           CHAPTER 1950. ACTIONS PURSUANT TO THE PROTECTION
            OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT

Rule 1951. Definitions


As used in this chapter:

       the Act — Act of Mar. 21, 2014, P.L. 365, No. 25 relating to the protection of
victims of sexual violence or intimidation, 42 Pa.C.S. §§ 62A01 - 62A20.

      action — a proceeding for protection from sexual violence or intimidation as
defined in § 62A03 of the Act.

       court — the court of common pleas.

        emergency order — an order entered by a hearing officer, who is a person
satisfying the definition set forth in 42 Pa.C.S. § 62A03.

       fees — any fees or costs, including but not limited to the filing, issuance,
registration, service or appeal of a protection action under the Act, including any foreign
protection order.

      temporary order or temporary protection order — an ex parte order entered by
the court pursuant to 42 Pa.C.S. § 62A06(b).

       plaintiff — an individual who applies for a protection order, either for the benefit of
that individual or on behalf of another individual.

       protection order or order — an order issued under the Act.

Rule 1952. Venue

      (a)      An action for protection of victims of sexual violence or intimidation may
be brought in a county where:
              (1)    the plaintiff resides, either temporarily or permanently;
              (2)    the plaintiff is employed;
              (3)    the defendant may be served; or
              (4)    the sexual violence or intimidation occurred.

        (b) An action for indirect criminal contempt may be filed in, and heard by, the
court in the county where the order was issued or the violation occurred.
Rule 1953. Commencement of Action

        (a)     Except as provided in subdivision (b), an action shall be commenced by
filing with the prothonotary a petition alleging the need for protection from the defendant
with respect to sexual violence or intimidation. The petition shall be identical in content
to the form set forth in Pa.R.C.P. No. 1959(b) and shall have the Notice of Hearing and
Order set forth in Pa.R.C.P. No. 1959(a) as the first page(s).

       (b)   If an emergency order has been entered pursuant to 42 Pa.C.S. § 62A09,
an action shall be commenced by filing with the prothonotary the certified emergency
order and any documentation in support.

       (c)    Any fees associated with this action shall not be charged to the plaintiff.

Rule 1954. Service of Original Process. Registration of Order. Service of Petition
and Order. Fees

       (a)    Service of the petition or certified emergency order, the notice and order
scheduling the hearing and any temporary order in a protection of victims of sexual
violence and intimidation action shall be in accordance with Pa.R.C.P. No. 1930.4 and
consistent with the rules for service in protection from abuse matters.

      (b)     An Affidavit of Service, substantially in the form set forth in Pa.R.C.P. No.
1959(d), shall be filed with the prothonotary.

      (c)    Within 24 hours of entry of a protection order under the Act, the
prothonotary shall transmit a copy of the order to the Pennsylvania State Police
Statewide Registry in the manner prescribed by the Pennsylvania State Police.

       (d)    If a petition alleges an act of sexual violence perpetrated on a minor child,
the prothonotary shall serve a copy of the petition and any protection order entered
under the Act to the Department of Human Services of the Commonwealth and the
county children and youth social service agency in the jurisdiction where the order was
entered.

        (e)    Within two business days of any protection order under the Act being
entered, the prothonotary shall serve a copy of the order to the police department,
sheriff and district attorney in the jurisdiction where the order was entered.

       (f)    No fee shall be charged to the plaintiff for service of any protection order
or pleading or for the registration, filing and service of any foreign protection order.



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Rule 1955. Enforcement

        A plaintiff may file a private criminal complaint against a defendant alleging
indirect criminal contempt for a violation of any provision of a protection order or
agreement with the court, the Office of the District Attorney or the magisterial district
judge in the jurisdiction or county where the violation occurred. However, in a county of
the first class, a complaint may be filed only with the Family Division of the Court of
Common Pleas or the Office of the District Attorney.

Note: See 42 Pa.C.S. § 62A13.

Rule 1956. No responsive pleading required

       No pleading need be filed in response to the petition or the certified emergency
order. All averments not admitted shall be deemed denied.

Rule 1957. Decision. Post-trial relief

       (a)    The decision of the court may consist of only general findings of sexual
violence and/or intimidation, but shall dispose of all claims for relief. The court’s final
order shall be rendered identical in content to the form set forth in Pa.R.C.P. No.
1959(e).

       (b)    No motion for post-trial relief may be filed to the final order.

Rule 1958. Discontinuance or Modification

       (a)    In cases in which a temporary protection order has not yet been granted
or has been denied, a plaintiff in a protection of victims of sexual violence or intimidation
action, who wishes to discontinue the action, may file a praecipe to discontinue,
pursuant to Pa.R.C.P. No. 229, prior to the final order hearing. The plaintiff also may
request the discontinuance by oral motion at a hearing.

        (b)    In cases in which a temporary protection order has been granted, a
plaintiff who wishes to vacate the temporary order and discontinue the action shall
either file a petition with the court prior to the final order hearing or make the request by
oral motion at the final order hearing.

       (c)    If either party seeks a modification after a final protection order has been
entered, the party shall petition the court to modify the final order. Modification may be
ordered after the filing and service of the petition and a hearing on the petition pursuant
to 42 Pa.C.S. § 62A17.


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Rule 1959. Forms for Use in Protection of Victims of Sexual Violence or
Intimidation Actions. Notice and Hearing. Petition. Temporary Protection Order.
Final Protection Order

       (a)     The Notice of Hearing and Order required by Pa.R.C.P. No. 1953 shall be
identical in content to the following form:

                                         (Caption)

                          NOTICE OF HEARING AND ORDER

         YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled herein. If you
fail to appear, the case may proceed against you and a FINAL order may be entered
against you granting the relief requested in the petition.

      A hearing on the matter is scheduled for the ______ day of ________, 20__ at
____ _.m. in Courtroom __________ at _____________________Courthouse,
_________________, Pennsylvania.

        If a temporary protection order has been entered, you MUST obey the order until
it is modified or terminated by the court after notice and a hearing. If you disobey that
order, the police or sheriff may arrest you. A violation of this order may subject you to a
charge of indirect criminal contempt. A violation may also subject you to prosecution
and criminal penalties under the Pennsylvania Crimes Code. Under 18 U.S.C. § 2265,
an order entered by the court may be enforceable in all fifty (50) States, the District of
Columbia, Tribal Lands, U.S. Territories and the Commonwealth of Puerto Rico. If you
travel outside of the state and intentionally violate this order, you may be subject to
federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2262.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER IMMEDIATELY. YOU HAVE
THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE
COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT
HAVE A LAWYER, GO TO OR CALL THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU
CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.

                             County Lawyer Referral Service
                                (insert Street Address)


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                                (insert City, State, and ZIP)
                                   (insert Phone Number)

                    AMERICANS WITH DISABILITIES ACT OF 1990

       The Court of Common Pleas of ______________County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available to disabled individuals
having business before the court, please contact our office. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.

BY THE COURT:
______________________________________
Judge
______________________________________
Date

      (b)     The petition in an action filed pursuant to the Act shall be identical in
content to the following form:

                                         (Caption)

                     PETITION FOR PROTECTION OF VICTIMS OF
                                SEXUAL VIOLENCE
                                SEXUAL VIOLENCE AGAINST A MINOR CHILD
                                INTIMIDATION

1.   Plaintiff:
_____________________________________________________________________
     First      Middle          Last Name

Plaintiff’s Address: ______________________________________________________

   Plaintiff’s address is confidential pursuant to 42 Pa.C.S. § 62A11.

Plaintiff’s Date of Birth: _______________________________________________

I am filing this petition on behalf of myself or  another person.
If you checked “myself,” please answer all questions referring to yourself as “Plaintiff.” If
you checked “another person,” please answer all questions referring to that person as
“Plaintiff,” and provide your name and address below.


                                              5
Name: __________________________________________________________

Address: _________________________________________________________

If you checked “another person,” indicate your relationship to the plaintiff:

_____________________________________________________________________

2.     Defendant:

________________________________                                DEFENDANT IDENTIFIERS
                                                   DOB                   HEIGHT
First Middle    Last Name                          SEX                   WEIGHT
                                                   RACE                  EYES
Defendant’s Address:                               HAIR
                                                   SSN
________________________________                   DRIVERS
________________________________                   LICENSE #
                                                   EXP DATE                STATE


3.     Name(s) of other designated person(s) under 42 Pa.C.S. § 62A07(b)(1):

____________________________________________________________________

4.      Is there a relationship between Plaintiff and Defendant? ________. If yes, what
is the relationship?
_____________________________________________________________________

5.     Have Plaintiff and Defendant been involved in any other legal proceedings? If
so, state when and where the case was filed and the court docket number, if known:
_____________________________________________________________________
_____________________________________________________________________

6. Has Defendant been involved in any criminal proceedings?
______________________________________________________________________

If you answered Yes, is Defendant currently on probation or parole?
_____________________________________________________________________

7.     (a)    The facts of the most recent incident of sexual violence are as follows:

Approximate Date: ____________________________________________________

Approximate Time: ____________________________________________________


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Place: ________________________________________________________________

Describe in detail what happened, including any physical or sexual abuse, threats,
injury, incidents of stalking, medical treatment sought, and/or calls to law enforcement
(attach additional sheets of paper if necessary):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

      (b)    The facts of the most recent incident of intimidation are as follows:

Approximate Date: ______________________________________________________

Approximate Time: ______________________________________________________

Place: ________________________________________________________________

Describe in detail what happened, including medical treatment sought, and/or calls to
law enforcement (attach additional sheets of paper if necessary):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

8.       If Defendant has committed prior acts of sexual violence or intimidation against
Plaintiff, describe these prior incidents, and indicate approximately when such acts
occurred (attach additional sheets of paper if necessary):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

9.     Identify the sheriff, police department, or other law enforcement agency in the
area in which Plaintiff lives that should be provided with a copy of the protection order:
______________________________________________________________________

10.    Is there an immediate and present danger for further acts of sexual violence or
intimidation from Defendant against Plaintiff? If so, please describe:
______________________________________________________________________

FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER AND, AFTER A HEARING, A FINAL ORDER THAT WOULD
INCLUDE ALL OF THE FOLLOWING RELIEF (CHECK ALL FORMS OF RELIEF
REQUESTED):


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   A. Restrain Defendant from having any contact with the victim, including, but not
limited to, entering the victim’s residence, place of employment, business, or school.

   B. Prohibit indirect contact through third parties.

   C. Prohibit direct or indirect contact with other designated persons.

   D. Order Defendant to pay the fees of this action.

  E. Order the following additional relief, not listed above:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

    F. Grant such other relief as the court deems appropriate, including, but not limited
to, issuing an order under 42 Pa.C.S. § 62A11(b) related to the non-disclosure of the
victim's address, telephone number, whereabouts or other demographic information.

   G. Order the police, sheriff or other law enforcement agency to serve the Defendant
with a copy of this petition, any order issued, and the order for the hearing. Plaintiff will
inform the designated authority of any addresses, other than Defendant’s residence,
where Defendant can be served.

                                      VERIFICATION

       I verify that the statements made in this petition are true and correct to the best of
my knowledge. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

_____________________________________________________________________
Signature
_____________________________________________________________________
Date

        (c)    The Temporary Order of Court, or any continued, amended or modified
Temporary Order of Court, entered pursuant to the Act shall be identical in content to
the following form:




                                              8
                                          (Caption)

               TEMPORARY ORDER FOR PROTECTION OF VICTIMS OF
                            SEXUAL VIOLENCE
                            SEXUAL VIOLENCE AGAINST A MINOR CHILD
                            INTIMIDATION


Plaintiff: _______________________________________________________________
               First      Middle    Last Name

Plaintiff’s address: _______________________________________________________

     Plaintiff’s address is confidential pursuant to 42 Pa.C.S. § 62A11.

Defendant:

________________________________                                 DEFENDANT IDENTIFIERS
                                                    DOB                   HEIGHT
First Middle    Last Name                           SEX                   WEIGHT
                                                    RACE                  EYES
Defendant’s Address:                                HAIR
                                                    SSN
________________________________                    DRIVERS
________________________________                    LICENSE #
                                                    EXP DATE                STATE


       AND NOW, this ____________ day of ______________, 20__, upon
consideration of the attached Petition for Protection of Victims of Sexual Violence or
Intimidation, the court hereby enters the following Temporary Order:

     Plaintiff’s request for a Temporary Protection Order is denied.

     Plaintiff’s request for a Temporary Protection Order is granted.

1.   The following person is protected under this order:
______________________________________________________________________

2.       Defendant is:

   A. Restrained from having any contact with the victim, including, but not limited to,
entering the victim’s residence, place of employment, business, or school.

     B. Prohibited from indirect contact with the victim through third parties.


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  C. Prohibited from direct or indirect contact with the following designated persons:
____________________________________________________________________

  3. Additional relief, including, but not limited to, issuing an order under 42 Pa.C.S. §
62A11(b) related to the non-disclosure of the victim's address, telephone number,
whereabouts or other demographic information:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

  4. A certified copy of this order shall be provided to the sheriff or police department
where Plaintiff resides and any other agency specified (insert name of agency):
_______________________________________________________________

  5. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION OF VICTIMS OF
SEXUAL VIOLENCE OR INTIMIDATION ORDER OBTAINED BY THE SAME
PLAINTIFF AGAINST THE SAME DEFENDANT.

6.   THIS ORDER APPLIES IMMEDIATELY TO THE DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL __________________ (insert expiration date) OR UNTIL
OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND A
HEARING.

                            NOTICE TO THE DEFENDANT

        Defendant is hereby notified that violation of this order may result in arrest for
indirect criminal contempt. Under 18 U.S.C. § 2265, an order entered by the court may
be enforceable in all fifty (50) States, the District of Columbia, Tribal Lands, U.S.
Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and
intentionally violate this order, you may be subject to federal criminal proceedings under
the Violence Against Women Act, 18 U.S.C. § 2262. Consent of Plaintiff shall not
invalidate this order, which can only be changed or modified through the filing of
appropriate court papers for that purpose. 42 Pa.C.S. § 62A17. Defendant is further
notified that violation of this order may subject him/her to prosecution and criminal
penalties under the Pennsylvania Crimes Code.

       NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS

       The police department and sheriff who have jurisdiction over Plaintiff’s residence,
the location where a violation of this order occurs, or where Defendant may be located,
shall enforce this order. The court shall have jurisdiction over any indirect criminal
contempt proceeding, either in the county where the violation occurred or where this

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protective order was entered. An arrest for violation of paragraphs 2 and 3 of this order
may be without warrant, based solely on probable cause, whether or not the violation is
committed in the presence of the police or any sheriff. 42 Pa.C.S. § 62A12.

       When Defendant is placed under arrest for violation of the order, Defendant shall
be taken to the appropriate authority or authorities before whom Defendant is to be
arraigned. A ‘‘Complaint for Indirect Criminal Contempt’’ shall then be completed and
signed by the police officer, sheriff or Plaintiff. Plaintiff’s presence and signature are not
required to file the complaint.

       If sufficient grounds for violation of this order are alleged: (1) Defendant shall be
arraigned; (2) bond set, if appropriate; and (3) both parties shall be given notice of the
date of the hearing.

BY THE COURT:

______________________________________
Judge
______________________________________
Date

      (d)      The form of the Affidavit of Service in a proceeding under the Act shall be
substantially in the following form:

                                          (Caption)

                                 AFFIDAVIT OF SERVICE

        I, _____________________________________, the undersigned, hereby state
that I served a copy of the Notice of Hearing and Order, Petition and Temporary Order
in the above-captioned action upon Defendant by handing the papers to
______________________________________________________________________

at the following address:
______________________________________________________________________

on the ____ day of ________________, 20__, at approximately _________ o’clock _.m.

      I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.




                                             11
§ 4904, relating to unsworn falsification to authorities.

_______________________________________________________
(Signature)
_______________________________________________________
(Title)
_______________________________________________________
(Address)
_______________________________________________________
(Date)

THIS FORM MUST BE COMPLETED AND SIGNED BY THE PERSON WHO SERVES
THE DEFENDANT WITH THE NOTICE OF HEARING AND ORDER, PETITION AND
TEMPORARY ORDER. IT MUST BE FILED WITH THE PROTHONOTARY OR
BROUGHT TO THE COURT ON THE HEARING DATE.

      (e)    The Final Order of Court, or any amended, modified or extended Final
Order of Court, entered pursuant to the Act shall be identical in content to the following
form:

                                          (Caption)

                  FINAL ORDER FOR PROTECTION OF VICTIMS OF
                              SEXUAL VIOLENCE
                              SEXUAL VIOLENCE AGAINST A MINOR CHILD
                              INTIMIDATION

Plaintiff: _______________________________________________________________
               First      Middle    Last Name

Plaintiff’s address: _______________________________________________________

   Plaintiff’s address is confidential pursuant to 42 Pa.C.S. § 62A11.

Defendant:

________________________________                               DEFENDANT IDENTIFIERS
                                                   DOB                  HEIGHT
First Middle    Last Name                          SEX                  WEIGHT
                                                   RACE                 EYES
Defendant’s Address:                               HAIR
                                                   SSN
________________________________                   DRIVERS
________________________________                   LICENSE #
                                                   EXP DATE               STATE


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       The court hereby finds that it has jurisdiction over the parties and the subject
matter and that Defendant has been provided with reasonable notice and opportunity to
be heard.

       Defendant was served in accordance with Pa.R.C.P. No. 1954(a) and provided
notice of the time, date and location of the hearing scheduled in this matter.

Order Effective Date: _________________ Order Expiration Date: ________________


       AND NOW, this ____________ day of ______________, 20__, upon
consideration of the attached Petition for Protection of Victims of Sexual Violence or
Intimidation, the court hereby enters the following Final Order:

It is ORDERED, ADJUDGED AND DECREED as follows:

      This order is entered (check one)    by agreement;        by agreement without an
admission;    after a hearing and decision by the court;     after a hearing at which
Defendant was not present, despite proper service being made;         by default. Without
regard as to how the order was entered, this is a final order of court subject to full
enforcement pursuant to the Protection of Victims of Sexual Violence or Intimidation
Act.

     Plaintiff’s request for a final protection order is denied.

     OR

     Plaintiff’s request for a final protection order is granted.

1.   The following person is protected under this order:
______________________________________________________________________

2.        Defendant is:

   A. Restrained from having any contact with the victim, including, but not limited to,
entering the victim’s residence, place of employment, business or school.

     B. Prohibited from indirect contact with the victim through third parties.

  C. Prohibited from direct or indirect contact with the following designated persons:
____________________________________________________________________


                                                13
  D. Ordered to pay the fees of this action.

   3. Additional relief, including, but not limited to, issuing an order under 42 Pa.C.S. §
62A11(b) related to the non-disclosure of the victim's address, telephone number,
whereabouts or other demographic information:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

    4. Because this order followed a contested proceeding, or a hearing at which
Defendant was not present, despite being served with a copy of the petition, temporary
order and notice of the date, time and place of the hearing, Defendant is ordered to pay
an additional $100 surcharge to the court, which shall be distributed in the manner set
forth in 42 Pa.C.S. § 62A05(c.1).

   5. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION OF VICTIMS OF
SEXUAL VIOLENCE OR INTIMIDATION ORDER OBTAINED BY THE SAME
PLAINTIFF AGAINST THE SAME DEFENDANT.

                             NOTICE TO THE DEFENDANT

        Defendant is hereby notified that violation of this order may result in arrest for
indirect criminal contempt. Under 18 U.S.C. § 2265, an order entered by the court may
be enforceable in all fifty (50) States, the District of Columbia, Tribal Lands, U.S.
Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and
intentionally violate this order, you may be subject to federal criminal proceedings under
the Violence Against Women Act, 18 U.S.C. § 2262. Consent of Plaintiff shall not
invalidate this order, which can only be changed or modified through the filing of
appropriate court papers for that purpose. 42 Pa.C.S. § 62A17. Defendant is further
notified that violation of this order may subject him/her to prosecution and criminal
penalties under the Pennsylvania Crimes Code.

       NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS

       The police department and sheriff who have jurisdiction over Plaintiff’s residence,
the location where a violation of this order occurs, or where Defendant may be located,
shall enforce this order. The court shall have jurisdiction over any indirect criminal
contempt proceeding, either in the county where the violation occurred or where this
protective order was entered. An arrest for violation of paragraphs 2 and 3 of this order
may be without warrant, based solely on probable cause, whether or not the violation is
committed in the presence of the police or any sheriff. 42 Pa.C.S. § 62A12.


                                            14
       When Defendant is placed under arrest for violation of the order, Defendant shall
be taken to the appropriate authority or authorities before whom Defendant is to be
arraigned. A ‘‘Complaint for Indirect Criminal Contempt’’ shall then be completed and
signed by the police officer, sheriff or Plaintiff. Plaintiff’s presence and signature are not
required to file the complaint.

       If sufficient grounds for violation of this order are alleged: (1) Defendant shall be
arraigned; (2) bond set, if appropriate; and (3) both parties shall be given notice of the
date of the hearing.

BY THE COURT:

_________________________________________
Judge

_________________________________________
Date

If a Final Order of Court is entered pursuant to the consent of the plaintiff and the
defendant, both shall sign the order along with their counsel, if any:


______________________________             ______________________________
(Plaintiff’s signature)                    (Defendant’s signature)


______________________________             ______________________________
(Plaintiff’s attorney’s signature)         (Defendant’s attorney’s signature)


Note: Pa.R.C.P. No. 1959(a), (b), (c), and (e) utilize the phrase “shall be identical in
content” in reference to the form documents provided under those subparagraphs,
which include the Notice of Hearing, the Petition for Protection of Victims of Sexual
Violence or Intimidation, the Temporary Order, and the Final Order. In using “shall be
identical in content” rather than the more usual phrase “shall be substantially in the
following form,” the intent of the rule is to ensure only the relevant information and relief
authorized under the Act is incorporated into any third-party generated form document
while allowing for stylistic differences as to format and layout.




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