Sexual Assault

Criminal courts can issue restraining orders (often called no-contact orders or stay-away orders) when the perpetrator of sexual assault is charged with a crime. A judge can also order that the perpetrator not contact or harm the victim as a condition of bail, probation, or parole. Judges also have the option of issuing a suspended sentence where the perpetrator’s sentence, or a portion of it, is “suspended” unless the perpetrator contacts the victim. If the perpetrator violates the judge’s order, the original sentence will actually be carried out. It is my understanding that restraining orders issued by the criminal court are available in every state - again, though, only when criminal charges are pressed. The victim generally cannot ask a criminal judge directly for a restraining order. The request is usually handled by the prosecutor handling the case.

Civil courts can also issue protective orders (often called orders of protection, protection orders, restraining orders, or a wide variety of other names). To get a protective order from civil court, the perpetrator does not have to be charged with a crime. In most states, you have to show that you’ve been abused (as that state defines abuse) and that you have a relationship with your abuser that qualifies you for a protective order (for example, that you’ve had a dating relationship or that you’re married – the requirements vary widely by state). Many states include sexual assault in their state’s definition of abuse. So, if a victim of sexual assault has a relationship to her perpetrator that qualifies her for a restraining order in her state, she may be able to get a protective order from civil court. In this way, victims of date rape, marital rape, or sexual assault from someone they live with are covered in quite a few states. Unfortunately, other victims - like acquaintance rape where there is no dating relationship or stranger rape - may not be covered. There are a few states that allow any victim of sexual assault to petition the civil courts for a restraining order, regardless of the relationship.

[INSERT SEXUAL ASSAULT RESTRAINING ORDER INFO FOR HER STATE]