Silence Hurts
Alcohol Abuse and Violence Against Women
Prohibited Behavior
Each State has interpreted the penal code to cover various acts that would be prohibited under a civil protection order. General conduct sufficient to support the issuance of a civil protection order includes:3
- Criminal acts (such as battery, robbery, burglary, kidnapping, reckless endangerment, and criminal trespass)
- Sexual assault and marital rape
- Interference with personal liberty
- Interference with child custody
- Assaults involving motor vehicles
- Harassing behaviors, stalking
- Emotional abuse
- Damage to property
Some States like Rhode Island, for example, prohibit any abuse, which they define as "attempting to cause or causing physical harm; placing another in fear of imminent serious physical harm; causing another to engage involuntarily in sexual relations by force, threat of force, or duress."4 Pennsylvania adds to its list acts that inflict false imprisonment and the physical or sexual harm of children.
Two-thirds of States allow women to file for a civil protection order pro se-without having to hire an attorney. Most States mandate that the courts develop special, simplified forms and instructions; provide clerical assistance for advocates; eliminate or waive initial filing fees; and provide prompt service and immediate access to the courts. Roughly half of the States allow for 24-hour access for protection orders. Some offer after-hours and weekend accessibility. In all jurisdictions except two, an abused person can obtain an ex parte temporary order of protection-often the same day the petition was filed. Most States also require that a court date is set within a specified period of time, typically between 10 and 30 days.5
Nearly every State requires that all pleadings and orders filed with the court after the domestic violence incident must be served upon the defendant in a timely manner. Some States deem the defendant's appearance in court and receipt of the order as sufficient. Others require law enforcement personnel to deliver, or to make a concerted effort to deliver, the papers directly to the partner (defendant).








