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1. What is the Protecting Victims of Sexual Violence or Intimidation (PSVI} Act?

The PSVI Act provides relief for two separate actions: the first action is protection from sexual violence (PSV), and the second action is protection from intimidation (PFI).

Whether a plaintiff wishes to file a PSV or a PFI depends on the facts of the case.

A plaintiff files a PSV when the plaintiff has been a victim of sexual violence. Sexual violence is conduct between persons who are not family members that includes: sexual offenses, endangering the welfare of children, corruption of minors, sexual abuse of children, and unlawful contact with minors and sexual exploitation of children.

A plaintiff files a PFI when the plaintiff is a victim of harassment or stalking AND the conduct is committed by a person over 18 against a person under 18.

2. What does a PSVI order do?

A PSVI order from a court gives protective "relief" for a victim (and sometimes children) for up to three years. A person can file for a PSVI order from the court for themselves or on behalf of their children who are under age eighteen. A PSVI order can restrain the defendant from contacting the plaintiff, entering plaintiffs residence, school or place of employment. The order can also prohibit indirect contact through third parties.

3. How long does it take to file a petition for a PSVI?

The process of filing a petition for a PSVI in Chester County takes approximately two hours. The filing procedure to file a petition is a multi-step process that includes the drafting of the narrative and petition, a hearing for the petitioner alone with the Court, and the actual filing, certifying and submitting of the completed petition to the Sheriff for service.

4. When is the Court available for the filing of petitions for PSVIs?

The Court of Common Pleas is available from 8:30am to 3:30pm. PSVI petitions are filed in the order in which they check in which means that if a petitioner checks in for a PSVI at 3:00pm there may be other petitioners that checked in before who will file ahead.

5. What if I can't get to the Court during those times or show up too late to file?

The PSVI statute authorizes Magisterial District Judges to grant emergency temporary PSVIs when the Court of Common Pleas is unavailable. Contact your local police department to find out where the oncall district judge is located. These orders are temporary and expire at the end of the next day the Court of Common Pleas is available. For example, if an emergency temporary order is granted on a Monday, then that order would expire at 4:30pm on Tuesday. If you seek the same protection offered by the emergency temporary PSVI then you must file a petition for a PSVI in the Court of Common Pleas before the end of the next available day.

6. Who Can Obtain a PSVI Order?

Victims of Sexual Violence and Intimidation are eligible for relief if they DO NOT have a family or household member relationship with the defendant. Victims of sexual violence who DO have a family or household relationship with the defendant should instead file a PFA.

7. How Do I file a petition for a PSVI?

Although the PSVI Act is a Pennsylvania law, every county has a different process to get a PSVI order.

Even though each county is different, the legal process follows the same general pattern. The PSVI process usually starts by filling out a form called a "petition" at the local county courthouse. The questions in the petition ask victims to explain why they want protection and to describe the abuse they suffered. In legal terms, the person who wants the PSVI is called the "petitioner" or the "plaintiff". The
PSVI petition also asks the petitioner to tell what they want the PSVI to do. The PSVI Act says that courthouse information and assistance to PSVI petitioners should be provided in both English and Spanish.

After the petition is filled out, a judge will read it and may ask the plaintiff to answer a few questions. The abuser will not usually be present in the court for this. The judge may grant or deny a temporary PSVI order and will schedule a date for a final hearing. A temporary PSVI order will protect a victim and/or children until the date of the final hearing. This hearing will take place within 10 business days. Even if the judge does not grant a temporary protection order, the judge will schedule a final order hearing.

8. When is the hearing?

When the petition is filed it will include a Notice of Hearing and Order. This serves a notice to both the plaintiff and the defendant that the court will hold a hearing on the just-filed petition. The PSVI statute requires that the Court hold a hearing within ten business days of the filing of the petition.

On the date of the PSVI hearing, the plaintiff/victim and defendant/abuser will come before a judge.
Both are allowed to have attorneys to represent them at this hearing. If both the plaintiff and defendant agree on the terms of an order, the judge will make it official. If either does not agree, the judge will give the victim and abuser the chance to talk on the record about the abuse described in the petition.

After listening to the testimony, the judge may grant the plaintiff a final PSVI order. Final orders can be in place for any period of time up to and including 3 years.

9. Do I really need an attorney for a PSVI hearing?

The short answer is yes. Please remember that this is a legal proceeding. While the statute does not require a petitioner to have an attorney it is a very good idea to have someone who can advocate on your behalf to the court. Unlike the hearing with the judge that occurred in chambers when the petition was filed initially, this will be before a judge in open court. Furthermore, if the defendant has an attorney and you do not you may be at a disadvantage in court.

10. What Can a PSVI Order Do?

A PSVI order can include "no contact" provision as well as restraining the defendant from entering plaintiff's residence, place of employment, business or school, as well as prohibiting indirect contact through third parties. This list is not exhaustive and the court and order nay other appropriate relief sought by the plaintiff.

11. How Much Does a PSVI Order Cost?

The PSVI Act says that PSVI orders are free for the person seeking protection. In most cases, the defendant will have to pay for all or part of the PSVI process. Otherwise, the county must pay.

12. Once I leave the courthouse what do I do with the PSVI?

When you leave the courthouse with a temporary order it is very important that you take a certified copy to your local police department or Pennsylvania State Police barracks. A certified copy will have a raised stamp and a red seal that says "Certified from the Record."

Always keep a copy of the PSVI with you. If there are minor children protected by the PSVI provide a copy to the children's school or daycare center. You may also give a copy to your employer if you so choose.

13. What If an Abuser Violates the PSVI Order?

In most cases, the victim should immediately call the police if the abuser doesn't keep to ("violates") the terms of the PSVI order. According the PSVI Act, the police can and should arrest the abuser for any violation of the PSVI order. The only exception is that the police cannot arrest an abuser for not paying expenses and support as ordered.

A defendant who violates a PSVI order can be arrested and charged with a crime called indirect criminal contempt. The victim may be asked to testify about the violation at a court hearing. If the court finds the defendant guilty of violating the PSVI order, the court can give jail time, probation, and/or fines.

Even though the police may arrest and charge an abuser for indirect criminal contempt, the abuser may be released before the hearing.

It is important for victims to have their certified PSVI orders with them whenever they are traveling. A certified copy is stamped "Certified" in red with a raised seal and initialed by the court.

It is also a good idea to have multiple copies of the order for work, home, and/or school.