Tag Archive for: domestic abuse

No-Contact Order vs. Protection From Abuse (PFA) Order: What’s the Difference in Pennsylvania?

You’re scared, and you need to put distance between yourself and your spouse in fear that they will hurt you or your children. You know that filing some type of restraining order can help, but you are unsure about which one is appropriate and how the two differ. The idea of navigating the court system and following all the rules can also feel daunting. 

A Protection From Abuse (PFA) order and a no-contact order could both bring you peace of mind. Learn the difference between no contact vs. PFA in Pennsylvania, then seek legal assistance.  

What Is a PFA?

A Protection From Abuse (PFA) order is a court order that prohibits an abuser from coming into physical contact with you. This is a type of restraining order and is often used in cases of domestic violence. PFAs last up to three years and are available to individuals 18 or older or teens and children when accompanied by an adult. 

When you file for a PFA, a police officer will serve notice to your abuser. They must attend a PFA hearing, where a judge will hear both sides and determine whether to issue the court order. If you are in immediate danger, you can also seek a temporary PFA that would go into effect immediately.

PFA orders prevent the abuser from entering your home, school, and/or place of work. If you live with the abuser, they will need to vacate the home. You will also gain custody or visitation rights of your children during this period. 

However, if the defendant fights this restraining order, the judge may not grant it unless you can provide evidence of a physical threat or assault. 

PFAs offer victim protection, but they aren’t the only type of protective order in Pennsylvania. Ask your attorney whether a Sexual Violence Protection Order (SVPO) or Protection From Intimidation Order (PFI) may be better. 

What Is a No-Contact Order?

A no-contact order is a protective order that prohibits a person from contacting you in person, by phone, or by any other means. The main difference between a no-contact order and a PFA is that a no-contact order can only go into effect after a violent act has occurred, not just after the threat of an action. 

No-contact orders go both ways — neither of you can contact each other. This protective order seeks to prevent future crimes. You may seek a no-contact order while waiting for a judge to issue a PFA.

If your abuser violates a no-contact order, they may be found in contempt of court, which can lead to jail time and fines. 

Do you need help understanding the difference between a no-contact order and a PFA? Are you seeking an appropriate protective order? Karen Ann Ulmer, P.C., is on your side and can help you navigate every step of this legal process. Contact our Pennsylvania attorneys today at (866) 349-4721 to schedule a consultation. 

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How To File for a Protection From Abuse/Restraining Order in PA

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Filing for a restraining order — legally called a “Protection From Abuse” (PFA) order here in Pennsylvania — can keep you and your children safe from an abuser. Initially, the process of filing for a restraining order in Pennsylvania may sound overwhelming or confusing. But it actually just involves a few simple steps, and once you complete them, you can gain peace of mind. 

What a Restraining Order Can Give You

You can file for a restraining order against an intimate partner or a family member, including a spouse or ex-spouse, parent, child, domestic partner, or person related by marriage. In Pennsylvania, these orders do not protect victims who experience abuse from a stranger or a person with whom they are not “intimately involved.”

A restraining order or PFA offers these protections:

  • The abuser cannot go near the victim’s home — even if the abuser owns it.
  • The abuser cannot have any contact with the victim or their kids.
  • The abuser will need to turn over their weapons.

A judge may order a restraining order to stay in place for up to three years to protect the victim’s safety. In some cases, a victim can use a restraining order to require the abuser to provide financial support. 

How To File for a Restraining Order in Pennsylvania 

If you are in immediate danger of domestic violence or abuse, you will file for a temporary PFA that will go into effect instantly. A judge will review this temporary order at a hearing and determine whether to order a final PFA. 

This is the process to file for a temporary PFA:

  1. You will fill out a petition: If you are filing on a weekday, go to the courthouse to fill out a petition for a restraining order. If you are in immediate danger on an evening or weekend, call the police; they can provide protection until you file at the courthouse the next weekday. 
  2. A judge will review the petition: A judge may ask questions about your reasons for filing the petition. Then, they will grant or deny the temporary PFA and schedule a final hearing within 10 business days. 
  3. The sheriff will deliver the petition to your abuser: A local sheriff will deliver the temporary PFA order, a petition, and the notice of the final hearing to your abuser. 
  4. You will attend the final hearing: You can have an attorney and/or a domestic violence advocate with you at the final hearing. If you and the defendant agree on the terms of the order, the judge will grant it; if either party disagrees, they will share their account with the judge. Your attorney can provide evidence of why the restraining order is necessary.

Your abuser does not need to be present when you file. However, they can attend the final hearing. 

Karen Ann Ulmer, P.C., Can Help You Through This Process

We understand that filing for a PFA (Protection From Abuse) can be scary and overwhelming. Our compassionate attorneys at Karen Ann Ulmer, P.C., are here to guide you through the process and provide legal representation. Contact us today at (866) 349-4265 for assistance filing for a restraining order. 

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You Thought It Would Be Over, But the Abuse Continues

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You suffered abuse while you lived together. Now you are separated. You might be going through the divorce process, or you have completed it. You have taken multiple steps to put this nightmare behind you. But your ex just can not let go of degrading or demonizing you.  

The Abuse Can Happen in Many Different Ways 

The abuse may have gotten worse since the separation. If the two of you have kids, they may be part of this brutal play your spouse stages. Your ex may: 

  • Belittle, undermine, and criticize you at every opportunity. 
  • Expose your children to unsafe situations or people who cause you fear and concern. 
  • Use intimidation, threats, violence, ridicule, and manipulation to force the children to comply with their wishes. 
  • Prevent your child’s social interaction to maintain control.  
  • Stalk you physically or electronically by bombarding you with emails, calls, threats, and abusive messages. 
  • Physically confront you at your home, in a public space, or at your workplace. 

The abuse is only limited by your ex’s imagination and what they think they can get away with. 

What Can I Do About It? 

Document what is going on. Keep text messages and emails. Take screenshots of abusive social media posts. Write a journal and describe what is happening, how you are responding, and the stress and pain you are enduring.  

If you are harassed in person, use your smartphone to (as discreetly as you can) record conversations. To be legal, both parties must consent to phone calls being recorded. You can use an app to record what is being said on a call, but your ex must be told about it. They may hang up or not care, and they will continue the verbal abuse. If your ex comes to your home, you can set up security cameras to record what they are doing and when. 

If your children are sucked into this tornado, we can help you seek sole custody and, if we cannot end visitation, limit it and ensure that a third party supervises it. If there is no custody order, we can start the process. If there is one, we can ask the court to modify it. Your chance of success increases with more extreme and better-documented behavior. 

Judges decide custody and visitation issues based on a child’s best interests. Being subjected to this kind of behavior and language is harmful and damaging, not just now but potentially for the rest of their lives. 

If you feel you or your child is in danger, you have been threatened, struck, sexually abused, or your spouse refuses to leave your home, call the police. Provide them with images, videos, photos, and journal entries to establish what is going on and for how long. If there are witnesses, name them and provide contact information.  

Although a prosecutor can proceed with a domestic violence case without a victim’s cooperation, it rarely happens because it is so difficult. Follow through, file the reports, and cooperate with the police and prosecution. If your ex sees criminal charges result from their words and actions, they should come to their senses. 

We can help you file a protection from abuse order. Through the order, you may gain temporary custody of your kids, which will require your ex to stay away from you wherever you are. 

Compassionate Advocacy From Lawyers Who Care 

If your ex is abusing, stalking, or physically assaulting you, we can help. Call our office at (215) 515-5172, book an appointment online, or fill out our contact form today. We can meet in our office or speak with you by phone. 

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