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Restraining Orders

Laws current as of September 5, 2023

Can police charge to serve a non-DV stalking/sexual assault RO?

Under VAWA, states that receive a certain type of funding (known as STOP grants) are not supposed to charge for filing or service of protection orders even in other states if the order is for stalking or sexual assault (or domestic violence). I don’t know what the allegations were in your 50C order and whether or not the order that was issues comes under this law.

You can see this requirement in the VAWA 2000 amendments regarding the eligibility requirements for STOP grants, that anyone applying must prove that their “laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction.” 42 U.S.C. §§ 3796hh-(c)(1)(D) (italics added).

You may want to contact the National Center on Protection Orders and Full Faith and Credit, which is an organization that deals with issues such as this. An attorney there can give you a definite answer as to whether this part of VAWA applies to your situation and may be able to contact the sheriff’s office in PA that is trying to charge you if the attorney determines that it is being done incorrectly. Their number is here: 1-800-903-0111 prompt 2. If you have trouble reaching someone, feel free to write back.