18 U.S.C. § 1514 — Civil action to restrain harassment of a victim or witness

(a) Temporary restraining orders. (1) On the Government attorney’s application, a United States district court must issue a temporary restraining order prohibiting harassment of a victim or witness in a federal criminal case if specific facts in an affidavit or verified complaint give reasonable grounds to believe that harassment of an identified victim or witness exists, or that the order is needed to prevent and restrain an offense under section 1512, other than misleading conduct, or under section 1513. (2)(A) The court may issue the order without written or oral notice to the opposing party or that party’s lawyer in a civil action under this section if the Government attorney certifies the facts in writing and the court finds that notice should not be required and that the Government probably will win on the merits. (B) An order issued without notice must show the date and hour it was issued and must immediately be filed with the clerk of the issuing court. (C) The order ends when the court directs, but no later than 14 days after it is issued. Before it ends, the court may extend it for up to 14 days for good cause, or for a longer period if the opposing party agrees. (D) If the order was issued without notice, the motion for a protective order must be heard as soon as possible and takes priority over every matter except older matters of the same kind. If the Government attorney does not proceed with the protective-order application at that hearing, the court must dissolve the temporary order. (E) If the opposing party gives the Government attorney two days’ notice, not counting weekends and holidays in between, or gives any shorter notice the court allows, and appears and asks to dissolve or change the order, the court must hear and decide that request as quickly as justice requires. (F) The order must state why it was issued, use specific terms, and describe in reasonable detail the acts being stopped. It may not simply refer to the complaint or another document. (b) Protective orders. (1) On the Government attorney’s motion, or on its own motion, a district court must issue a protective order prohibiting harassment of a victim or witness in a federal criminal case or investigation if, after a hearing, the court finds by a preponderance of the evidence that harassment of an identified victim or witness exists, or that the order is needed to prevent and restrain an offense under section 1512, other than misleading conduct, or under section 1513. (2) For a minor victim or witness, the court must issue a protective order prohibiting harassment or intimidation if the evidence shows that the conduct is reasonably likely to harm the minor’s willingness to testify or otherwise take part in the case or investigation. The hearing must follow paragraphs (1) and (3), except that the court may issue an emergency order without the other side present before the hearing when urgent circumstances exist. If such an order is requested or issued, the court must hold a hearing no later than 14 days after the request or issuance. (3) At the hearing under paragraph (1), every opposing party named in the complaint may present evidence and question witnesses. (4) A protective order must state why it was issued, use specific terms, and describe in reasonable detail the acts being stopped. (5) The court must set the order to last as long as needed to prevent harassment, but never more than three years after issuance. During the 90 days before it expires, the Government attorney may apply for a new order. For a minor victim or witness, the court may provide that the order expires on the later of three years after issuance or the minor’s eighteenth birthday. (c) Criminal penalty. A person who knowingly and intentionally violates or tries to violate an order under this section may be fined under this title, imprisoned for not more than five years, or both. (d) Definitions. (1) In this section: (A) “course of conduct” means a series of acts over any period of time, even a short one, showing continuity of purpose. (B) “harassment” means a serious act or course of conduct aimed at a particular person that causes that person substantial emotional distress and serves no legitimate purpose. (C) “immediate family member” has the meaning given in section 115 and also includes grandchildren. (D) “intimidation” means a serious act or course of conduct aimed at a particular person that causes that person fear or apprehension and serves no legitimate purpose. (E) “restricted personal information” has the meaning given in section 119; this section does not define that term. (F) “serious act” means one threatening, retaliatory, harassing, or violent act that is reasonably likely to influence a victim’s or witness’s willingness to testify or participate in a federal criminal case or investigation. (G) “specific person” means a victim or witness in a federal criminal case or investigation and includes that victim’s or witness’s immediate family member. (2) For “harassment” and “intimidation,” a court must presume, unless the person rebuts the presumption, that putting a photograph of a specific person or that person’s restricted personal information on the Internet serves no legitimate purpose. This presumption does not apply when the specific person authorized the use, it is for news reporting, it is intended to find that person after law enforcement reported the person missing, or it is part of a government-authorized effort to find a fugitive or person of interest in a criminal, antiterrorism, or national-security investigation.