A Temporary Protection from Abuse Order (PFA) is a legal measure to protect individuals from immediate and present danger of abuse. In Pennsylvania, an individual may request such orders in instances of domestic violence, stalking, or harassment. It is important that anyone who finds themselves the subject of a PFA understand how it functions and the implications it can have on your life.
How does a PFA impact my life?
A PFA can have profound personal and legal consequences. It will restrict contact, which may require you vacate your home if shared with the petitioner. It can also impact parent/child relationships and lead to temporary changes to child custody arrangements.
How do PFAs work in Pennsylvania?
In Pennsylvania, a PFA provides immediate protection to the complainant by restricting the alleged abuser’s ability to make contact. The process includes:
- Filing a petition: The alleged victim files a petition in court detailing the abuse.
- Temporary order issuance: If the judge believes the petitioner is in immediate danger, they may issue a temporary PFA without the presence of the individual accused of causing the abuse.
- Hearing: A hearing is typically scheduled within ten days, where both parties can present their case.
It is important to note that there are options for those who are the subject of a PFA, which we will discuss in further detail below.
How can I counter a PFA?
If you are subject to a PFA, it is important to take action to protect your rights. Legal strategies can help you defeat this court order. One step is proper preparation for the hearing noted above. Gather evidence and witnesses to refute the abuse claims made against you.
Although frustrating, while fighting the order it is important to respect it. Violating a PFA can result in criminal charges, worsening your situation.
A Temporary Protection from Abuse Order in Pennsylvania is a serious legal matter with significant implications for the person named in the order. It is important to approach this situation with caution, better ensuring that your actions and decisions are informed and legally sound. Remember, the goal is not only to protect your rights but also to address the court’s concerns responsibly and effectively.
