Protection From Sexual Violence and Intimidation Act Now in Effect
A new law, the Protection From Sexual Violence and Intimidation Act, went into effect in Pennsyvania on July 1, 2015. The new law offers additional protections to victims of sexual violence and intimidation who may not fall under the coverage of Pennsylvania's Protection From Abuse Act.
The Protection From Sexual Violence and Intimidation (PSVI) Act applies to adults and minors who are victims of sexual violence, harassment, stalking, and intimidation when the person who is abusing them is not a member of their family or household.
The Act allows victims to file a petition for a court order that requires the offender to stay away from them, regardless of whether the victim decides to seek criminal prosecution. There are two types of protective orders available. Adults and minors can petition for a Sexual Violence Protection Order against someone who has no family or personal relationship to the victim. A Protection From Intimidation Order is available to protect minors when the offender is age 18 or older and is stalking or harassing the victim.
The process for obtaining a protective order under the PSVI Act is very similar to the process for obtaining a Protection From Abuse order. A plaintiff files, at no cost, a petition for a Sexual Violence Protection or Protection From Intimidation order at the prothonotary's office. The court then holds an ex-parte hearing to determine whether there is cause to grant a temporary order. A final hearing must be held within 10 business days of the petition being filed.
Also similar to the Protection From Abuse Act, an Emergency Order under the PSVI Act may be obtained from a hearing officer or magisterial district justice if the court of common pleas is unavailable. The Emergency Order expires at the end of the next business day when the request for a temporary Order must be presented to the court.
Either type of order, Sexual Violence Protection Order or a Protection From Intimidation Order, can be entered by the court for up to three years.