How is a SAPO issued?
A SAPO can be issued in two ways – either in connection with the criminal prosecution of a crime or through the civil legal system. The legal system is divided into two areas: criminal law or civil law. Criminal Law The criminal law system handles cases that involve crimes such as rape, harassment, assault, murder, and stalking. The police may arrest the offender and then the prosecutor may decide to charge the offender with a crime. If you are a victim of sexual assault in a criminal proceeding, the prosecutor or judge can order a SAPO in connection with the criminal case against the offender at any time throughout the prosecution of the case, and/or as a condition of sentence. Civil Law Under civil law, one person sues another person for a wrong. In a civil SAPO petition, you are asking the court to order the offender to stay away from you. This is sometimes referred to as a “stand-alone” petition because you are filing an independent action for a SAPO. You are not asking the court t