Anchorage Domestic Violence Lawyers For Victims And The Wrongly Accused
Facing a partner who hurts you and your children can be terrifying, but Alaska law offers you safety from them. At Eschbacher & Eschbacher, our lawyers represent victims of domestic violence going through divorce. They also represent parents falsely accused of domestic violence in Anchorage and neighboring counties.
Our father-and-son legal team excels at negotiating and standing firm during trials. Their goal is to help you move toward a safer living situation.
What Alaska Law Says About Domestic Violence
Alaska offers protections for domestic violence victims of household members, such as spouses, roommates, domestic partners and family relatives. The law counts it as a domestic violence incident when a household member commits a crime against another member of the house. These can include, but are not limited to, assault, property damage, harassment or efforts to stop the victim from reporting the crime.
The law defines boundaries on who qualifies for a domestic violence protective order (DVPO), allowing eligible individuals to file for immediate protection. Our domestic violence attorneys can evaluate your case and guide you through your next steps in protecting your family from harm.
Different Types Of Protective Orders In Alaska
Besides offering DVPOs, Alaska law grants protective orders to victims of stalking, sexual assault and elder abuse. Regardless of the category, the courts may grant one of the following specific types of protective orders based on your immediate safety needs:
- Emergency protective order: Duration is 72 hours. A police officer requests this on behalf of a victim during an after-hours emergency.
- Ex parte protective order: Duration is up to 20 days. A judge may grant this temporary order without the abuser being present in court if an immediate threat exists.
- Long-term protective order: Duration is up to one year for domestic violence victims. A judge issues this after a full court hearing.
Our team can help you file for a protective order.
How Domestic Violence Impacts Divorce And Child Custody
Domestic violence affects how a couple arranges parenting plans out of court, making it unsafe for the victim to negotiate. Your case may need to go to trial, where a judge determines a plan that fits the best interests of the child. The courts have a rebuttable presumption that a parent who committed domestic violence or sexual assault may not receive custody. Continuing a connection could endanger the child or parent’s welfare.
Defending Against False Domestic Violence Allegations
Facing false accusations of domestic violence can mean significant consequences for your standing in a divorce process. The actions you take after an issued protective order can affect your case.
You can challenge a temporary order during the full evidentiary hearing scheduled by the court. During the hearing, you and your legal team can present evidence and cross-examine witnesses. If you successfully demonstrate that the allegations do not meet the legal criteria for domestic violence, then the judge will dismiss the petition.
If you received a long-term order, you may file a formal request to dissolve the protective order. Specifying the reason is crucial and can include newly discovered evidence or evidence that the petitioner lied under oath or fabricated the threat. A hearing will follow, at which time both parties will lobby for a continuation or dissolution of the order.
Having a domestic violence attorney is advisable. At Eschbacher & Eschbacher, our attorneys can help you gather evidence to disprove the allegations.
Quick Answers To Common Questions About Domestic Violence In Anchorage
Below, our lawyers provide more insights on Alaska’s domestic violence laws by answering frequently asked questions.
What are the different types of protective orders available in Alaska?
Under Alaska law, a protective order is available for victims of domestic violence, stalking, sexual assault and elder abuse. Depending on your needs, the courts may grant an emergency, temporary or long-term order.
How does a domestic violence finding affect child custody and visitation in Alaska?
A history of domestic violence impacts child custody decisions. Courts presume that a parent who committed domestic violence should not receive custody or visitation rights. However, they may qualify after completing required treatment programs.
Can a protective order be dismissed or overturned if the allegations are false?
Yes, the courts can dismiss a protective order if you prove the allegations are false. Consulting a domestic violence attorney is advisable to learn the specific pathway to take, depending on your situation.
Speak With An Experienced Domestic Violence Lawyer Today
Whether you need protection from an abusive partner or guidance on disproving allegations, you can count on our lawyers. They have over 75 combined years of experience, which they’ll leverage to find solutions to your concerns. Call 866-653-4212 or fill out our online contact form to schedule an appointment.