STOP Technical Assistance Bulletin
Protection from Sexual Violence or
Intimidation Act
42 Pa. C.S. §§ 62A01 - 62A20
Protection from Sexual Violence or Intimidation Act
The Protection of Victims of Sexual Violence or Intimidation (PSVI) Act takes effect on July 1, 2015. The
PSVI Act provides victims of sexual violence or intimidation a civil remedy that requires the offender to stay
away from the victim regardless of whether the victim seeks criminal prosecution. Although the PSVI Act was
modeled closely on the Protection From Abuse (PFA) Act, there are no relationship requirements or firearms
relinquishment provisions in the PSVI Act. (Read the full text of the Act at
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=62A.)
PSVI Act vs. PFA Act
Both the PSVI Act and the PFA Act use the same definition for “family and household member:”
Spouses or persons who have been spouses, persons living as spouses or who lived as
spouses, parents and children, other persons related by consanguinity or affinity, current or
former sexual or intimate partners or persons who share biological parenthood.1
The PSVI Act applies only to victims who DO NOT have any of the relationships defined above. The PFA Act
applies to victims who DO have the relationships defined within “family or household member.” For example,
a victim who is sexually assaulted by a coworker, and who has no other relationship with the perpetrator,
qualifies for relief under the PSVI Act and not the PFA Act.
Unlike the PFA Act, there are two separate protection orders available under the PSVI Act: Sexual Violence
Protection Orders (SVP) for victims of sexual violence and Protection from Intimidation Orders (PFI) for minor
victims of intimidation. Adults and minors are eligible to petition for a SVP order. However, only minors are
eligible for a PFI order, and the defendant must be age 18 or older.
The relief available to plaintiffs under the PSVI Act is limited to two options that plaintiffs may request when
obtaining either a SVP or PFI order:
1. “No contact” against a defendant which includes, but is not limited to, restraining a defendant from
entering plaintiff’s residence, place of employment, business or school as well as prohibiting indirect
contact through third parties;
2. Any other appropriate relief sought by the plaintiff.
The orders can remain in effect for up to three years like orders issued under the PFA Act.
Definitions of “Sexual Violence” and “Intimidation”
The PSVI Act defines sexual violence as conduct between persons who are not family or household members
that constitutes one of the following crimes:
• Corruption of minors4
• Sexual offenses2
• Sexual abuse of children5
• Endangering the welfare of children if the
• Unlawful contact with minor6
offense involved sexual contact with the
• Sexual exploitation of children7
victim3
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Intimidation is defined as conduct constituting a crime between persons who are not family or household
members under either of the following statutes:
• Harassment8 or Stalking9
• Committed by a person 18 years or older against a person under 18 years
Intimidation under the PSVI Act can be described as harassment or stalking of a minor by an adult, when
there is no family, dating, intimate or household relationship between them. For example, a minor is
potentially eligible for an order protecting her or him from an adult, like a coach or an adult friend of the
family, who is engaging in stalking or harassing behaviors toward the minor. See page 4 for more
information.
SVP/ PFI Order Process
The process for obtaining SVP and PFI orders is similar to the process for obtaining a PFA order. A plaintiff
files, at no cost, a petition for a SVP or PFI order at the prothonotary’s office. Adults file a petition for their
own SVP orders but minors must have an adult file a petition on their behalf for a SVP or PFI order.
Based on the filing of a petition, the court holds an ex parte hearing to determine whether a temporary order
is granted. A final hearing must be held within 10 business days of the petition being filed. The sheriff’s
office or other designated agency/individual will serve the defendant with copies of the petitions and orders.
The process for obtaining an emergency order under the PSVI Act is also similar to the process found in the
PFA Act. When the Court of Common Pleas is unavailable, a hearing officer/magisterial district justice can
grant an emergency order that expires at the end of the next business day the court is available. Any
emergency order issued shall be immediately certified to the Court of Common Pleas and have the effect of
commencing the proceedings.
PFAD Will Contain PSVP and PFI Orders
Courts, sexual violence programs or law enforcement agencies will create and manage petitions and orders
for SVP and PFI matters in the Protection From Abuse Database (PFAD). Forms for SVP and PFI orders
will be available in PFAD on July 1, 2015. If you are already a PFAD user, you will be able to access
SVP/PFI forms and orders. If you are not a PFAD user and need access to PFAD to create or enforce
SVP/PFI petitions and orders, then you must request a PFAD account online.
Violations – Criminal and Civil Contempt
Although SVP and PFI orders are civil in nature, like PFA orders, violating them can have criminal
consequences. If a violation of a SVP or PFI order is reported, law enforcement may arrest a defendant for
Indirect Criminal Contempt (ICC) of an order. The arrest may be made without a warrant upon probable
cause, whether or not an officer witnesses the violation.
Like criminal violations of a PFA, hearings on an ICC violation shall be scheduled within 10 business days
of an officer filing the charge or complaint. Sentencing for an ICC conviction may include a fine of up to
$1,000, but no less than $300, and up to six months either in prison or under supervised probation. Upon an
ICC conviction, and at the request of plaintiff, the court shall extend the order. Plaintiffs may also file a
private criminal complaint for a violation of any provision of the order.
The PSVI Act provides plaintiffs with additional remedies. Plaintiffs can file a petition for civil contempt
alleging a violation of any provision of the order. Upon finding a defendant in civil contempt, a court may
order a prison term of no more than six months until the defendant complies with the order.
Extensions
Plaintiffs may petition for an extension of their order. Defendants must be provided with notice and a hearing
before an extension is granted. Courts may grant an extension if they find the defendant engaged in one or
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more acts or find other circumstances that demonstrate continued risk of harm to plaintiff. Plaintiffs can also
request an extension if defendant’s release from incarceration is recent or imminent (within 90 days). There
is no limitation on the number of extensions that may be granted.
Court Personnel
The PSVI Act assigns court personnel a critical role in the SVP/PFI process. By providing simplified forms
as well as clerical assistance in both English and Spanish for individuals writing and filing petitions, court
personnel can ensure completeness of records for the court’s review. Court personnel will also provide
plaintiffs with written and oral referrals, in English and Spanish, to local sexual assault and legal services
offices, and to the county bar association so plaintiffs can access supportive community and legal services.
Confidentiality
The PSVI Act not only provides a civil remedy for victims of sexual assault or intimidation, but also
provides those individuals with legal protections during the process.
Victims of sexual violence often seek the advice, counseling and assistance of a sexual assault
counselor/advocate. The PSVI statute makes such communications with a sexual assault counselor
confidential and privileged. The PSVI Act also allows a sexual assault advocate to accompany a victim to
court when it relates to sexual violence. In accordance with the PSVI Act, the address of any plaintiff may
also be kept confidential in pleadings and in court upon a court order. However, the address of a rape crisis
center shall always be kept confidential.
Conclusion
A SVP or PFI order can be granted only to protect a plaintiff against a defendant between whom there are no
family, dating, intimate or household relationships. These are civil “no contact” orders to keep the defendant
away from the plaintiff. Civil protection orders allow victims to ask for “no contact” as well as “any other
relief” tailored to fit their situations. Criminal charges may also be filed but often the district attorney – not
the victim – decides whether the criminal court is involved. Many provisions of the PSVI Act mirror the PFA
Act, such as violations, extensions, confidentiality and the critical role of court personnel. Note that there are
no firearm relinquishment provisions in the PSVI Act, and SVP and PFI orders do not trigger state or
firearms prohibitions.
Endnotes
1
42 Pa.C.S. § 62A03.
2
18 Pa. C.S. Ch. 31 except sections 3129 and 3130 (i.e., except offenses under this chapter relating to sexual intercourse with
animals and conduct relating to sex offenders)
3
18 Pa. C.S. § 4304.
4
18 Pa. C.S. §6301(a)(1)(ii).
5
18 Pa. C.S. § 6312(b).
6
18 Pa. C.S. § 6318.
7
18 Pa. C.S. § 6320.
8
18 Pa. C.S. § 2709 (A)(4), (5), (6), or (7).
9
18 Pa. C.S. §2709.1.
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Protection from Intimidation Orders: Relief for Minors from Intimidation,
Harassment or Stalking by Adults
Intimidation under the PSVI Act can be described as harassment or stalking of a minor by an adult, when
there is no family, dating, intimate or household relationship between them. For example, minors are
potentially eligible for an order protecting them from an adult, like a coach or an adult friend of the family,
who is stalking or harassing the minor. Remember: An adult must petition for the Protection From
Intimidation order on the minor’s behalf. This petitioner could be a parent or guardian.
The PSVI Statute defines “Intimidation” as:
Conduct constituting a crime under either of the following provisions between persons who are not
family or household members:
18 Pa.C.S. § 2709(a)(4), (5), (6) or (7) (relating to harassment) where the conduct is committed
by a person 18 years of age or older against a person under 18 years of age.
18 Pa.C.S. § 2709.1 (relating to stalking) where the conduct is committed by a person 18 years of
age or older against a person under 18 years of age.
42 Pa. C.S. § 62A03 “Definitions”
The PSVI Act refers to parts of the Pennsylvania Crimes Code for the definitions of harassment and
stalking:
*Harassment (18 Pa.C.S. § 2709(a)(4), (5), (6) or (7))
A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(4) communicates to or about such other person any lewd, lascivious, threatening or obscene words,
language, drawings or caricatures;
(5) communicates repeatedly in an anonymous manner;
(6) communicates repeatedly at extremely inconvenient hours; or
(7) communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6)
**Stalking (18 Pa.C.S. § 2709.1)
A person commits the crime of stalking when the person either:
(1) engages in a course of conduct or repeatedly commits acts toward another person, including
following the person without proper authority, under circumstances which demonstrate either an intent to
place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to
such other person; or
(2) engages in a course of conduct or repeatedly communicates to another person under circumstances
which demonstrate or communicate either an intent to place such other person in reasonable fear of
bodily injury or to cause substantial emotional distress to such other person.
PFI orders are available only for minors who are being intimidated (harassed or stalked as above)
by an adult who is neither a family member nor a past or present dating or intimate partner.
Please contact PCADV’s Legal Department at 888-235-3425 with any questions about implementing
Protection From Sexual Violence or Protection From Intimidation orders.
This project was supported by subgrant No. 23860-2 awarded by PCCD, the state administering office for the
SASP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this
publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of PCCD or
the U.S. Department of Justice, Office on Violence Against Women.
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The Protection of Victims of Sexual Violence or Intimidation Act:
What You Need to Know Now
from Pennsylvania Coalition Against Rape &
Pennsylvania Coalition Against Domestic Violence
Join us for a webinar on May 27, 2015, at 1:00 PM EDT.
Audience: Court personnel, law enforcement, prosecutors, judges, advocates
Click here to register for the webinar
The Protection of Victims of Sexual Violence and Intimidation (PSVI) Act takes effect on July 1, 2015. The
PSVI Act provides victims of sexual assault or intimidation who do not share a “family or household”
relationship with the defendant a civil remedy that prohibits the offender from having contact with the victim
regardless of whether the victim seeks criminal prosecution. Implementation of the PSVI Act directly
impacts domestic violence and sexual assault programs, courts, and court-related agencies involved in the
civil legal process. Please join Rachel Haynes Pinsker, Senior Attorney with PCADV, and Karen Galbraith,
Training Projects Specialist with the Pennsylvania Coalition Against Rape, for an examination of the PSVI
Act.
Please note: Using PFAD will not be covered in the webinar session. However, PCADV staff is available to
answer questions and schedule group or individual training on how to use PFAD for PSVI orders.
After registering, you will receive a confirmation email containing information about joining the webinar.
View System Requirements
Regional trainings for domestic violence and sexual assault advocates
Click here to register for one of the regional training sessions
(Priority given to domestic violence and sexual assault advocates)
Together, PCAR and PCADV will offer several training sessions and a webinar on the PSVI Act.
Participants will learn about the history behind the PSVI Act and how it differs from the PFA Act.
Overviews of the law and the process for obtaining an order of protection under the act will be provided,
including the use of the Protection From Abuse Database (PFAD) to create and enforce orders.
Holiday Inn, Allentown, I-78, Breinigsville, PA
• May 11, 9 am - 12 pm or 1 pm - 4 pm
Courtyard Marriott Pittsburgh, Monroeville, PA
• May 14, 9 am - 12 pm or 1 pm - 4 pm
Radisson Hotel Harrisburg, Camp Hill, PA
• June 3, 9 am - 12 pm
Presenters: Karen Galbraith: LSW, Training Projects Specialist, PCAR; Rachel Haynes Pinsker:
Senior Attorney, PCADV; Steve Griffith: Technical Support, PCADV
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