What Is a PFA?

Domestic abuse can take many forms, whether physical or non-physical. If you believe you have been abused by a family member or intimate partner, it helps to understand your legal options to prevent further harm. This guide explores the meaning of a protection from abuse (PFA) order, whether it applies to your situation and how you can obtain assistance according to Pennsylvania laws.

What Is a PFA Order?

A protection from abuse order is a special type of restraining order. Those who have experienced domestic abuse often use it to get protection against their abuser. This order is allowed in Pennsylvania under the Protection From Abuse Act. PFA orders tell the abuser to stop the abuse or face legal consequences and are signed by a judge. A person may file for this protection for themselves or on behalf of their minor children.

When Are PFA Laws Applicable?

You may file for a PFA order against a family member or intimate partner, such as a:

• Domestic partner
• Spouse or ex-spouse
• Parent
• Child
• Current or former intimate or sexual partner
• Person related by marriage or blood, including siblings

A PFA order may be allowed against one of the above if they committed domestic abuse. The PFA Act considers attempting or causing the following actions as abuse:

• Bodily injury or serious bodily injury
• Sexual assault or rape
• Involuntary deviate sexual intercourse
• Incest
• Stalking
• Sexually or physically abusing a child
• Statutory sexual assault
• Indecent assault
• Aggravated indecent assault
• False imprisonment
• Placing someone in fear of immediate serious bodily injury

What Types of Protection Can You Get With a PFA Order?

PFA orders help to protect individuals through certain requirements. While all protections may not apply to a single order, some protections they might offer depending on your situation include:

• Directing the abuser not to harass, abuse, threaten or stalk you
• Prohibiting the abuser from contacting you
• Excluding or evicting the abuser from your residence
• Prohibiting the abuser from having a gun permit or any weapons
• Granting you temporary spousal or child support
• Granting you temporary custody of your minor children
• Directing the abuser to reimburse you for your out-of-pocket expenses for bodily injuries they caused through the abuse
• Instructing the abuser to attend a batterer counseling program
• Allowing the judge to grant another form of relief necessary to stop the abuse

In Pennsylvania, there are three main types of PFA orders that might contain some of the above requirements:

• Emergency order: An emergency order can be used for immediate protection from the abuser on days when the courts are closed. For instance, you might seek this order late at night, on weekends or on a holiday. This may only last until the next business day and may be granted when a judge believes you are in immediate danger.
• Ex parte temporary PFA: The “ex parte” in ex parte temporary PFA means that the abuser is not notified beforehand or present at court when requesting the order. This type of PFA order helps keep you or your minor children safe from further domestic abuse until the full court hearing, at which you’ll aim to get a final PFA. The court hearing will typically be scheduled within 10 business days from the date you receive an ex parte temporary PFA.
• Final PFA: A final PFA is a long-term restraining order which may last up to three years. Depending on your circumstances, you may be able to extend the final PFA order. To obtain a final PFA, you will need to have a full court hearing where both you and the abuser will testify and present evidence.

How to Get a PFA Order in Pennsylvania

While the Pennsylvania PFA Act has a general PFA filing process, the process can vary based on the county where you live. Here are the three main steps involved in obtaining a PFA order.

1. File a PFA Petition

Visit the county courthouse to fill out a petition for protection. You can generally file your petition where you or your abuser lives, where you or your abuser works, or where the abuse took place. If you want the judge to evict the abuser from your shared home, you’ll need to file the petition in the same county as the home’s location.

To get the petition, you need to present a form of identification and fill out forms to explain why you need protection, describe the abuse you experienced and establish what type of protection you need.

2. Wait for the Judge to Review the Petition

A judge will review your petition. If they believe you or your children are in immediate danger, they may sign a temporary PFA order for your protection until the full court hearing. Give this order and a copy of the petition to the sheriff so they may give it to the abuser. You should also complete the sheriff’s service form so that the sheriff has the necessary information for notifying the abuser about the court hearing.

3. Attend the PFA Hearing

If your petition was not dismissed, you may expect the court hearing to occur within 10 business days. Here, the judge will decide whether you require a final PFA. Consider having a PFA attorney represent you at the hearing since your abuser might do the same. To strengthen your chances, bring witnesses and evidence to prove the abuse.

Why Trust MPL Law

MPL Law Firm has experienced and knowledgeable PFA attorneys who aim to help clients obtain and maintain a PFA order in Pennsylvania. Some of the key advantages of working with us include:

• Tailored legal advice: We offer legal guidance based on the unique needs of your particular situation. Our PFA attorneys listen to your story and needs to help you discover options that may lead you to a desirable outcome.
• In-depth knowledge of PFA laws: Our attorneys have years of experience assisting clients with PFA orders. This experience has helped us understand the latest PFA laws to set realistic expectations for cases and choose routes in which our clients are more likely to succeed.
• Honesty: At MPL Law, we aim to be transparent with all our clients. We provide honest legal advice about potential outcomes and work to find you a solution that leads to the most optimistic outcome possible. If necessary, our attorneys will develop more innovative and unique solutions that may benefit you, whether inside or outside the courtroom.

Receive Help From a PFA Attorney at MPL Law

Whether you need assistance determining your eligibility to file a PFA order or want to obtain one, our attorneys at MPL Law are determined to help our Pennsylvania clients receive the protection they deserve. We assist with various PFA needs, such as helping you understand your rights under PFA laws, attain a PFA order, and improve your safety inside and outside of court. For assistance with your PFA order, contact a Pennsylvania PFA attorney at MPL Law today.