How Do I Get a Protection From Abuse Order?

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If you are in a relationship that is unsafe, it is critical to remove yourself and your children and immediately get to safety. Here in Bucks and Montgomery Counties of PA, we have many resources available to assist you. Physical and psychological abuse can have serious long-term consequences on your life. Our attorneys want to make sure you have the legal protection you need.  

How do I get a restraining order in Bucks and Montgomery Counties?  

A Protection From Abuse (PFA) Order, commonly called a restraining order, is a court order that raises the legal stakes for your abuser. Once obtained, if the person contacts you, comes to your home, place of work, or within a certain distance of you, he or she risks arrest and criminal penalties. If you need a PFA or feel you’ve been wrongly accused of abuse and are the subject of a PFA, Karen Ann Ulmer can help.

What’s the Process to Get a Protection From Abuse Order?

A PFA can be sought by:

  • Anyone 18 or older, and
  • A teen or a child accompanied by a parent, an adult household member, or a guardian ad litem

You (the plaintiff or petitioner) can start the process to obtain a temporary PFA  at a police station or courthouse depending on the time and day. As the plaintiff, you can fill out a petition. You will need to:

  • Explain why you need protection 
  • Describe the abuse you’ve suffered
  • State what protection you seek

A judge will consider your petition and may have additional questions for you at a hearing. The judge will either grant you a temporary PFA or deny your request. If it’s granted, a final hearing will be scheduled within ten business days. 

This temporary PFA provides you legal protection through the date of the final hearing. The county sheriff’s office will serve copies of the petition, the order, and a notice of the final hearing on the accused abuser (the defendant).

The PFA can make it illegal for the person to contact, harass, or abuse you or your children. It could order the abuser to move out of your home, return your personal property, and grant you temporary custody of your children.  Additionally, your abuser may be required to surrender all weapons including guns and ammunition.  

What Role Does a Judge Play in the Process?

You and the defendant will have an opportunity to come before the judge at the final hearing. Both can tell their sides of the story and have legal representation. If you and the defendant agree on the terms of an order, the judge will review it and may make it official, with or without changes. 

Without an agreement, the judge decides what to do based on the testimony and evidence presented at the hearing. The plaintiff must show he or she fears serious and imminent harm. There must be evidence showing a recent violent incident, prior violence, or firearm ownership for a court to issue the order. The judge can deny the petition or create a final PFA, which could last for up to three years.

Where Does a PFA Apply?

The Protection from Abuse Order is valid everywhere in Pennsylvania, in every state, and on tribal lands. Protection orders from other parts of the US are also valid in Pennsylvania due to federal law. Defendants’ names are put into a law enforcement database, making it easier for police to check if you have a protection order and whether the defendant is violating it. If you travel or move, have a copy of the order with you to help prove your status. 

Compassionate Advocacy From Lawyers Who Care

Everyone should feel safe and secure in their own homes. If you or someone you know feels threatened, contact us immediately. If you are a defendant in a PFA case, schedule an appointment to discuss the situation, how Pennsylvania law may apply in your case, and how we can help. Learn more by calling our office at (215)515-5172, booking an appointment online, or by filling out our contact form. We can meet in our office or speak with you by phone.

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Is It a Valid Will?

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There are only a few requirements for a will to be valid in terms of its drafting. It must be in writing and signed by the testator at the end. Technically, a notary and/or witnesses are not required, though certainly useful for purposes of probate as well as potential litigation on its validity. The bigger concerns surround the contents of the will. Any aggrieved party can contest the will for a number of reasons. Two of the more common grounds for a will contest include indue influence or lack of capacity. Undue influence covers a variety of situations where the primary allegation is the contents of the will do not reflect the testator’s true intent. This could be because of direct undue influence, i.e. physically forcing the testator to execute a will. It can also be a result of indirect influence. Indirect influence may be asserted if the testator was shown to have persistent confusion or forgetfulness, a party with a close relationship is involved, and the end result is a lopsided will to the substantial benefit of the party with close relationship.

 

Lack of capacity can be asserted wherein it is alleged the testator did not have the mental awareness to execute the document. By law, a testator must be of sound mind to make a will. This has been construed by case law to require they understand who their intended beneficiaries are, what property they have to pass to the beneficiaries, and how they will divide the property among the beneficiaries. There is a presumption of capacity but it can be overcome. To overcome the presumption there must be clear and convincing evidence to demonstrate lack of capacity at the time of signing. Witnesses at the time of signing can offer testimony with regard to the state of the testator at the time with respect to capacity. Consult with an estate attorney if you have concerns about the validity of a will to discuss your options.

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Estate Planning after Divorce

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It makes sense to revisit your estate plan after any major life change, including new child, marriage and divorce. You want to ensure you are leaving your assets to the individuals you intend to and that can change over time. Sometimes, individuals do not get around to updating their plan leaving their heirs to deal with the fallout. Luckily, in the case of divorce, there is some protection offered by law. Specifically, any provision in a will relating to the testator’s spouse will become ineffective upon divorce unless it is clear the provision was intended to remain post-divorce. The same is true if the testator is in the midst of divorce proceedings and grounds for divorce have been established. Establishment of grounds is by order of the court and requires more than just the filing/service of a divorce complaint.

 

The rule for wills is also applied to beneficiary designations. The law provides that any designation naming a prior spouse shall become ineffective upon divorce. However, a prior spouse would still be entitled to receive their share of the asset if awarded to them pursuant to equitable distribution, where applicable. Your estate plan may also be automatically modified in the event of marriage. If a testator marries after making a will, the surviving spouse shall at least be entitled to what they would have received without a will if they are not named. Intention is also a factor here. If the document notes the upcoming marriage, the law does not apply to change the will.

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Can My Custody Order Be Changed?

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If you have children and have previously been through the custody process with the Court it is likely that it resulted with a Court Order. A Court Order for custody is issued in a Custody proceeding. This Order will direct which parent has legal and physical custody. Legal Custody is the right to make decisions for your child. Decisions such as where they go to school, what doctors they see, if they are involved in any religious activities would all fall under legal custody. The Custody Order will specify if one parent has sole legal custody or if legal custody is shared. If parents have shared legal custody they must consult each other about decisions in their children’s lives. A Custody Order will also direct who has physical custody. Physical custody is who the children are physical with. An Order could direct that one parent has sole physical custody or that the physical custody is shared. If the physical custody is shared the Order will probably also set out a schedule as to when the children are with each parent.

If you have a Custody Order and circumstances have changed or new developments have occurred you might think that the Order needs to be changed because the situation has. That is ok. Custody is always modifiable. If you have a Custody Order and you are seeking it to be changed we can help you with that. We would file a Modification of Custody requesting that the Custody be modified. If you are in Pennsylvania and have a Custody Order that you need to have changed, please call our office for a free 15 minute consultation to discuss your options.

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CYS Results

It has been 30-60 days since an anonymous complaint was made on the Child Line accusing you of child abuse. The investigation has been completed and a report issued. What does that report say? Children and Youth/DHS will send a letter giving the finding and explaining what it means. The letter will contain one of three results. These are Unfounded, Indicated, or Founded. What do each of them mean.

An Unfounded report is defined as any report that is not Indicated or Founded. That means that there is no proof that any actions of the accused person rose to the level of child abuse as defined in the Child Protective Service statutes.

An Indicated report is one where there is substantial evidence that an action of the accused rose to the level of child abuse based on available medical evidence, a child protective service investigation, or an admission of the alleged abuser. Typically this will be a one time act with no on going threat to the child.

A Founded report is one involving a perpetrator that is made pursuant to this chapter, if any of the following applies:

(1) There has been a judicial adjudication based on a finding that a child who is a subject of the report has been abused and the adjudication involves the same factual circumstances involved in the allegation of child abuse.

(2) There has been an acceptance into an accelerated rehabilitative disposition program and the reason for the acceptance involves the same factual circumstances involved in the allegation of child abuse.

(3) There has been a consent decree entered in a juvenile proceeding that involves the same factual circumstances.

(4) A final protection from abuse order has been granted when the child who is a subject of the report is one of the individuals protected under the protection from abuse order.

Typically, this means there is an ongoing threat of abuse and the Court has stepped in to declare the child(ren) dependent and they must be removed from the abuse perpetrator’s presence.

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What happens if a Protection from Abuse Order is Violated?

Abuse can occur in several forms both physical, mental and emotional. If you find yourself in an abusive relationship you should know that there is help,. Getting out of an emotional relationship can sound a lot easier than it might seem. You might have fears that if you leave they will come after you. You could fear for your physical and mental safety. There are actions you can take to protect yourself. In Pennsylvania you can file for a Protection from Abuse Order (PFA). The process of filing for PFA is filling out the paperwork and then likely you will talk to a Judge and a temporary order will be granted. After the temporary is granted then a hearing is scheduled in front of Judge to see if the temporary needs to be extended or if a final order needs to be put in place.

Even if you do get a PFA however, you might have concerns that your abuser will not comply with the order. Do you have any recourse and if so what would that be? If someone violates a PFA Order they can be found in contempt of the Order. If they are found in contempt the result could be that the order is extended for a longer period of time, they could face fines, or they might be incarcerated. The result will depend on how serious the contempt violation was. If you are in Bucks County and are in an abusive relationship know that you do not and should not stay. There are ways of protecting yourself so that you can get out and start living your life safely. If you find yourself in this type of scary situation please contact our firm today for assistance.

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How is Custody Decided?

If you have children, and are going through a divorce or separation a major thought on your mind is probably what is going to happen with the kids? Who is going to get custody? How is custody decided? What are the different types of custody schedules? These are all very valid and important questions and I know these thoughts can cause anxiety, fear and worry as well. This will give you a little overview on how custody in Pennsylvania is decided to inform you of more information and try and answer some of your questions.

There are several factors that the courts in Pennsylvania consider when deciding on custody. The standard the court uses to determine overall is the best interest of the child. The court will always consider what is in the best interest of the child when determining custody. Using the standard of the best interest of the child there are 16 factors that the court will look to when trying to determine custody. The following are the 16 factors the court will use look to:

  • Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
    • They will look which parent actively promotes a relationship with the other parent. The courts do not like to see that one parent is preventing or intentionally hurting the relationship between the other parent and child.
  • The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
  • The parental duties performed by each party on behalf of the child.
    • They will look at who takes them to school, helps with homework, schedules and takes them to doctor’s appointments. Basically what the parties do for parental duties.
  • The need for stability and continuity in the child’s education, family life, and community life.
  • The availability of extended family.
  • The child’s sibling relationships.
  • The well reasoned preference of the child.
    • Depending on the child’s age and maturity a Court may consider their opinion as part of the decision. The decision will not solely be based on the opinion or preference of the child but could be considered.
  • The attempts of a parent to turn the child against the other parent, except in the cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
  • Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
  • Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
  • The proximity of the residences of the parties.
  • Each party’s availability to care for the child or ability to make appropriate child care arrangements.
  • The level of conflict between the parties and the willingness and abilities of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
  • The history of drug or alcohol abuse of a party or member’s of a party’s household.
  • The mental and physical condition of a party or member of party’s household.
  • Any other relevant factors.
    • The Court will consider any other relevant factors in order to determine what is in the best interest of the child.

These sixteen factors are what the Court considers when determining custody of a minor child. At a hearing evidence is presented and a Judge will consider that evidence with these sixteen factors. If you find yourself in a custody situation in Bucks County and need representation please call our firm today to schedule your free consultation.

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Types of Custody

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If you have children, and are going through a divorce or separation a major thought on your mind is probably what is going to happen with the kids? Who is going to get custody? How is custody decided? What are the different types of custody schedules? These are all very valid and important questions and I know these thoughts can cause anxiety, fear and worry as well. This will give you a little overview on the types of custody in Pennsylvania to try inform you of more information and try and answer some of your questions.

First of all, there are two types of custody. There is legal custody and physical custody. Legal custody is the right to make decisions for child. Decisions such as where your child attends school, what doctors your child sees, if they are involved in any religious activities are all examples of what would fall under the category of legal custody. Usually legal custody is shared between parents, however in some circumstances legal custody may be solely awarded to one parent.

Next, there is physical custody. Physical custody refers to who the child is physically with. Typically, in any court order there would be an included physical custody schedule. The first kind of physical custody is sole physical custody. This is where one parent has physical custody of the child 100% of the time. Another form of physical custody is shared legal custody where parents share physical custody time. The two common schedules with shared physical custody are 50/50 or a primary/partial schedule. In a 50/50 physical custody schedule the parents share custody and each have the child 50% of the time. A common schedule for this is called a 2, 2, 3 schedule where one parent has the child Monday and Tuesday night, the other parent Wednesday and Thursday night and then the parents alternate week to week who has the child Friday through Sunday. There are other schedules that can be worked out as well. With a primary/partial schedule this is where one parent has physical custody time more than the other. An example of this type of schedule would be where one parent has custody every other weekend. A third custody arrangement could also be supervised visitation. This would mean that one parent would have custody of the child however the other parent has the right to visit with the child so long as they are properly supervised.

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What Happens If My Protection from Abuse Order is Violated?

Being in an abusive relationship is very scary, stressful and difficult. You may have found yourself in an abusive relationship suffering from abuse from your partner, either physically, mentally or emotionally. If you are in an abusive relationship you can and should seek protection from the court. A Protection from Abuse order (PFA) is an order from the court that orders the abuser to have no contact with you. These orders can last anywhere up to 36 months. If you are in an abusive relationship and seek protection, a PFA is a way to get peace of mind that your abuser will stay away from you.

You may be wondering, even if you get a PFA your abuser might not follow it. What happens then? If the person you have a PFA against in any way violates any part of the order they could be found in contempt. You would want to file a contempt complaint with the court. That person would then be ordered to a hearing about the contempt where testimony could be presented regarding the particular contempt violation. The consequences for a contempt violation vary on the seriousness of the violation in particular. Those consequences range from extension of the PFA, fines, and incarceration.  by Meghan Fleming

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What is CYS?

All parents dread being contacted by Children and Youth/DHS. It is the dread of a stranger misunderstanding or misinterpreting a situation they observe. There are a couple of things everyone must understand. The concept of mandatory reporters. There are certain professions, such as teachers, doctors, nurses, and therapist, that are licensed by the state. They are required by law to report even the suspicion of child abuse/neglect. If they fail to report, they could end up losing their license to do the job they love. Therefore, the mandatory is more likely to air on the side of caution and report.

The next thing to know is that Children and Youth is required by law to investigate any complaint made. When they investigate, they will talk to all the parties involved. They will want to speak to the child (age dependent) and the parents. They will also want to see the residence to make sure it is appropriate living space for a child. You are not required to allow them to enter your house or to speak to them until there is a court order saying otherwise. However, it is not recommended that you take this adversarial stance. They will assume you are doing so because you have something to hide. Once the Courts are involved with an Order, the process escalates into something much more If you are contacted by Children and Youth/DHS, immediately contact an attorney to discuss the best way to handle the situation.  by Russell Manning

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