18 U.S.C. § 1514 : US Code - Section 1514: Civil action to restrain harassment of a victim or witness

Search 18 U.S.C. § 1514 : US Code - Section 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.