Alaska Request to Modify or Dissolve Protective Order

State:
Alaska
Control #:
AK-DV-135
Format:
PDF
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Description

Request to Modify or Dissolve Protective Order, is an official form from the Alaska Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alaska statutes and law.

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FAQ

The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.

Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.

There are no costs involved in applying for a protection order, unless an attorney is used.Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

Get the documents. In order to be prepared to fight the order you need to know exactly what is being said about you. Know the law in your state. Know the timelines for contesting these orders, and take action immediately when you are informed that there may be an order against you.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.The court may refuse to withdraw if it believes that you or your children require protection.

If you're the person who asked for the no contact order, you can ask the judge in your case to drop it. While there's no guarantee that the judge will do so, if you can show that you're not being forced or coerced into doing it, you'll have a better chance of getting it dropped.

Modifications: After the court has granted either the ex parte temporary protective order or long term protective order, if you want to change part of the order, you can file your request with the court. Only the judge has the power to modify the order.It is not valid unless it is written in a court order.

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Alaska Request to Modify or Dissolve Protective Order