fugitive from one state or country to
from prosecuting a person twice for the another, usually so that the government
same charges. can send the fugitive to trial.
Due Process of Law: the constitutional Felony: in Alaska any criminal offense
and common law principles that protect that carries a possible sentence of one
year or more in jail. community for education, employment,

training, or treatment. Furloughs are
Fine: a sum of money paid as a form of granted to low-risk offenders, and
punishment. A “day-fine” uses the offenders making the transition from
defendant’s ability to pay and the prison back to the community.
seriousness of the offense as factors in
deciding the amount of the fine. Good Time: days credited to the
offender’s sentence for good behavior in
First Offender: a person committing a prison. If the offender does not lose good
first adult felony offense, for purposes of time through misbehavior, he or she can
applying presumptive sentencing laws. be released after serving two-thirds of
A first offender may have a history of the sentence. Good time gives offenders
juvenile offenses or adult misdemeanors. an incentive to comply with prison rules.
Foundation: a party seeking to have Grand Jury: a body of citizens that

evidence admitted often must first “lay a hears evidence against a person
foundation” by showing preliminary suspected of a crime and decides if there
facts related to the evidence. For is probable cause to charge the suspect
example, before an eyewitness can formally. In Alaska, the grand jury also
testify about what happened during an can conduct its own investigations and
alleged crime, someone must show that issue reports.
the witness actually saw the crime.
Guardian Ad Litem: a person
Forfeiture: a court order requiring the appointed by the court to represent the
defendant to give the government an rights of a child in a legal matter. The
item connected to the crime. Property court also may appoint a guardian ad
commonly forfeited includes cars, litem for a person who is legally
planes, or weapons used in a crime, and incapable of managing his or her own
money, animals, or goods gained by the affairs.
crime.
Guilty: a plea accepting guilt, or a
Forgery: counterfeiting or altering a verdict from a judge or jury that the
document like a deed, a will, or a check, prosecution has met its burden of proof.
or knowingly using a forged document.
Forgery can be a felony or a Guilty but Mentally Ill: when the
misdemeanor. defendant committed the crime but, as a
result of mental disease or defect, did not
Furloughs: release of a prisoner into the know it was wrong or could not control
Glossary 177
his or her conduct. The defendant is still penalty. A witness may be granted
subject to imprisonment combined with immunity from prosecution to encourage
mental health treatment. the witness to answer questions.
Otherwise, the witness might refuse to
Habeas Corpus: an order to bring a answer to avoid self-incrimination.
person before the judge that issued the
order. The court then decides whether Impanelling: the process by which the
the person has been held in custody court selects potential jurors and swears
without due process of law. them in.
Halfway House: also called a Impeachment: an attack on the

community residential center (CRC). A credibility of a witness or the accuracy
residential facility for offenders on of the witness’s testimony.
furlough, probation or parole. Offenders
can leave the building by themselves to Inadmissible Evidence: evidence that
find or keep a job, go to school, or go to cannot be used at a hearing or trial
treatment programs. An offender must because it is irrelevant, misleading,
get permission to leave, and must be improperly obtained, or for some other
back by a set time. reason.
Hearsay: evidence not based upon a Incarcerated: jailed, imprisoned.

witness’s personal knowledge, but on
information the witness got from Incompetent: refers to persons whose
someone else. Hearsay evidence is testimony the court will not admit
admissible in very limited because of mental incapacity,
circumstances. immaturity, lack of proper qualifications,
or similar reasons. This term also
Homicide: the killing of one human describes defendants, who, because of a
begin by another. Homicide may be physical or mental disorder, cannot help
murder, manslaughter, or criminal their lawyers prepare a defense or cannot
negligence. It may even be non-criminal, understand the nature of proceedings
as in self-defense. against them.
Hung Jury: a jury unable to agree Indictment: a document prepared by a

unanimously on whether to convict or grand jury formally charging a person
acquit a defendant. with a crime. Also called a true bill.
Immunity: protection from a duty or Indigent: a person who cannot afford an

attorney. Jurisdiction: the legal authority of a

court over the defendant or the subject
Information: a sworn affidavit charging matter of the dispute.
a person with a crime based on facts
supplied to the prosecutor. Jury: a panel of citizens who evaluate
the evidence presented to them and
Insanity: the degree of mental disorder, decide the truth of the matter in dispute.
defect, or disease that relieves a person
of criminal responsibility for his or her Jury Instructions: instructions that the
actions. The judge can send a defendant judge gives to the jury. Jury instructions
found not guilty by reason of insanity to explain the principles of law that the jury
prison, unless the defendant proves that should apply to the facts of the case to
he or she is no longer dangerous. reach a verdict.
Intake: a process occurring early in Juvenile: a person who, because he or

juvenile criminal actions, when a DFYS she is under 18 years old, is within the
intake officer decides how to proceed sole jurisdiction of the juvenile court
with the case. unless bound over for adult processing.
Jail: a facility for confining those Kidnapping: restraining or hiding

convicted of a crime or those charged another person with the intent of holding
with a crime and waiting trial. Jails are the victim for ransom, using him or her
usually used for offenders awaiting trial as a shield or hostage, or injuring or
or serving short sentences. sexually assaulting the victim.
Kidnapping is among the most serious
Judge: a public official appointed to felonies.
hear and decide cases in a court of law.
Leading Question: a question asked in
Judgment: the official decision of a words that instruct or suggest to the
court. witness what to answer. This type of
question is prohibited on direct
Judicial Notice: a court finding that examination.
parties do not need to prove certain facts
because most people know them or can Magistrate: a judicial officer with less
find them from reliable sources. authority than a judge. Magistrates
Examples include geographic facts, issues search and arrest warrants, try and
historical events, and weather sentence violations, try and sentence
information. misdemeanor cases with the consent of
Glossary 179
the defendant, and conduct felony bail Mistrial: a trial that the judge has ended
hearings. and declared void before the verdict
because of some extraordinary
Manslaughter: causing the death of circumstance or some fundamental error
another person under circumstances not that cannot be cured by appropriate
amounting to murder in the first or instructions to a the jury.
second degree.
Mitigating Factor: a fact about the
Master: an attorney appointed to crime or offender set out by law that lets
juvenile or other proceedings to hear the the judge reduce a presumptive sentence.
facts of a case and make
recommendations to the judge. Motion: a request by a party in a case
that the court make a certain ruling.
Misconduct Involving Controlled
Substances: criminal drug possession, Murder: first-degree murder includes
manufacture and sale. Alaska law sets killing another person with intent to kill,
out six degrees of this offense, ranging by forced suicide, or through torture.
from major drug trafficking (an Second-degree murder includes killing
unclassified felony), to possession of another person with intent to cause
marijuana (a Class B misdemeanor). serious physical injury, during another
serious felony (felony-murder), or while
Misconduct Involving Weapons: acting in a way that shows extreme
prohibited possession, use or sale of indifference to the value of human life.
firearms. First-degree misconduct (a
Class C felony) includes gun possession Nolo Contendre or No Contest: a plea
by a felon and illegal weapon sales. in a criminal offense indicating that the
Second-degree misconduct includes defendant neither admits nor denies the
recklessly discharging a gun and charges, but does not contest the facts of
carrying a gun while intoxicated. Third- the case. The criminal case proceeds as
degree misconduct includes carrying a if the defendant pled guilty. A plea of
concealed weapon and bringing a gun no contest cannot be used against the
into a bar. The lesser degrees of defendant to decide liability in a separate
misconduct are misdemeanors. civil case.
Misdemeanor: an offense that Not Guilty: a plea by a defendant

authorizes a sentence of imprisonment denying guilt. Also, a verdict indicating
up to one year in jail. that the prosecution failed to meet its
burden of proof, also known as acquittal.
Objection: opposition to the form or Ordinance: a law passed by a local

consent of a question asked by opposing government.
counsel. The judge rules on the validity
of the objection. Parties also can object Overrule: the term used when the judge
to evidence or to the conduct of denies a point raised by one of the
opposing counsel. parties, as in “objection overruled.”
Offender: the person convicted of a Own Recognizance (OR): the

crime. defendant’s release from custody based
on the defendant’s promise to appear in
Offense: the violation of any criminal court, without giving money or security
law. for bail. Sometimes the court imposes
special conditions such as remaining in
Offer of Proof: when a judge excludes the custody of another, following a
evidence, the party asking to have the curfew, or keeping a job.
evidence admitted makes an “offer of
proof” to the court about what the Pardon: the power of the governor of a
evidence would have shown. For state to relieve a convicted person from
example, a party might state on the the legal consequences of the conviction.
record what the witness would say if
permitted to answer the question, and Parole, Discretionary: the release of an
what the answer would prove. The offer inmate from prison by the parole board,
of proof gives the trial court a chance to before the whole sentence is served, on
reconsider, and preserves the question conditions of supervision. A parole
for appeal. officer supervises the parolee until the
term of the parole ends. Parole can
Opinion Evidence: evidence of what reduce the costs of imprisonment and
the witness thinks, believes, or infers increase the chance of rehabilitation.
about a fact in dispute, as distinguished
from personal knowledge of the facts or Parole, Mandatory: the release of an
observation. Opinion evidence is usually inmate from prison after serving at least
only admissible if the opinion comes a two-year prison term minus good time.
from an expert witness. The Department of Corrections must
release an inmate who has earned good
Opinion of the Court: a written or oral time, but the parole board can set
statement by a judge explaining the conditions of supervision if the sentence
reasons for a decision. was over two years.
Glossary 181
Peremptory Challenge: when choosing Preliminary Examination: a district

a jury, each side can reject a fixed court hearing at which the judge decides
number of potential jurors without whether probable cause exists to believe
giving any reason. In Alaska, each side that a felony was committed and that the
also can peremptorily challenge the defendant committed it.
judge assigned at the beginning of the
case, without giving a reason. Preponderance of Evidence: proof that
would lead the trier of fact (judge or
Perjury: the offense of giving false jury) to find that the existence of the
testimony under oath. It can be a felony contested fact is more probable that not.
or a misdemeanor. Courts use this standard in criminal trials
when the defendant asserts an
Petition: a document filed in juvenile affirmative defense. It is a lower burden
court setting forth the facts that bring the of proof than proof beyond reasonable
youth within the jurisdiction of the court, doubt.
and stating that the youth needs
treatment, supervision or rehabilitation. Presentence Report: a thorough
background investigation ordered by the
Plea: the defendant’s response to the court in felony cases to help decide the
prosecution’s charges. A defendant may appropriate sentence. A probation officer
plead guilty, not guilty, no contest, or prepares the presentence report.
not guilty by reason of insanity.
Pretrial Detention: custody awaiting
Plea Bargaining: negotiations between trial or, on occasion, awaiting the filing
the defense and the prosecution to of charges.
resolve a criminal case without a full
trial. For example, the prosecution can Prima Facie Case: evidence presented
agree to dismiss some charges if the by the prosecution that, unless
defendant please guilty to other charges, contradicted, would prove each element
or the defendant can agree to plead of the crime beyond a reasonable doubt.
guilty to a lesser charge. The prosecutor If the prosecution cannot make a prima
also may agree to recommend a certain facie case, the court will grant the
sentence to the court. defendant’s motion for judgment of
acquittal.
Post-Conviction Relief: a request to the
trial judge to modify a sentence or Prison: a facility for confining someone
overturn a conviction. convicted of a crime. Prisons are usually
used by offenders serving longer
sentences. pleas, makes recommendations at

sentencing, and handles appeals.
Pro Se: a Latin expression for a
defendant who acts as his or her own Public Advocate: an attorney working
attorney. Also known as “pro per.” for the Office of Public Advocacy who
represents indigent adults and juveniles
Probable Cause: facts and accused of crimes.
circumstances that would make a
reasonable person believe that someone Public Defender: an attorney working
has committed a crime, or that property for the Public Defender Agency who
that the government can seize is at a represents indigent adults and juveniles
designated location. Depending on the accused of crimes.
circumstances, a police officer, grand
jury or judge may decide that probable Question of Fact: a fact about which the
cause exists. parties disagree. The judge or jury
decides whether the parties have proven
Probation: release of a convicted the fact.
defendant, either without imprisonment
or after some imprisonment, subject to Question of Law: a legal question about
condition imposed by the court. A which the parties disagree. The judge
probation officer may supervise the decides the proper interpretation of the
offender. If the offender violates the law.
conditions of probation, the prosecutor
or probation officer can ask the court to Rap Sheet: an adult offender’s prior
revoke probation. If the judge finds a record of criminal arrests and
violation, the judge can change the dispositions. The law restricts general
conditions or send the offender to jail. public access to the list.
Probation Modification: a formal court Reasonable Doubt: a doubt about the

proceeding started by the defendant, the defendant’s guilt, based upon reason and
prosecutor, or the probation officer, to common sense, arising from a fair
change the defendant’s conditions of consideration of all the evidence in the
probation. case. If a jury has a reasonable doubt
about the truth of the charge, then it
Prosecutor: a government attorney who must give a verdict of not guilty.
represents the citizens’ interests in
criminal cases. The prosecutor charges Rebuttal: evidence that explains away
crimes, takes cases to trial or negotiates or contradicts the evidence of the other
Glossary 183
side. Generally refers to evidence that forbidding the defendant to do certain

the prosecutor presents after the defense acts, or to approach or harass certain
has completed its case. persons. Violation of restraining order
can lead to arrest.
Recidivism: repeated criminal activity.
A recidivist is a repeat criminal. Revocation Hearing: a court hearing
requested by a probation officer or
Redirect Examination: questions prosecutor to decide whether the
following cross-examination, asked by offender violated the conditions of
the party who first examined the witness. probation and what the consequences
should be. The parole board holds
Rehabilitation of Offender: an attempt similar hearings for parole violations.
to keep an offender from committing
future crimes. Rehabilitation often Robbery: taking or attempting to take
includes drug and alcohol treatment, property by force from the presence of
education, counseling, finding and another person. It is first-degree robbery
keeping a job, and understanding the when the defendant uses or pretends to
effect of the crime on the victim. use a dangerous instrument (such as a
gun or knife) or attempts to cause
Rehabilitation of Witness: an attempt serious physical injury to the victim. It is
to re-establish the credibility of a witness second-degree robbery without these
whose testimony has been attacked, or factors. Both are felonies.
whose character has been discredited
during cross-examination. Search and Seizure: the police practice
of looking for and then taking evidence
Rest: a party “rests” when it has useful in the investigation and
presented all the evidence it intends to prosecution of a crime. The United
offer. States and Alaska Constitutions set
limits on searches and seizures. Except
Restitution: to pay back, to make whole in certain urgent circumstances, police
again. A judge can make the defendant must get a search warrant prior to the
pay the victim of the crime for any search and seizure.
money spent or lost because of the
crime, including medical and counseling Search Warrant: an order issued by a
costs, lost wages, and lost or damaged judge that lets police officers look
property. through certain premises, vehicles or
containers for certain things or persons,
Restraining Order: a court order and bring them before the court.
Self-defense: protecting one’s person or Severance: separation of the trials of

property against an immediate injury two or more defendants, or separation of
attempted by another. The state cannot charges for the same defendant, to
punish a person criminally to the extent prevent prejudice that might arise if tried
that he or she acted in justified self- together.
defense.
Sexual Abuse of a Minor: sexual
Self-incrimination: making a statement conduct by an adult with a young person.
against one’s own criminal interests. The First-degree sexual abuse of a minor
Alaska and U.S. Constitutions provide includes sexual penetration with a
that an accused person has a right to person under 13 (with or without the
remain silent, and the right to the victim’s consent), or sexual penetration
presence and advice of an attorney, of a person under 18 living with the
before any police questioning while the defendant or in the defendant’s care.
accused is in custody. Statements and Second-degree sexual abuse of a minor
evidence obtained in violation of this includes sexual contact with a person
rule cannot be used in the defendant’s under 13, sexual penetration with a
criminal trial. A defendant taken into person 13-15 years old, or sexual contact
custody must be notified of these rights with a young person living with the
(often referred to as Miranda warnings). defendant or in the defendant’s care.
The defendant can remain silent Both are felonies.
throughout the trial.
Sexual Assault: also known as rape.
Sentence: the penalty imposed on a First-degree sexual assault includes
defendant after conviction for a crime. A sexual penetration (of the genitals, anus
sentence can include a combination of or mouth) without consent of the victim.
imprisonment, probation, restitution, Second-degree sexual assault includes
community work service, treatment, sexual contact (knowingly touching the
fines, loss of license, or other restrictions victim’s genitals, anus, or female breast)
and punishments. without consent. Both are felonies.
Sequestration: keeping jurors together Speedy Trial: the constitutional right of

throughout the trial and deliberations (or an accused person to have a trial free
just during deliberations), and guarding from unreasonable delay.
them from contact with other sources of
information about the trial. Statute: a law passed by the state
legislature.
Glossary 185
Statute of Limitations: the time limits Sustain: to support as in “the judge

within which the state must prosecute a sustained the objection because she/he
defendant or else be barred from found the question irrelevant.”
prosecuting the person for that particular
crime. Testimony: evidence given by a witness
who took an oath to tell the truth.
Stipulation: an agreement by attorneys
on opposite sides of a case about facts or Theft: taking the property of another
procedures. It does not bind the parties with intent to deprive the person of it.
unless both agree and the judge approves Thefts are felonies or misdemeanors,
it. depending on the amount and conditions
of the crime.
Subpoena: a court order requiring a
witness to appear and give testimony Transcript: the official, word-for-word
before the judge. record of a trial or hearing.
Summons: a written order from a judge Trial: a formal judicial proceeding

telling a person to appear at certain time through which courts decide criminal
and place to answer charges or and civil disputes.
questions.
Venue: place of trial.
Suspended Imposition of Sentence
(SIS): in some cases, the judge does not Verdict: the formal conclusion of a
impose a sentence until after the judge or jury, deciding whether the
defendant has completed certain prosecution has proven that the
conditions similar to probation, defendant is guilty of the crime.
including jail time. If the defendant
meets all conditions, the judge can set Violation: an offense that carries no jail
aside the conviction. If not, the judge time but may be penalized by a fine not
can impose sentence. SIS is most often exceeding $500. A violation is not
used for young, first offenders. considered a crime.
Suspended Sentence: in some cases, the Victim Impact Statement: the victim’s
judge can suspend part or all of a account of the harm the victim suffered
sentence to imprisonment and give from the crime, to be considered by the
probation instead. If the defendant fails judge at sentencing.
to meet the conditions, the judge can
impose the suspended time. Voir Dire: the questions asked of
potential jurors by the attorneys or judge

to decide whether the jurors will serve
on the jury.
Waiver: the intentional and voluntary

giving up of a known right. A person ca
waive a right by agreeing to give it up,
or the judge can infer the waiver from
circumstances. Examples: waive jury;
waive presentence report.
Warrant: a written order from a judge

that authorizes a police officer to make
an arrest or a search, or carry out a
judgment.
Work Release: a program that lets

inmates leave a jail, prison, or halfway
house during the day to work at a job.
RESOURCE DIRECTORY
If you have questions or need help, you can call one of these agencies. The area code
for all Alaska numbers is (907).
CHILD HEALTH AND Fairbanks, AK 99701

WELFARE 451-2650
451-2616 fax
Office of Children’s Services Alaska Parent’s Line
Statewide Reports of Child Abuse or 1-800-643-KIDS (5437)
Neglect:
1-800-478-4444
269-4000 Anchorage CHILD SUPPORT SERVICES
Director’s Office
PO Box 110630 Child Support Services Division
Juneau, AK 99811 Alaska Department of Revenue
465-3191 Anchorage Main Office:
465-3397 fax 550 W. 7th Avenue, Suite 310
Anchorage, AK 99501
Anchorage Regional and Field Office 269-6900
550 West 8th Ave. 1-800-478-3300
Anchorage, AK 99501 269-6894 TTY
269-4000 269-6650 fax
269-3901 fax
MatSu Regional Office
South Central 845 W. Commercial Dr.
695 E. Parks Hwy. Unit 3 Wasilla, AK 99654
Wasilla, AK 99654 357-3550
357-9780 357-3552 fax
357-9763 fax
Southeast Regional Office
Southeast Regional Office 333 Willoughby Ave.
3025 Clinton Dr. Juneau, AK 99801
Juneau, AK 99801 Mailing Address:
465-3235 PO Box 110402
465-1669 fax Juneau, AK 99801
Northern Regional Office 465-5887
751 Old Richardson Hwy., #300 465-5190 fax
Northern Interior Office 1-800-669-4000 451-8303

675 Seventh Ave., Station 206-220-6882 TTY 451-8308 fax
J-2
Fairbanks, AK 99701
451-2830 COURT SYSTEM DISABILITY
451-3140 fax
RIGHTS
Alaska Court System
Website: ACCESS Alaska
CIVIL AND www.state.ak.us/courts Main Office:
HUMAN RIGHTS 121 W. Fireweed Lane,
Self-Help Center Suite 105
Alaska State Website: Anchorage, AK 99503
Commission for Human www.state.ak.us/courts/sel 248-4777
Rights fhelp.htm 1-800-770-4488
800 “A” Street, Suite 204 248 - 8799 TTY
Anchorage, AK 99501 Statewide Telephone 248-0639 fax
274-4692 Helpline www.accessalaska.org
1-800-478-4692 1-866-279-0851
276-3177 TTY Fairbanks Office
1-800-478-3177 TTY 3550 Airport Way, Suite 3
278-8588 fax CREDIT Fairbanks, AK 99709
COUNSELING 479-7940
Anchorage Equal Rights 1-800-770-7940
Commission Consumer Credit 474-8619 TTY
632 W. 6th Ave., Ste. 110 Counseling Service of 474-4052 fax
Anchorage, AK 99501 Alaska
343-4342 Main office: Mat-Su Office
343-4894 TTY 208 E. 4th Ave. 897 Commercial Drive
343-4395 fax Anchorage, AK 99501 Wasilla, AK 99687
279-6501 357-2588
U.S. Equal Employment 1-800-478-6501 1-800-770-0228
Opportunity 276-6083 fax 357-05585 fax
Commission: Seattle www.cccsofak.com
District Office Disability Law Center of
909 First Ave., Suite 400 Fairbanks Office: Alaska
Seattle, WA 98104 250 Cushman St., Suite 4B Main/Anchorage Office:
206-220-6883 Fairbanks, AK 99701 3330 Arctic Boulevard,
Suite 103 465-2668 fax DOMESTIC

Anchorage, AK 99503
565-1002 voice/TTY Anchorage Regional
VIOLENCE
1-800-478-1234 voice/ Office & SEXUAL
TTY 3601 C street, Suite 878 ASSAULT
565-1000 fax Anchorage, AK 99503
www.dlcak.org 269-3600 National Resources
1-800-770-3930
Bethel Office 269-3624 TTY Battered Women’s Justice
PO Box 2303 269-3623 fax Project
Bethel, AK 99559 1-800-903-0111
543-3357 voice/TTY Northern Regional Office 612-824-8768 voice/TTY
1-888-557-3357 751 Old Richardson Hwy., www.bwjp.org
543-3359 fax Suite 123
Fairbanks, AK 99701 Health Resource Center on
Fairbanks Office 451-5045 Domestic Violence
1949 Gillam Way 1-800-770-1672 1-888-Rx-ABUSE (792-
Suite H 451-5093 TTY 2873)
Fairbanks, AK 99701 451-5046 fax 1-800- 595-4889 TTY
456-1070 voice/TTY www.fvpf.org/health
456-1080 fax Senior and Disability
Services National Domestic
Juneau Office 240 Main St. Ste 601 Violence Hotline
230 S. Franklin, #206 Juneau, AK 99801 1-800-799-SAFE (7233)
Juneau, AK 99801 465-3372 1-800-787-3224 TTY
586-1627 voice/TTY 1-866-465-3165 www.ndvh.org
586-1066 fax 465-1170 fax Administrative
hss.state.ak.us/dsds 512-453-8117
512-453-8541 fax
DIVISION OF 3601 C. Street suite 3101
Anchorage, AK 99503 National Resource Center
BEHAVIORAL 269-3666 on Domestic Violence
HEALTH 1-800-478-9996 1-800-537-2238
PO Box 110620 269-3688 fax 1-800-553-2508 TTY
Juneau, AK 99811 717-545-9456 fax
465-3370
1-800-465-4848
465-2225 TTY
National Sexual Violence PO Box 111200 PO Box 524

Resource Center Juneau, AK 99811 Valdez, AK 99686
1-877-739-8395 465-4356 835-2980
www.nsvrc.org 465-3627 fax 835-2999 crisis
1-800-835-4044 crisis
Rape, Abuse and Incest State Coalitions
National Network Abused Women’s Aid in
1-800-656-Hope Alaska Native Women’s Crisis (AWAIC)
www.rainn.org Coalition Against 100 W. 13th Avenue
Domestic Violence and Anchorage, AK 99501
Resource Center on Sexual Assault 279-9581
Domestic Violence Child PO Box 1153 272-0100 crisis
Protection and Custody Sitka, AK 99835
1-800-527-3223 747-7689 Aiding Women in Abuse &
www.aknwc.org Rape Emergencies
Statewide Agencies and (AWARE)
Programs Alaska Network on PO Box 20809
Domestic Violence and Juneau, AK 99802
Alaska Family Violence Sexual Assault 586-6623
Prevention Project 130 Seward, Suite 209 586-1090 crisis/TTY
Alaska Dept. of Health & Juneau, AK 99801 1-800-478-1090 crisis/
Social Services, Division 586-3650 TTY
of Public Health 463-4493 fax
PO Box 240249 www.andvsa.org Arctic Women in Crisis
Anchorage, AK 99524 (AWIC)
269-3454 Domestic Violence/ PO Box 69
1-800-799-7570 Sexual Assault Resource Barrow, AK 99723
269-5236 fax Centers 852-0261
www.hss.state.ak.us/dph/ 852-2261 crisis
chems/injury_prevention/ Alaska Family Services 1-800-478-0267 crisis
akfvpp/ (AFS)
403 South Alaska Street Alaska Women’s Resource
Council on Domestic Palmer, AK 99645 Center (AWRC)
Violence and Sexual 746-4080 office/crisis 111 W. 9th Avenue
Assault Anchorage, AK 99501
Alaska Department of Advocates for Victims of 279-6528 office/crisis
Public Safety Violence (AVV)
Bering Sea Women’s 283-9479 South Peninsula Women’s

Group (BSWG) 283-7257 crisis Services (SPWS)
PO Box 1596 www.alaska.net/~leeshore 3776 Lake Street,
Nome, AK 99762 Suite 100
443-5491 Maniilaq Family Crisis Homer, AK 99603
443-5444 crisis Center (MFCC) 235-7712
1-800-570-5444 crisis PO Box 38 235-8101 crisis
Kotzebue, AK 99752 1-800-478-7712 crisis
Cordova Family Resource 442-3724 278-9988 TTY
Center (CFRC) 442-3969 crisis
PO Box 863 1-888-478-3969 Standing Together Against
Cordova, AK 99574 Rape (STAR)
424-5674 Safe and Fear-Free 1057 W. Fireweed,
424-4357 crisis Environment (SAFE) Suite 230
1-866-790-4357 PO Box 94 Anchorage, AK 99503
Dillingham, AK 99576 276-7279
Interior Alaska Center for 842-2320 276-7273 crisis
Non-Violent Living 842-2316 crisis 1-800-478-8999 crisis
(IAC, formerly WICCA) 1-800-478-2316 278-9988 TTY
717 9th Avenue
Fairbanks, AK 99701 Sitkans Against Family Tundra Women’s
452-2293 Violence (SAFV) Coalition (TWC)
452-7273 crisis PO Box 6136 PO Box 2029
1-800-478-7273 Sitka, AK 99835 Bethel, AK 99559
1-800-452-1120 TTY 747-3370 543-3444
747-6511 crisis 543-3456 crisis
Kodiak Women’s Resource 1-800-478-6511 1-800-478-7799 crisis
and Crisis Center
(KWRCC) SeaView Community Unalaskans Against
PO Box 2122 Services (SCS) Sexual Assault & Family
Kodiak, AK 99615 PO Box 1045 Violence (USAFV)
486-6171 Seward, AK 99664 PO Box 36
486-3625 crisis 224-5257 Unalaska, AK 99685
224-3027 crisis 581-1500 office/crisis
The LeeShore Center 1-888-224-5257 crisis 1-800-478-7238 crisis
325 S. Spruce St.
Kenai, AK 99611
Women in Safe Homes FEDERAL Ketchikan Office

(WISH) Commodore Building
PO Box 6552
AGENCIES 109 Main Street
Ketchikan, AK 99901 Ketchikan, AK 99901
Alcohol, Tobacco,
225-9474 crisis 225-5200
Firearms (ATF)
1-800-478-9474 crisis
271- 5701
STOP Violence Against EMPLOYMENT
FBI Office in Alaska
Women Native Women
276-4441
Alaska Grantees Alaska State Commission
United States Attorney’s for Human Rights
Central Council of Tlingit 274-4692
Office
and Haida Indians 1-800-478-4692
Federal Building
320 W. Willoughby Ave. 276-3177 (TTY)
222 W. 7th Ave. #9 Room
Suite 300 1-800-276-3177(TTY)
253
Juneau, AK 99801
Anchorage, AK 99513
586-1432 Office of Equal
271-5071
www.ccthita.org Employment
Social Security Opportunity
Mount Sanford 279-0299
Administration
Consortium
Juneau Office
PO Box 357 Anchorage Equal Rights
Federal Building
Gakona, AK 99886 Commission
709 West 9th Room 231
822-5399 343-4342
Juneau, AK 99801
www.mstc.org 343-4894 (TTY)
586-7070
Sitka Tribe of Alaska U.S. Equal Employment
Anchorage Office
429 Katlian St. Opportunities
222 West 8th Avenue,
Sitka, AK 99835 Commission
Room A-11
747-7500 1-800-669-4000
Anchorage, AK 99513
271-4455 1-800-669-6820 (TTY)
Tetlin Tribal Council
PO Box 519 Office of Federal
Fairbanks Office
Tetlin, AK 99780 Contract Compliance
101 12th Avenue
324-3132 Programs
Fairbanks, AK 99701
324-3130 fax 415-848-6969
456-0391
415-848-6955 fax
GOVERNOR’S HIV/AIDS 99504

PO Box 101020
OFFICE RESOURCES Anchorage, AK 99510
338-6100
Office of the Governor Alaskans AIDS
1-800-478-AHFC (2432)
3rd Floor, State Capitol Assistance Association
338-9218 fax
PO Box 110001 1057 W. Fireweed
www.ahfc.state.ak.us
Juneau, AK 99811 Suite 102
465-3500 Anchorage, AK 99503
Check your directory for
465-3532 fax 263-2050
local listings, contact the
465-3489 TDD 263-2051 fax
Alaska Housing Finance
State Info: 465-2111
Corporation or contact the
Statewide AIDS
following:
Anchorage Office Helpline:
550 West 7th Avenue 1-800-478-AIDS (2437)
Anchorage Family
Suite 1700 276-4880
Investment Center
Anchorage, AK 99503
624 W. International
269-7450 Interior AIDS
Airport Road
269-7461 fax Association
PO Box 241385
State Info: 269-5111 710 Third Ave
Anchorage, AK 99524
Fairbanks, AK 99707
330-6100
Fairbanks Office 452-IAAA (4222)
1-800-478-2432
675 7th Avenue 452-8176 fax
277-2559 TTY
Suite H5
1-800-478-5558 TTY
Fairbanks, AK 99701 Shanti of Juneau
451-2920 PO Box 22655
Fairbanks Family
451-2858 fax Juneau, AK 99802
Investment Center
463-5665
1441 22nd Avenue,
Washington DC Office 586-3025 fax
Q Building
202-624-5858
Fairbanks, AK 99707
202-624-5857 fax
456-3738
HOUSING 456-4621 TDD/TTY
1-800-478-4621 TTY
Alaska Housing Finance
Corporation Juneau Family Investment
Division of Public Center
Housing 3410 Foster Ave.
4300 Boniface Parkway
PO Box 021265 Juneau Office: Seward Office:

Juneau, AK 99802 3410 Foster Ave. 200 Lowell Canyon Rd.
586-3750 PO Box 021265 PO Box 1475
586-3956 TTY/TDD Juneau, AK 99801 Seward, AK 99664
1-800-478-3750 TTY 586-3750 224-3737
REGIONAL HOUSING Kenai/Soldotna Office: Sitka Office:

AUTHORITIES 44539 Sterling Hwy. 404 Lake St.
Anchorage Office: Suite 201-A Sitka, AK 99835
4300 Bonifase Parkway Soldotna, AK 99669 747-5700
Anchorage, AK 99504 260-7633
338-6100 Soldotna Office:
Ketchikan Office: 44539 Sterling Hwy.
Bethel Office: 130 Bryant St. Suite 201-A
122 Ataq PO Box 5124 Soldotna, AK 99669
PO Box 587 Ketchikan, AK 99901 260-7633
Bethel, AK 99559 225-6030
543-2228 Valdez Office:
Kodiak Office: 104-B Bremner
Cordova Office: 521 Maple PO Box 926
401 Second St. PO Box 317 Valdez, AK 99686
PO Box 1728 Kodiak, AK 99615 835-2119
Cordova, AK 99574 486-5513
424-7697 Wasilla/Mat-Su Office:
Nome Office: 851 E. West Point Dr.
Fairbanks Office: 406 I Street Suite B06
1441 22nd Ave., PO Box 930 PO Box 873347
Fairbanks, AK 99701 Nome, AK 99762 Wasilla, AK 99687
456-3738 443-2888 376-5744
Homer Office: Petersburg Office: Wrangell Office:

270 W. Pioneer Avenue 102 1st St. 720 Zimovia Hwy. #107
Suite D PO Box 729 PO Box 950
Homer, AK 99603 Petersburg, AK 99833 Wrangell, AK 99929
235-2447 772-3550 874-3018
IMMIGRATION All other areas:

1-888-252-2557 Fairbanks Office
SERVICES 1-888-353-2937 fax 675 Seventh Ave. Station
H2
Alaska Immigration
Job Line Numbers: Fairbanks, AK 99701
Justice Project
Anchorage/In-State: 451-2889
431 W. 7th Avenue, Suite
269-4770 451-2928 fax
208
Anchorage/Out-of-State:
Anchorage, AK 99501
269-4865 State Department of
279-AIJP (2457)
Homer: 235-7200 Labor Wage & Hour
279-2450 fax
Juneau: 465-4571 Administration
Kodiak: 486-6838 269-4900
Mat-Su: 352-2593 1-800-478-2435
LABOR www.jobs.state.ak.us
Fishermen’s Fund
Alaska Department of Labor Standards & PO Box 111149
Labor Safety Juneau, AK 99802
Employment Security PO Box 21149 465-2766
(Unemployment Juneau, AK 99802 1-800-520-2766
Insurance Benefits) 465-4855 465-2797 fax
Anchorage UI Call Center 465-3584 fax www.labor.state.ak.us/wc/
PO Box 107224 www.labor.state.ak.us/lss/ ffund.htm
Anchorage, AK 99510 home.htm
269-4700 State Employee Claims
269-4790 fax Workers’ Compensation Harbor Adjustment
www.labor.state.ak.us Main Office Services
PO Box 111512 900 W. Benson Blvd, Ste.
Fairbanks UI Call Center Juneau, AK 99811 101
PO Box 71010 465-2790 Anchorage, AK 99517
Fairbanks, AK 99707 465-2797 fax 277-1377
451-2871 labor.state.ak.us/wc
451-2870 fax U.S. Department of
Anchorage Office Labor
Juneau UI Call Center PO Box 107019 271-2867
PO Box 25510 Anchorage, AK 99510
Juneau, AK 99802 269-4980
465-5552 269-4975 fax
465-5573 fax
LEGAL Dillingham, AK 99576 Alaska Office of Victims

842-1452 Rights
Alaska Bar Association 1-888-391-1475 www.officeofvictimsrights
550 W. 7th Avenue Suite 842-1430 fax .legis.state.ak.us
1900 272-2620
Anchorage, AK 99501 Fairbanks Office 1-866-274-2620
272-7469 1648 Cushman,
272-2932 fax Suite 300 Family Law Self-Help
www.alaskabar.org Fairbanks, AK 99701 Center, Alaska Court
452-5181 System
Lawyer Referral Service: 1-800-478-5401 www.state.ak.us/courts/
272-0352 456-6359 fax selfhelp.htm
Anchorage, AK 264-0819
Outside Anchorage: Juneau Office 1-866-279-0851
1-800-770-9999 419 6th St., Suite 322
Juneau, AK 99801
Alaska Legal Services 586-6425 MENTAL HEALTH
www.state.ak.us/local/ 1-800-789-6426
akpages/ADMIN/pd/ 586-2449 fax National Alliance for the
office.htm Mentally Ill (NAMI)
Ketchikan Office 144 W. 15th Avenue
Anchorage Office 306 Main St. Anchorage, AK 99501
1016 W. 6th Ave. # 200 NBA Bldg, #218 272-0227
Anchorage, AK 99501 Ketchikan, AK 99901 www.nami.org
272-9431 225-6420
1-888-478-2572 225-6896 fax Juneau Alliance for
279-7417 fax Mental Health (JAMHI)
Kotzebue Office 3406 Glacier Hwy.
Bethel Office PO Box 526 Juneau, AK 99801
PO Box 248 Kotzebue, Alaska 99752 463-3303
Bethel, AK 99559 442-3500
543-2237 442-4111 fax Healthy Alaskans
1-800-478-2230 Information Line
Nome Office
543-5537 fax A Statewide Referral for
Is not currently staffed.
Health & Human Services
Contact Fairbanks office if
Dillingham Office in Alaska
you are from the Nome
PO Box 176 1-800-478-2221
area.
See the Disability section 1-800-478-2624 Palmer Office:

for additional resources. 465-3330 fax 268 E Fireweed Lane, Ste
101
Palmer, AK 99645
NATIVE PUBLIC 745-0435
745-0467 fax
ALASKAN ADVOCATE
Alaska Federation of Office of Public
Natives Advocacy PUBLIC
1577 “C” Street, Suite 300 (Includes Public ASSISTANCE
Anchorage, AK 99501 Guardian)
274-3611 Anchorage Office: Public Assistance Website:
276-7989 fax 900 W. 5th Ave., Ste. 525 www.hss.state.ak.us/dpa/
www.nativefederation.org Anchorage, AK 99501
269-3500 Anchorage District
See the Social Services 269-3535 fax 400 Gambell St., Suite 101
section for additional Anchorage, AK 99501
resources. Bethel Office: 269-6599
P.O Box 2129 269-6450 fax
Bethel, AK 99559
OMBUDSMAN 534-1234 Bethel District Office
534-1316 fax PO Box 365
Office of the Bethel, AK 99559
Ombudsman Fairbanks Office: 543-2686
State of Alaska 100 Cushman, Suite 502 1-800-478-2686
PO Box 102636 Fairbanks, AK 99701 543-5912 fax
Anchorage, AK 99510 451-5933
269-5290 451-5934 fax Coastal Field Office
269-5291 fax 3601 “C” St., Suite 410
www.state.ak.us/local/ Juneau Office: PO Box 240249
akpages/LEGISLATURE/ Assembly Building, Anchorage, AK 99524
ombud/home.htm Rm. 103 269-8950
PO Box 110225 1-800-478-4372
Juneau Office Juneau, AK 99811 563-1619 fax
PO Box 113000 465-4173
Juneau, AK 99811 465-3645 fax Denali KidCare Office
465-4970 PO Box 240047
Anchorage, Alaska 99524 1-800-478-9032 443-2307 fax

269-6529 283-2975 fax
1-888-318-8890 SE APA/Specialized
Ketchikan District Office Medicaid
Eagle River Job Center 2030 Sea Level Dr. 10002 Glacier Hwy., Suite
11723 Old Glenn Hwy S- Suite 301 105
B4 Ketchikan, AK 99901 Juneau, Alaska 99801
Eagle River, AK 99577 225-2135 465-3537
694-7006 1-800-478-2135 1-800-478-8234
694-1490 fax 247-2135 fax
Sitka District Office
Fairbanks District Kodiak District Office 201 Katlian St., #107
675 7th Ave., Station D 307 Center Ave. Sitka, AK 99835
Fairbanks, AK 99701 Kodiak, AK 99615 747-8234
451-2850 486-3783 1-800-478-8234
1-800-478-2850 1-888-480-3783 747-8224 fax
451-2923 fax 486-3116 fax
Homer District Office Kotzebue District Office REPRODUCTIVE

270 W. Pioneer, Suite C PO Box 1210
Homer, AK 99603 Kotzebue, AK 99752
RIGHTS
235-6132 442-3451
Alaska Emergency
235-6176 fax 1-800-478-3451
Contraception Project
442-2151 fax
1-888-NOT-2-LATE
Juneau District Office
www.alaskec.org
10002 Glacier Hwy., Mat-Su District Office
www.not-2-late.com
Suite 201 855 W. Commercial Dr.
Juneau, AK 99801 Wasilla, AK 99654
Planned Parenthood of
465-3551 376-3903
Alaska
1-800-478-3551 1-800-478-7778
For the clinic nearest you
465-5238 fax 373-1136 fax
and free information/
counseling
Kenai Peninsula Job Nome District Office
1-800-230-PLAN
Center PO Box 2110
www.ppak.org
11312 Kenai Spur Hwy #2 Nome, AK 99762
Kenai, AK 99611 443-2237
Anchorage Center
283-2900 1-800-478-2236
4001 Lake Otis Parkway
Anchorage, AK 99508 Fairbanks Regional Public Mat-Su Public Health

563-2229 Health Center Interior Center
563-7419 fax Region 3223 E. Palmer Wasilla
Fairbanks Clinic 1025 West Barnette Hwy., Ste 3
1867 Airport Way, Suite Fairbanks, AK 99701 Wasilla, AK 99654
160B 452-1776 376-2437
Fairbanks, AK 99701 451-1611 fax 376-3096 fax
455-7285
Juneau Public Health
Soldotna Center Center SOCIAL SERVICES
East Redoubt Avenue 3412 Glacier Highway
Soldotna, AK 99669 Juneau, AK 99801 Alaska Department of
262-2622 465-3353 Health & Social Services
262-8564 fax 465-3389 fax Community Coordinator,
Office of the
Sitka Center Kenai Public Health Commissioner
514 Lake Street Center (City Hall) 350 Main St Room 404
Sitka, AK 99835 630 Barnacle Way, Suite PO Box 110601
747-3883 A Juneau, AK 99801
747-8282 fax Kenai, AK 99611 465-3030
335-3400 586-4265 TTY
Family Planning Clinics 335-3405 fax 465-3068 fax
Bethel Center and www.hss.state.ak.us/
Itinerant Nursing Services Ketchikan Public Health
PO Box 1048 (1490 State Center Alaska Native Non-Profit
Hwy) 3054 Fifth Avenue Regional Corporations
Bethel, AK 99559 Ketchikan, AK 99901 [Please check your local
543-2110 225-4350 listings for regional &
543-0435 fax 247-0978 fax local contact numbers]
Craig Public Health Kodiak Public Health Aleutian Pribilof
Center Center Islands Association
PO Box 130 (404 Spruce) 316 Mission Road, Room
Craig, AK 99921 207 Arctic Slope Native
826-3433 Kodiak, AK 99615 Association
826-3435 fax 486-3319
486-8149 fax
Association of Village SEXUAL See the Domestic Violence/

Council Presidents Sexual Assault section for
ASSAULT additional resources.
Bristol Bay Native
See the Domestic Violence/
Association ADDITIONAL
Sexual Assault section for
Central Council of Tlingit
resources. RESOURCE
& Haida MATERIALS-
BOOKS AND
Chugachmiu, Inc. VICTIMS’ PUBLICATIONS
SERVICES
Cook Inlet Tribal Council Managing Your Divorce:
Alaska Office of Victims A Guide for Battered
Copper River Native Rights Women
Association 272-2620 Resource Center on
1-866-274-2620 Domestic Violence: Child
Kawerak, Inc. www.officeofvictimsrights Protection and Custody
legis.state.ak.us Family Violence
Kodiak Area Native Department of the
Association Violent Crimes National
Compensation Board Council of Juvenile and
Maniilaq Association PO Box 110230 Family Court Judges
Juneau, AK 99811 (1998)
Tanana Chiefs Conference 465-3040 1-800- 527-3223
1-800-764-3040
U.S. Department of the 465-2379 fax
Interior www.state.ak.us/admin/
Bureau of Indian Affairs- vccb/
Alaska Region
PO Box 25520
Juneau, AK 99802 Victims for Justice
586-7177 www.victimsforjustice.org
1-800-645-8397 1057 W. Fireweed Lane,
586-7252 fax Suite 101
Anchorage, AK 99503
278-0977
258-0740 fax
Personalized Safety Plan

This is my plan for increasing my safety and preparing in advance for the possibility
of further violence. Although I do not have control over my partner’s violence, I do
have a choice about how to respond to him and how to best get myself and my
children to safety.
MY IMPORTANT TELEPHONE 4. I can tell ______________________

NUMBERS (neighbors) about the violence and ask
them to call the police if they hear
Police: 911 and __________________. suspicious noises coming from the
(non-Emergency) house.
Domestic Violence Program/Safe Home:
________________________________. 5. I can teach my children how to use
District Attorney’s Office ___________. the telephone or radio to contact the
police and to get help in an emergency.
SAFETY DURING AN ASSAULT
6. I can use _________________ as my
Women cannot always avoid violent code word with my children and/or
incidents, but they can do a number of friends when I am in danger, so they will
things to increase their safety during call for help.
violent incidents.
7. When I expect an argument, I can try
I can do some or all of the following: to move to ______________________,
a space near an outside door that has no
1. If I decide to leave, I can get out of guns, knives or other weapons (usually
the house by _____________________. bathrooms, garages and kitchen areas are
(Practice how to get out safely. What dangerous places).
doors or windows will you use?)
8. I can use my judgment and intuition.
2. I can go to _____________________. If the situation is very serious, I can give
(Decide this even if you don’t think my partner what he wants to calm him
there will be a next time.) down. I have to protect myself until I am
out of danger.
3. In order to be able to leave quickly, I
can keep my purse and vehicle key ready 9. I can call the police when it is safe,
by putting them ___________________. and I can get a protective order from the
court. Checklist – What you may want to take

with you, if it is safe to do so:
SAFETY WHEN PREPARING TO
LEAVE • Identification
• Address book
Leaving must be done with a careful
• Money
plan to increase safety. Batterers often
strike back when they believe the • Credit cards
woman is leaving the relationship. • Medications
• Social Security Cards
I can do some or all of the following: • Keys (house/car/work)
• Welfare identification
1. So I can leave quickly, I can leave
• Driver’s license/vehicle registration
money, an extra set of keys, extra
clothing and important documents with • Address book
________________________________. • Birth and marriage certificates
• Checkbook, ATM card, and other
2. I can open a savings account to bank books
increase my independence. • Work permit
• School and vaccination records
3. I can check with ________________ • Children’s birth certificates
and ___________________ to see who
would be able to let me stay with them • Divorce papers
or lend me some money. • Copy of protective order
• Passport
4. The National Domestic Violence • Pets (if you can)
hotline number is 1-800-478-2316. By • Jewelry
calling this free hotline, I can get the • Photo Album
number of a shelter near me.
• Children’s special blanket, doll, or
5. I can rehearse my escape plan and, as stuffed animal
appropriate, practice it with my children.
SAFETY IN MY HOME
6. Other things I can do to increase my
independence: ____________________ There are many things that a woman can
_________________________________ do to increase safety in her home. It may
_________________________________ be impossible to do everything at once,
but safety measures can be added step by
step. partner does not have permission. The

people I will inform about this are:
1. I can inform ___________________ _________________________ (school)
that my partner no longer resides with _______________________ (day care)
me and they should call the police if he ______________________ (babysitter)
is seen at my residence. _________________________ (teacher)
__________________________ (others)
2. I can change the locks on my doors
and windows as soon as possible. SAFETY WITH A PROTECTIVE
ORDER
3. I can replace wooden doors with
steel/metal doors. Protective orders are available from the
court. An advocate is available at the
4. I can install security systems nearest domestic violence/sexual assault
including additional locks, window bars, program to help you get one. Many
poles to wedge against doors, an batterers obey protective orders, but
electronic system, etc. some do not.
5. I can purchase rope ladders to be used I understand that I may need to ask the
for escape from second floor windows. police and the courts to enforce my
protective order. I can do some or all of
6. I can install smoke detectors and the following to increase my safety:
purchase fire extinguishers for my home.
1. I can keep a copy of my protective
7. I can install an outside lighting order with me at all times.
system that lights up when a person is
coming close to my house. 2. I can check with my local police
department to make sure my protective
8. I can teach my children how to use order is on record with them. If not, I
the telephone, in case my partner takes will give a copy of my protective order
them, to make a collect call to me and to: to them. I will also give a copy of my
________________________________. protective order to police departments in
(friend/advocate/minister/other) the community where I work and in
those communities where I usually visit
9. I can tell people who take care of my family or friends.
children which people have permission
to pick up my children and that my
3. I can tell my employer, my domestic 3. When I leave work, I can walk with
violence program advocate, my minister, _______________________ to my car
my closest friend, and or the bus stop. I can park my car where
________________ that I have a I will feel safest getting in and out of the
protective order in effect. car.
4. If my partner destroys my protective 4. When traveling home if problems

order, I can get another copy from the occur, I can ______________________.
courthouse by calling
______________________. 5. I can use different grocery stores,
shopping malls, and banks to shop and
5. If my partner violates the protective do business at hours that are different
order, I can call the police and report a from those I used when residing with my
violation, call my attorney, call an battering partner.
advocate at a domestic violence
program, and/or advise the court of the 6. I can also ______________________
violation. _________________________________
________________________________.
SAFETY ON THE JOB AND IN
PUBLIC SAFETY AND DRUG OR
ALCOHOL USE
Each battered woman must decide for
herself if and when to tell others about Many people use alcohol and drugs.
the violence. Friends, family and co- Using illegal drugs and abusing alcohol
workers can help to protect her, and she can be very hard on a battered woman
needs to consider carefully who to ask physically and emotionally. It may hurt
for help. her relationship with her children and
put her at a disadvantage in court.
I can do any or all of the following: Beyond this, the use of alcohol or other
drugs can reduce a woman’s awareness
1. I can tell my boss, the security and ability to act quickly to protect
supervisor, and ___________________ herself from her battering partner.
at work of my situation. Therefore, in the context of drug or
alcohol use, a woman needs to make
2. I can ask _____________________ specific plans.
to help screen my telephone calls at
work. If drug or alcohol use has occurred in my
relationship with my partner, I can 2. When I have to communicate with my

enhance my safety by doing some or all partner in person or by telephone, I can
of the following: ________________________________.
1. If I am going to use, I can do so in a 3. I can use, “I can” statements with

safe place and with people who myself and be assertive with others.
understand the risk of violence and are
committed to my safety. 4. I can tell myself ________________
whenever I feel others are trying to
2. If my partner is using, I can control or abuse me.
________________________________.
5. I can read _____________________
3. To safeguard my children, I can to help me feel stronger.
________________________________.
6. I can call ___________, __________,
4. I can also _____________________ and ______________ as other resources
_________________________________ to be of support to me.
________________________________.
7. I can attend workshops and support
SAFETY AND MY EMOTIONAL groups at the domestic violence program
HEALTH or ___________________ to gain
support and strengthen my relationships
The experience of being battered and with other people.
verbally degraded by partners is
exhausting and emotionally draining. 8. Other things I can do to help me feel
The process of building a new life for stronger are: ______________________
myself takes much courage and _________________________________
incredible energy. ________________________________.
To conserve my emotional energy and to SAFETY AND TECHNOLOGY

avoid hard emotional times, I can do
some of the following: Technology can assist me in achieving
help and safety. However, it is also
1. If I feel down and ready to return to a important to consider how technology
potentially abusive situation, I can might be misused. I trust my instincts. If
________________________________. I suspect that my phone, computer, email
or other activities are being monitored, I
can do some or all of the following:

6. Digital cell phone calls may be
1. If I suspect my partner is monitoring intercepted by law enforcement If my
me, I can contact an advocate or law abuser has access to these tools, or if he
enforcement at ____________________. has access to my cell phone records, a
safe phone I can use
2. Computers keep records of users’ is__________________________.
actions. If I need to use a computer or
the internet to look for help or make 7. Cell phones may be programmed to
plans to leave, I can use a safer computer track someone’s location through Global
that my partner does not have access to. Positioning Sytem (GPS) Chips. If I
It may be at a friends house, library, or think I am being tracked, I can call law
café. A safer computer I can use is: enforcement. I can also turn off my cell
____________________________. phone or leave it behind when this is
safe.
3. If I suspect my email is being
monitored, I can open an account 8. Often domestic violence programs
through a free web based company such have donated cell phones for emergency
as yahoo or gmail that I do not read on a calls. A place where I can get a used or
computer my partner has access to. I can donated cell phone is
create a safer account name that is ___________________________.
anonymous and does not include my
real name. This section was adapted from safety
planning materials prepared by Jody
4. I can change my passwords and pin Lown, former Victim-Witness Program
numbers frequently. Coordinator.
5. Cordless phones use radio waves to A note of thanks to Barbara Hart, Esq.,
transmit sounds, and therefore Legal Director, Pennsylvania Coalition
conversations can be intercepted by Against Domestic Violence, whose
other cordless devices, radios, and radio materials on safety planning made this
scanners. Phones with wires are safety planning section possible.
generally safer, but they may also be
tapped. A safe phone for me to use when
discussing my escape plans, safety plans,
or speaking with an advocate
is________________________.
OTHER IMPORTANT NUMBERS
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
Notes
209
Notes
210 Women’s LegalALASKA NETWORK ON DOMESTIC VIOLENCE &
Rights Handbook
SEXUAL ASSAULT MEMBER PROGRAMS
Program Location Local Phone Toll Free
THE VIOLENCE AGAINST WOMEN ACT
AVV Valdez
Makes it Possible (907)Domestic
to Get Your 835-2999 1-800-835-4044
Violence Protective Order Enforced in
AWAIC Other States
Anchorage (907) 272-0100 *
The Violence Against Women Act is a law

AWARE Juneau by Congress
that was passed (907)in
586-1090/TTY
1994. It 1-800-478-1090/TTY
says that all state and tribal courts
AWIC shall enforce protective orders
Barrow no matter
(907) 852-0266 1-800-478-0267
which court or which state issued the
AWRC order. All protective orders
Anchorage are good
(907) 276-0528 *
anywhere in the United States as long as
they meet the following conditions:
BSWG Nome (907) 443-5444 1-800-570-5444
• The court order was given by a judge

CFRC Cordova (907) 424-4357 1-866-790-4357
or magistrate after a person who was
abused by a family or household member
IAC Fairbanks
filed a petition with the (907) 452-7273
court asking 1-888-478-7273
for protection; 1-800-452-1120 TTY
KWRCC • The court

Kodiakthat issued the order had
(907) 486-3625 *
jurisdiction over the people and case;
LeeShore Center• The abuser
Kenaihad notice of (907)
the283-7257
order and *
had a chance to go to court to tell
his/her side of the story;
MFCC Kotzebue (907) 442-3969 1-888-478-3969
• In the case of emergency orders, the
SAFE abuserDillingham
will have a chance to go to
(907) 842-2316 1-800-478-2316
court to tell his/her side of the
story at a scheduled hearing.
SAFV Sitka (907) 747-6511 1-800-478-6511
Each state must enforce out-of-state
SCS protectiveSeward
orders in the (907)same224-3027
way it 1-800-224-5257
enforces its own orders, and also apply
SPHH the same penalties
Homer that it applies to its
(907) 235-8101 1-800-478-7712 (9-5 pm)
own orders. This is also referred to as 1-800-235-8101
“full faith and credit.” This pamphlet
STAR gives youAnchorage
general information(907) 276-7273
about how 1-800-478-8999
to get your protective order(907) 278-9988/TTY
enforced in
a state other than the one that granted
TWC the order.Bethel
It also gives(907)
you543-3456
specific 1-800-478-7799
information about how to get your order
USAFV Unalaska
enforced in Alaska. (907) 581-1500 1-800-478-7238
WISH Ketchikan (907) 225-9474 1-800-478-9474
*Programs accept collect crisis calls

211

Womens Legal Rights Handbook

Uploaded by

Copyright:

Available Formats

Womens Legal Rights Handbook

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Womens Legal Rights Handbook

Uploaded by

Copyright:

Available Formats

Women’s

Any corrections or suggestions to the handbook should be sent to Kari

This handbook can also be found online at www.andvsa.org

Alaska Network on Domestic Violence & Sexual Assault

4. Credit, Debt Collection, & Bankruptcy 41

5. Criminal Law and Victims’ Rights 48

6. Violence Against Women — Domestic Violence, Sexual Assault,

7. Inheritance & Estate Planning 92

8. Names, Name Changes, Social Security Number Changes, &

9. Involuntary Commitment 103

10. Adoption 108

11. Reproductive Rights 112

12. Parent and Child 123

13. Marriage and Domestic Partnerships 129

14. Divorce, Dissolution, Child Custody, & Child Support 134

15. Public Assistance 160

16. Working with Immigrant Crime Victims 166

Glossary of Legal Terms 170

Resource Directory 187

Personalized Safety Plan 201

Alaska Network on Domestic Violence & Sexual Assault Member

SOURCES OF YOUR RIGHTS person is to be denied the enjoyment

written opinions of judges at the domestic violence protective orders);

AS- Alaska Statutes Federal law involves constitutional

have power to decide issues involving • Legal Resources Information

• What is a Guardian Ad Litem?

When do I need an attorney? governing this problem?

How can I find an attorney? and experience with your particular

Various factors and arrangements may A clear understanding of fees is

Should I expect to pay an initial Who is responsible for the fee?

or full fee to be paid by an opposing • Gather pertinent information before

your new attorney. review and investigate as needed. [See

dishonesty and there is no other source

In addition to discrimination, other common complaints in employment disputes

EMPLOYMENT DISCRIMINATION someone who is familiar with these

Employment Opportunity Commission protected classes. [AS 18.80.220 (a)

• Title IX of the Education customers. See Chapter 11 for more

What is the Pregnancy Discrimination Title I of the Americans with Disabilities

example, if a supervisor or employer is employment laws. Usually the state

There is developing case law finding SEX DISCRIMINATION

physical conduct of a sexual nature is important to promptly use any

be made; and liable for a supervisor’s discriminatory

What makes an employer legally This is one of the reasons it is important

be directed at the victim to be offensive, What should you do if you are a

WAGE DISCRIMINATION fringe benefits.

Alaska’s comprehensive Human Rights A number of court cases have

What is Alaska’s law regarding Supreme Court stated that the

AMERICANS WITH DISABILITIES against an employee with a physical or

handbook for contact information. What are the requirements for

WRONGFUL TERMINATION/ for the reasons in writing. Even if your

What should I do if I am not a WHISTLEBLOWER PROTECTION

employment action based on the when a woman leaves home in the

laws. The amount of recovery is limited Can an employer be liable for

Do I need to file my complaint with What are the state agencies/

P.2d 1365 (Alaska 1995).] for these agencies.

agency, your complaint will be

There are other federal agencies which

CREDIT, DEBT COLLECTION, & BANKRUPTCY

FEDERAL CREDIT REPORTING the major credit reporting companies