Last updated: 11/3/2023
Supplement To Court Visitors Report On Review {PG-271}
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Description
AS 13.26.450 Page 1 of 4 PG-810 ()(cs) 20-DAY EX PARTE ORDER OF PROTECTION FROM FINANCIAL ABUSE IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) Petitioner (Person Filing Petition) ) on behalf of ) (Protected Person) ) ) Case No. PR pt-PTv. ) ) 20-DAY EX PARTE Respondent (Restrained Person) ) ORDER OF PROTECTION FROM ) FINANCIAL ABUSE (AS 13.26.450) A. BACKGROUND The petitioner filed a petition requesting a 20-day ex parte order of protection from financial abuse on behalf of the protected person named above. The court makes the following findings and order based on: Allegations in the petition. Testimony on record. Date: courtroom: start time: Present were: Petitioner Protected Person Respondent Other persons (list) Other evidence: B. HEARING ON REQUEST FOR LONG-TERM ORDER The petitioner requested a long-term order. A hearing on the request for a long-term order will be held at: Date and Time: Judicial Officer: Court Location: C. EFFECTIVE DATES OF THIS ORDER This order is effective immediately and will remain in effect for 20 days unless modified or dissolved earlier by court order. This order shall expire on at 11:59 pm unless modified or dissolved earlier by court order. D. FINDINGS OF FACT 1.VENUE. Venue is proper because the protected person resides here does not reside in Alaska but has property here. [AS 13.26.411] 2.SERVICE OF PETITION ON RESPONDENT BY PETITIONER. The petitioner certified in writing the efforts made to notify the respondent of thepetition. Respondent was notified was not notified of the petition by thepetitioner. [AS 13.26.450(a)] American LegalNet, Inc. www.FormsWorkFlow.com AS 13.26.450 Page 2 of 4 PG-810 ()(cs) 20-DAY EX PARTE ORDER OF PROTECTION FROM FINANCIAL ABUSE 3.SERVICE OF PETITION ON PROTECTED PERSON BY PETITIONER. a. Proof of service of the petition on the protected person is not requiredbecause the petitioner is the protected person. b. The petitioner served the petition on the protected person or the protected. c. Proof of service of the petition on the protected person by the petitioner isnot required because service would cause an immediate threat of harm tothe pro [AS 13.26.450(a)] 4.QUALIFIED PROTECTED PERSON.The protected person is qualified for protection against financial abuse because: The protected person is an adult who cannot effectively manage his or her property and affairs, and who has property that will be wasted or dissipated unless proper management is provided. [AS 13.26.401(2)] The protected person is a child under age 18 who qualifies for pr otection under AS 13.26.401(1). 5.PROBABLE CAUSE.a.There is probable cause to believe that the respondent is financially defraudingthe protected person as follows: 1. Robbery, extortion, coercion under AS 11.41.500 to AS 11.41.530. 2. Offenses against property under AS 11.46.100 to AS 11.46.740. 3. gain, where there is no significant benefit to the protected person. [AS 13.26.450(a); AS 13.26.595(1)-(3)] b.Due to the financial defrauding identified above, there has been or is another property. [AS 13.26.450(a)] 6.OTHER FINDINGS. American LegalNet, Inc. www.FormsWorkFlow.com AS 13.26.450 Page 3 of 4 PG-810 ()(cs) 20-DAY EX PARTE ORDER OF PROTECTION FROM FINANCIAL ABUSE E. ORDER The request for a 20-day ex parte protective order is GRANTED, and IT IS ORDERED: 1. The respondent shall have no direct or indirect contact with the protected person petitioner (if different). [AS 13.26.450(b)(3)] Exceptions: 2. The power of attorney dated and currently held by is cancelled changed as follows: [AS 13.26.450(b)(2)] 3. The respondent shall not do anything with the funds or other property of the protected person. [AS 13.26.450(b)(4)] 4. The respondent shall not do the following things with the funds or other property of the protected person. [AS 13.26.450(b)(4)] 5. Other protections (AS 13.26.435): 6. This order and the petition will be served on the respondent by DPS officer certified mail pursuant to Civil Rule 4 This order and the petition will NOT be served on the respondent because the respondent is an unknown individual/business/organization. 7.This order will be served on the protected person by hand-delivery at the court DPS officer first class mail American LegalNet, Inc. www.FormsWorkFlow.com AS 13.26.450 Page 4 of 4 PG-810 ()(cs)20-DAY EX PARTE ORDER OF PROTECTION FROM FINANCIAL ABUSE F. NOTICES 1.Respondent and protected person have the right to appear and be heard if a long- term protective order is requested and a hearing is held. 2.Respondent: The court may issue a long-term order against you at the long-term hearing even if you do not participate in the hearing. 3.All Parties (Respondent, Protected Person, and Petitioner): a.While this order is in effect, any party may ask the court to extend, change, or endthis order. A form for making this request (PG-835) is available online at theb.While this order is in effect, the parties must tell the court in writing about anychanges in addresses or telephone numbers. If you do not tell the court yourcurrent address, this order may be changed or ended without your input. Fromnow on, all parties may be notified of future actions in this case by first class mail. Certificate of Distribution: I certify that on a copy of this order was distributed to: Petitioner (who is not also the protected person) by first class mail by hand-delivery at the court Protected person per order with petition Respondent per order with petition Local Police at for entry into APSIN Other By Clerk: Recommended for approval by: Ordered by: Standing Master Date Superior Court Judge Date American LegalNet, Inc. www.FormsWorkFlow.com