Sexual Assault Civil Protection Orders (Cpos) by State 6/2009

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Alaska Criminal Code A person who Reasonable belief that RELIEF : When a court issues or Misdemeanor ALASKA STAT . § reasonably believes the person is a victim of Prohibit from committing accepts for filing a punishable by up to 18.65.850 (2009) that the person is a sexual assault that is sexual assault; no contact; protective order, it shall one year of victim of…sexual not a crime involving stay away from any send a copy of the order incarceration and a fine NATURE OF assault that is not a domestic violence specified place including to the appropriate local of up to $5,000 PROCEEDING : crime involving the respondent’s own law enforcement Civil Protective domestic violence… STANDARD OF PROOF : residence; other relief as agency. Each law Order Preponderance the court determines to be enforcement agency A parent or guardian necessary to protect shall establish COST : may file a petition on petitioner or other procedures to inform No filing fee behalf of a minor designated household peace officers of the member rights of victims of sexual assault. GUN RESTRAINT ? Statute is silent

California Evidence and A person who has Reasonable proof of RELIEF : Petitioner gives to law Misdemeanor CAL . CIV . PROC . Criminal Codes suffered harassment harassment Injunctive enforcement punishable by a fine of CODE ANN . §527.6 not more than one (2009) STANDARD OF PROOF : GUN RESTRAINT ? thousand dollars Clear & Convincing Yes ($1,000), or by NATURE OF imprisonment in a PROCEEDING : county jail for not more Civil Harassment than one year, or by Restraining Order both that fine and imprisonment COST : No filing fee

Colorado Criminal Code A victim of sexual Victim of sexual assault RELIEF : Court electronically Criminal contempt – COLO . REV . STAT . assault or person or attempted sexual No contact; stay away; transfers into central class 2 misdemeanor ANN . §13-14-102 filing on their behalf assault temporary child placement registry unless previous violation, (2009) in which case it is a STANDARD OF PROOF : GUN RESTRAINT ? class 1 NATURE OF Of the opinion that resp. No PROCEEDING : has committed acts Civil & mandatory warranting issuance of criminal process a CPO, and unless restrained, will continue COST : to do so No filing fee

Prepared by the American Bar Association Commission on Domestic Violence http://www.abanet.org/domviol We are always grateful to receive corrections and updates at [email protected] The law is constantly changing! Please independently confirm the data you find here.

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Florida Criminal Code, and: A person who is the Shall allege the RELIEF : Entered into statewide Arrest, following FLA . STAT . ANN . Any other forcible victim of sexual incidents of sexual No acts of violence; such verification system w/in another act of violence §784.046 (2009) felony wherein a violence, IF violence, including other relief as the court 24 hours sexual act is That person reports specific facts and deems necessary for the Civil or criminal NATURE OF committed or to law enforcement & circumstances protection of the petitioner contempt proceedings PROCEEDING : attempted, regardless cooperates in Civil Protective of whether criminal proceedings against Petitioner genuinely GUN RESTRAINT ? Injunction charges based on the perpetrator; OR fears repeat violence by Statute is silent incident were filed, The perpetrator’s the respondent reduced, or dismissed prison sentence is set COST : by the state attorney. to expire STANDARD OF PROOF : No filing fee Statute is silent Parent/Legal Guardian of minor who lives at home may petition on their behalf

Illinois Criminal Code Any person who is a Victim of RELIEF : All sheriffs shall furnish Class A Misdemeanor 740 ILL . COMP . victim of non- nonconsensual sexual No physical or to the Department of for first knowing STAT . ANN . 22/101 consensual sexual conduct or nonphysical contact; stay State Police, on the violation; Class 4 felony (2009) penetration, including nonconsensual sexual away, other injunctive same day as received, for subsequent a single incident of penetration relief as necessary in the form and detail violations NATURE OF non-consensual the Department PROCEEDING : sexual conduct or STANDARD OF PROOF : GUN RESTRAINT ? requires, copies of any Civil No Contact penetration; or by a Preponderance No recorded emergency or Order person on behalf of a plenary civil no contact minor child or an orders issued by the COST : adult who is a victim court and transmitted to No filing fee of non-consensual the sheriff by the clerk sexual penetration of the court but, because of age, disability, health, or inaccessibility, cannot file a petition

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Maine “Harassment” means: A person who has Specific allegations and RELIEF : Copy given to local law Class D Crime, Civil ME. REV . STAT . Three or more acts of been a victim of circumstances of sexual No contact; no following; enforcement Contempt ANN . tit. 5, §4651 intimidation, harassment may seek assault stay away; no property (2009) confrontation, relief by filing a sworn damage; payment of physical force or the complaint in an STANDARD OF PROOF : Petitioner’s monetary NATURE OF threat of physical appropriate court Preponderance losses that were a direct PROCEEDING : force directed against alleging that result of the harassment; Civil Protection any person that are harassment payment of court costs, from Harassment made with the any other orders court Order intention of causing deems necessary fear, intimidation or COST : damage to property GUN RESTRAINT ? No filing fee and that do in fact No cause fear, intimidation or damage to property;

A single act or course of conduct constituting a violation of [the relevant Criminal Code]

Maryland Criminal Code Victim of rape or sex The nature and extent RELIEF : Given at hearing or sent Criminal prosecution, MD. CODE ANN ., offense or attempted of the act specified for No contact; stay away; by mail once issued and imprisonment (not CTS . & JUD . PROC . rape or sexual which the relief is being direct either party to longer than 90 days) or § 3-1501 (2009) offense; must file sought, including obtain professionally fine (not exceeding petition within 30 information known to supervised counseling; $1000) or both NATURE OF days of the offense the petitioner order either party to pay PROCEEDING : concerning previous court costs; or other relief Civil Peace Order harm or injury as the court deems necessary to protect the COST : STANDARD OF PROOF : Petitioner Statute is silent Clear & Convincing (§3-1503 (d)(1) GUN RESTRAINT ? notes that final Statute is silent order can order either party to pay filing fees)

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Minnesota "Harassment" A person who is a Specific facts and RELIEF : Shall be forwarded by Misdemeanor and/or victim of harassment; circumstances from No contact, stay away the court administrator civil contempt; may MINN . STAT. ANN . § includes: a single 609.748 (2009) incident of physical or the parent, guardian, which relief is sought. within 24 hours to the also be a gross sexual assault or or stepparent of a GUN RESTRAINT ? local law enforcement misdemeanor or felony NATURE OF repeated incidents of minor who is a victim STANDARD OF PROOF : Yes with jurisdiction over the depending on the PROCEEDING : intrusive or unwanted of harassment Reasonable grounds to residence of the circumstances. Civil Harassment acts, words, or believe that the applicant. Law Restraining Order gestures that have a respondent has enforcement shall make substantial adverse engaged in harassment available to other law COST : effect or are intended enforcement through a Fee waived for to have a substantial system for verification, stalking and sexual adverse effect on the information as to the assault safety, security, or existence and status of privacy of another, any order regardless of the relationship between the actor and the intended target

Criminal Code Victim of stalking, Petitioner shall file a RELIEF : The clerk of court, shall, Violation of this order is Montana sexual assault or sworn petition that No further threats or within 24 hours, mail a a criminal offense MONT . CODE ANN . sexual intercourse states that the petitioner contact; residence copy of the order, to the under 45-5-220 or 45- §40-15.102 (2009) without consent or by is in reasonable exclusion; 1500 ft. stay appropriate law 5-626 and may carry a parent or legal apprehension of bodily away at worksite or other enforcement agencies penalties of up to NATURE OF guardian on behalf of injury specified place designated, which shall, $10,000 in fines and up PROCEEDING : a minor within 24 hours after to a 5-year jail Civil Protective STANDARD OF PROOF : GUN RESTRAINT ? receipt of the order, sentence Order Statute is silent Yes enter the order into the database of the national COST : crime information center None

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Nonconsensual Victim of The victim has suffered RELIEF : The clerk of court shall Shall be punishable as North sexual conduct, nonconsensual unlawful conduct No contact; no violent deliver on the same day contempt of court Carolina including single sexual conduct. committed by the contact; no nonphysical that a civil no-contact which may result in a N.C. GEN . STAT . incidences of respondent contact; no following; stay order is issued, a fine or imprisonment ANN . § 50C-1 nonconsensual away; other relief as certified copy of that (2009) sexual conduct STANDARD OF PROOF: deemed necessary by the order to the sheriff. Statute is silent court to protect the NATURE OF Petitioner PROCEEDING : Civil No Contact GUN RESTRAINT ? Order Statute is silent

COST : No filing or service fees

Oklahoma Criminal Code Victim of domestic Victim of rape RELIEF : Within 24 hours of the Misdemeanor (prison OKLA . STATE . ANN . abuse, stalking, Any terms and conditions return of service of any not to exceed one year, tit. 22 § 60.2 (2009) harassment, rape STANDARD OF PROOF : that the court reasonably ex parte or final fine not to exceed Sufficient Grounds believes are necessary, protective order, the $5000 or both) NATURE OF Any adult or may include treatment clerk of the issuing court PROCEEDING : emancipated minor shall send certified Civil Protective household member GUN RESTRAINT ? copies to all appropriate Order on behalf of family or Unclear law enforcement household member agencies designated by COST : who is a minor or the plaintiff – law enf. No filing fee incompetent or any responsible for notifying minor age16 or 17 other law enf. which may include entry into National Crime Info Center database

South Dakota Criminal Code Victim of stalking or Petitioner must allege RELIEF : Victim gives certified Class 1 misdemeanor S.D. CODIFIED LAWS physical injury as a existence of stalking or Restrain party from acts of copy to county law or Class 6 Felony if §22-19A-8 (2009) result of an assault or physical injury stating stalking or physical injury enforcement agency. another assault a crime of violence as specific facts and as a result of an assault or That agency is NATURE OF defined in criminal circumstance a crime of violence; any responsible for other PROCEEDING : code other relief court deems agencies w/in the Civil Protective STANDARD OF PROOF : necessary county to know of the Order Preponderance order. GUN RESTRAINT ? COST : No filing fee No

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Tennessee Criminal Code Any victim who has The petitioner was RELIEF : A copy . . . shall be Civil or criminal TENN . CODE ANN . § been subjected to, subjected to, threatened No contact; no violent issued to the petitioner, contempt and a civil 36-3-601 (2009) threatened with, or with, or placed in fear of contact; no nonphysical the respondent, and the penalty of $50.00 placed in fear …sexual assault contact; no stalking; local law enforcement NATURE OF of…sexual assault possession of residence agencies having PROCEEDING : STANDARD OF PROOF : to Petitioner or directing jurisdiction in the area Civil Protective Preponderance Respondent to provide where the petitioner Order suitable housing for resides. Upon receipt… Petitioner; excluding the local law COST : Respondent from enforcement agency No filing or service residence; temporary child shall immediately enter fees custody; temporary such order or dismissal spousal support; directing in the Tennessee crime Respondent to obtain information system and counseling; custody of any take any necessary animal owned. action to immediately transmit it to the GUN RESTRAINT ? national crime No information center.

Texas Criminal Code Person who is a Victim of sexual assault RELIEF : Statute is silent Contempt, fine (no TEX . CODE CRIM . victim of a sex and subject of threat No communication directly more than $4000) or PROC . ANN . ART . offense as defined in that reasonably places or indirectly w/ petitioner jail (no more than one 7A.01 (2009) criminal code; parent petitioner in fear of and family or household year) or guardian or further harm from the members; stay away from NATURE OF prosecutor on behalf respondent specific locations and PROCEEDING : of person younger minimum distances; other Civil Protective than 17. STANDARD OF PROOF : orders as court deems Order Reasonable grounds necessary

COST : GUN RESTRAINT ? Statute is silent Yes, unless offender is a peace officer actively engaged in employment as a sworn full-time paid employee of a state agency

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Vermont Criminal Code A person, other than Victim of the offense of RELIEF : Any court in this state A fine of $1,000.00 or VT. STAT . ANN . tit. a family or household lewd and lascivious Stay away; no that issues a notice imprisonment for six 12, § 5131 (2009) member may seek an conduct with a nonphysical contact; other against a stalking or months, or both order against stalking child…sexual assault… orders the court deems sexual assault order NATURE OF or sexual assault on or aggravated sexual necessary to protect under this chapter shall PROCEEDING : behalf of him or assault… Petitioner or other parties transmit a copy of the Civil Protective herself or his or her involved order to the department Order children by filing a STANDARD OF PROOF : of public safety's complaint Preponderance GUN RESTRAINT ? protection order COST : Statute is silent database. No filing fee

Washington For detailed civil A person who is a Non-consensual sexual RELIEF : A copy shall be A violation of the definition of "Sexual WASH . REV . CODE victim of conduct or non- No contact; no forwarded by the clerk restraint provisions or conduct" see Wash. ANN . § 7.90.005 nonconsensual consensual sexual nonphysical contact; stay of the court on or before provisions excluding (2009) Rev. Code § sexual conduct or penetration committed away; any other relief as the next judicial day to the person from a 7.90.010. non-consensual by the respondent. the court deems the appropriate law residence, workplace,

NATURE OF sexual penetration, necessary to protect enforcement agency school, or day care or PROCEEDING : including a single STANDARD OF PROOF : Petitioner. specified in the order. prohibiting a person Civil Protective incident (16 years or Preponderance Upon receipt of the from knowingly coming Order older may file on their GUN RESTRAINT ? order, the law within or remaining own) Statute is silent enforcement agency within a specified COST : shall immediately enter distance of a location is No fees On behalf of a minor the order into any a gross misdemeanor . child or vulnerable computer-based Any assault that is a adult who is a victim criminal intelligence violation of an order is of non-consensual information system a class C felony, or is a sexual conduct or available in this state class C felony if the non-consensual used by law offender has at least sexual penetration enforcement agencies two previous to list outstanding convictions for violating warrants. the provisions of an order

Sexual Assault Civil Protection Orders (CPOs) By State 6/2009

Relevant Civil Definition of Who Qualifies? What Must Relief Available Penalty for Notice to Police? Statute Sexual Assault? (Petitioner) Petitioner Show? (Gun Restraint?) Knowing Violation?

Wisconsin Criminal Code Victim of sexual That the respondent RELIEF : The clerk of the circuit Fine not more than WIS . STAT . ANN . § assault (included in has engaged in No harassment; stay away court shall send a copy $1,000 or imprisoned 813.125 (2009) definition of harassment with intent from petitioner's residence of the order or not more than 90 days “harassment”) to harass or intimidate or any premises injunction, or of the or both NATURE OF the petitioner temporarily occupied by order extending, PROCEEDING : the petitioner; or any modifying or vacating Civil Harassment STANDARD OF PROOF : combination of these an order or injunction, to Restraining Order The judge or circuit remedies requested in the the sheriff or to any court commissioner petition local law enforcement COST : finds reasonable agency which is the Statute is silent grounds to believe that GUN RESTRAINT ? central repository for the respondent has Yes orders and injunctions engaged in harassment and which has jurisdiction over the petitioner's premises. The sheriff or other appropriate local law enforcement agency …shall enter the information received … into the transaction information for management of enforcement system no later than 24 hours after receiving the information and shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction.