§ 1514. — Civil action to restrain harassment of a victim or witness.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1514]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 73--OBSTRUCTION OF JUSTICE
Sec. 1514. Civil action to restrain harassment of a victim or
witness
(a)(1) A United States district court, upon application of the
attorney for the Government, shall issue a temporary restraining order
prohibiting harassment of a victim or witness in a Federal criminal case
if the court finds, from specific facts shown by affidavit or by
verified complaint, that there are reasonable grounds to believe that
harassment of an identified victim or witness in a Federal criminal case
exists or that such order is necessary to prevent and restrain an
offense under section 1512 of this title, other than an offense
consisting of misleading conduct, or under section 1513 of this title.
(2)(A) A temporary restraining order may be issued under this
section without written or oral notice to the adverse party or such
party's attorney in a civil action under this section if the court
finds, upon written certification of facts by the attorney for the
Government, that such notice should not be required and that there is a
reasonable probability that the Government will prevail on the merits.
(B) A temporary restraining order issued without notice under this
section shall be endorsed with the date and hour of issuance and be
filed forthwith in the office of the clerk of the court issuing the
order.
(C) A temporary restraining order issued under this section shall
expire at such time, not to exceed 10 days from issuance, as the court
directs; the court, for good cause shown before expiration of such
order, may extend the expiration date of the order for up to 10 days or
for such longer period agreed to by the adverse party.
(D) When a temporary restraining order is issued without notice, the
motion for a protective order shall be set down for hearing at the
earliest possible time and takes precedence over all matters except
older matters of the same character, and when such motion comes on for
hearing, if the attorney for the Government does not proceed with the
application for a protective order, the court shall dissolve the
temporary restraining order.
(E) If on two days notice to the attorney for the Government or on
such shorter notice as the court may prescribe, the adverse party
appears and moves to dissolve or modify the temporary restraining order,
the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(F) A temporary restraining order shall set forth the reasons for
the issuance of such order, be specific in terms, and describe in
reasonable detail (and not by reference to the complaint or other
document) the act or acts being restrained.
(b)(1) A United States district court, upon motion of the attorney
for the Government, shall issue a protective order prohibiting
harassment of a victim or witness in a Federal criminal case if the
court, after a hearing, finds by a preponderance of the evidence that
harassment of an identified victim or witness in a Federal criminal case
exists or that such order is necessary to prevent and restrain an
offense under section 1512 of this title, other than an offense
consisting of misleading conduct, or under section 1513 of this title.
(2) At the hearing referred to in paragraph (1) of this subsection,
any adverse party named in the complaint shall have the right to present
evidence and cross-examine witnesses.
(3) A protective order shall set forth the reasons for the issuance
of such order, be specific in terms, describe in reasonable detail (and
not by reference to the complaint or other document) the act or acts
being restrained.
(4) The court shall set the duration of effect of the protective
order for such period as the court determines necessary to prevent
harassment of the victim or witness but in no case for a period in
excess of three years from the date of such order's issuance. The
attorney for the Government may, at any time within ninety days before
the expiration of such order, apply for a new protective order under
this section.
(c) As used in this section--
(1) the term ``harassment'' means a course of conduct directed
at a specific person that--
(A) causes substantial emotional distress in such person;
and
(B) serves no legitimate purpose; and
(2) the term ``course of conduct'' means a series of acts over a
period of time, however short, indicating a continuity of purpose.
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250.)
Effective Date
Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-291,
set out as a note under section 1512 of this title.
