Module 2 explained that victims whose cases are prosecuted in criminal court generally receive a protection order (also referred to as order of protection), which orders the defendant/perpetrator to abide by certain conditions aimed at protecting the victim.  The terms will vary by jurisdiction and by individual case but can include an order that the perpetrator must stay a certain physical distance away from the victim; that the perpetrator must stay away from the victim’s home/place of employment/school; and/or that the perpetrator must refrain from harassing the victim or committing any crimes against the victim. 

Criminal court judges generally do not have authority to issue these orders until charges have been filed by the prosecutor (as explained in Module 2).  Because victims may not engage with the criminal justice system immediately after the sexual assault, a lengthy investigation may take place before the filing of charges, or the prosecutor may decline to file charges.  Therefore, victims may wish to immediately seek a protection order from civil or family court that will be in place as these other processes slowly unfold. Additionally, if the criminal case does not result in a conviction any protection order in place connected to the criminal case would be void whereas any civil or family court protection order in place would be unaffected by the outcome of the criminal case. 

Civil courts, and especially family courts, usually attempt to make the process of petitioning for a protection order simple enough that one does not need legal representation to do so.  However, advocates should encourage victims to obtain legal advice/representation to understand whether their circumstances qualify for a civil/family court protection order and for expertise in filing a strong petition for such an order and ensuring that all procedural requirements have been met such that the order stays in effect.