Protection from Abuse / PFA
ARE YOU SEEKING TO GET A PROTECTION FROM ABUSE (PFA) ORDER AGAINST SOMEONE?
ARE YOU SOMEONE WHO IS BEING ACCUSED OF ABUSE? ARE YOU FACING JAIL FOR VIOLATION OF A PFA ORDER (CONTEMPT)?
If so, you should consult with an attorney immediately, as these hearings are scheduled by the court quickly. PFA court moves swiftly but there are many things you can prepare for with the help of an attorney to guide you. Call me if you are seeking to obtain a PFA Order, to prevent someone from getting a PFA Order against you, or if you are being accused of violating a PFA Order and facing possible jail.
Understanding What is a PFA in Pennsylvania
A victim of domestic violence may get a Protection from Abuse Order (PFA) in the county where the abused person lives. If a PFA order is issued, it can include a no-contact order to enter the victim’s home, place of employment, school, church, or other locations requested. The PFA order can put the abuser out of the home, even if the home is owned or rented by them jointly, and even where the abuser owns the home and the abused is not on the deed (or lease).
It is common for people to seek PFA orders that include children in the order. The judge can include children in the protection order, as long as the judge convinced that abuse of the children has occurred, separate and apart from any abuse of the parent. Sometimes judge will issue a PFA for a parent, and remove children from a PFA order. In those instances, the judge will commonly issue the no-contact order, but write conditions into the order involving exchanges of physical custody of the children involved, and dictate that the parents may communicate, but only in writing, and only regarding exchanges of the children.
It is very uncommon for judges in PFA court to enter long-term custody orders, and almost never do judges include orders for child support as part of PFA orders. Long-term custody decisions (legal custody and physical custody) as well as child support obligations should be addressed through domestic relations and the custody court. You should obtain a lawyer if you are seeking a PFA against someone, in order to understand how to present evidence and what you will be allowed to request, and the chances that your requests will be granted.
If someone is seeking a PFA against you, it is definitely advisable to get an attorney, as having a PFA order issued against you means a judge has found you to be an abuser, on the record, and this could effect your employment, as well as your ability to pass background checks (including child abuse checks).
Who Can Get an Order for Protection from Abuse?
People commonly believe that anyone who is threatened or mistreated by another person has the right to file a Protection from Abuse case. This is not correct. A person cannot obtain a PFA against his neighbor, against his boss or co-worker, or against a customer. In order to seek a PFA, you must prove that there was a blood or familial relationship, or former romantic relationship. If the relationship is not one of these, then there will be no standing and a PFA will be denied.
How to File a Protection from Abuse Order?
Protection from Abuse petitions must be submitted by the person requesting the order. It is called ex parte, meaning one-sided, because the other person isn’t there to tell their side. You must appear in person to seek the first order, which will likely last only for 10 days if it’s granted. This is called a temporary PFA order. The temporary order will be served on the other person, and a hearing will also be scheduled on whether a permanent PFA should be issued. The “permanent” one can not be issued for lifetime, only up to 3 years.
Judges reserve 3-year orders for those cases where abuse is severe and long-term. At the point of having the full PFA hearing, both sides appear, with or without an attorney, to make their arguments. If you fall on either side, you should seek legal counsel to guide you, as there are a lot of pitfalls involved in arguing either side of a PFA. The most common one is that people without an attorney struggle to understand how to properly get evidence admitted—people often come to court with text messages, screen shots of social media, voicemails, or other types of electronic evidence prepared to offer it as evidence and they are then unable to use it because they didn’t present it in proper format for authentication.
Do I Need A Lawyer To Get A PFA?
You should have legal representation when arguing against a PFA since the allegations contained within it may also serve as the basis for criminal charges. In addition, if a PFA is issued against you, then you are subject to being arrested if there is a complaint that you violated the PFA order. The police require only the bare minimum of proof before making such an arrest.
People often state that in court, the case is a “he said, she said.” In general criminal cases and civil cases are built on many types of evidence rather than simply the word of one person. However, in PFA court, many times it literally comes down to the word of one person versus another—the “he said, she said” situation. Once a PFA is issued, it is difficult for an accused person to reverse that process.
Therefore, if someone is seeking a PFA against you, get an attorney as soon as possible to try and prevent it. Likewise, if you are seeking a PFA and you earnestly believe that the judge will decide in your favor, get an attorney who spends much time in the court where you are going, so that the attorney can guide you on how best to present your testimony and evidence.
How Can Attorney Kathryn Roberts Help You with PFA?
I have handled thousands of PFA proceedings. Almost all are in Lehigh and Northampton County. I work on both sides of the aise—helping those seeking a PFA and those who are defending against one. The only way to understand how each of those is handled is for the attorney to have been on both sides at different times.
Frequently, people ask us if they need a lawyer to obtain a PFA. You are not given a lawyer by the court in the majority of Pennsylvania counties. You must attend a Court of Common Pleas hearing to get a Protection from Abuse Order. Your abuser has the chance to stand up for themselves and even if you don’t get an attorney yourself, your abuser might be represented by counsel. Likewise, if someone is seeking a PFA against you and they have an attorney to guide them, you will be at an automatic disadvantage.
If nothing else, virtually all judges prefer that both sides in PFA matters have an attorney. The attorneys are able to work through the common issues—child custody disputes, financial disputes over the house, bills, bank accounts—in a dispassionate way to find common ground and work out a written agreement to be presented to the court, which then turns that into an enforceable court order. Usually these types of compromises are worked out at the day of court, in the hallway outside the PFA court. Either way, seek counsel before you step into a PFA courtroom so that you understand what are the likely outcomes.
