Civil protection orders are legal tools designed to offer protection to individuals who are facing threats or harm from another person. These orders can be crucial in safeguarding your well-being and ensuring your safety. If you find yourself in a situation where you need legal protection due to abuse, sexual violence, or intimidation, understanding how to obtain a civil protection order and what to expect from the process is essential.
Types of Civil Protection Orders
There are three main categories of civil protection orders: protection from abuse, sexual violence protection, and protection from intimidation.
- Protection from Abuse Orders: These orders are available for individuals who are victims of domestic violence or abuse. If you are in an intimate relationship or family member has physically or sexually assaulted you, you may qualify for this type of order. The key to obtaining this protection is providing a detailed account of the abuse, including any immediate danger you face and any past incidents that contribute to your belief of ongoing risk.
- Sexual Violence Protection Orders: If you have been sexually assaulted by someone who is not a current or former partner or family member, a sexual violence protection order may be appropriate. This order is meant to protect victims from further harm by the perpetrator. Like the protection from abuse order, you must provide detailed information about the incident and why you believe you are at risk.
- Protection from Intimidation Orders: These orders are designed to protect children under 18 who are being harassed or intimidated by someone 18 or older. As a parent or guardian, you can request this order on behalf of your child. Providing detailed information about the intimidation or harassment is crucial in obtaining this type of protection.
How to Obtain a Civil Protection Order
The process for obtaining a civil protection order involves several steps:
- Seek Assistance: Contact a local domestic violence or sexual assault center for support. These centers can provide immediate assistance and help you understand your options. You can find the nearest center through the Pennsylvania Coalition Against Domestic Violence or the Pennsylvania Coalition Against Rape websites.
- Complete the Paperwork: The necessary paperwork for a civil protection order can be obtained from the domestic violence or sexual assault center, the courthouse, or the prothonotary office. These locations will assist you in filling out the required forms. In some counties, victim witness support is available to help you during this process.
- File Your Petition: Once the paperwork is completed, file your petition for a protection order at the courthouse. There is no fee for filing, which ensures that financial constraints do not prevent you from seeking protection.
- Attend a Hearing: After filing, law enforcement will serve the defendant with the protection order paperwork. A final hearing will be scheduled within 5 to 10 business days. During this hearing, you will need to present your case and convince the judge that you are a victim and that the defendant continues to pose a threat to your safety. An attorney from legal services or a domestic violence program may represent you, and an advocate may be present to support you during the hearing.
What to Expect During the Hearing
At the hearing, the judge will review the evidence and listen to your account of the abuse, sexual violence, or intimidation. The defendant will also have the opportunity to present their side of the story. The presence of the sheriff’s department ensures your safety during the hearing. The judge will then decide whether to grant the protection order, which can last up to three years. If the situation does not improve or if you continue to face danger from the same person, you can request an extension of the order.
Enforcement and Violations
Once a civil protection order is granted, it is essential to understand the enforcement and consequences of violations. The defendant is legally prohibited from contacting you, your children, or anyone else protected by the order. This prohibition includes direct contact, as well as indirect contact through others or via electronic means such as social media and text messages.
If the defendant violates the protection order, you should contact the police immediately. Violations can result in criminal charges, with penalties including up to six months in jail and fines ranging from $300 to $1,000. The protection order remains in effect regardless of any legal action taken against the defendant.
Seeking Help and Further Support
If you need immediate protection outside of regular business hours, contact local municipal police or the Pennsylvania State Police. They can assist you in obtaining an order through a magisterial district judge, ensuring you receive the protection you need when you need it most.
Civil protection orders are a powerful legal tool designed to keep you safe from harm. By understanding how to obtain these orders and what to expect from the process, you can take proactive steps to protect yourself and your loved ones from further abuse or intimidation.