Tag Archive for: PFA

Do you feel that your life or safety is threatened by a loved one, family member, or someone who is close to you?   

If so, a restraining order or a Protection From Abuse (PFA) Order requires an abuser, or potential abuser, to stay away from you and leave you alone. If an order is in place and violated, the person can be arrested. It is not a perfect solution to domestic violence, but victims are in a better position when one is in force. 

What is a PFA? 

A PFA is a court order giving protective “relief” to victims (and their children) for up to three years if the order is made final. You can file for a PFA order from the court for yourself and/or your children, but the forms are complicated, so you should seek legal help. The order could make it illegal for the alleged abuser to contact, abuse, or harass you and your children. The abuser could also be ordered to return your personal property.  

Who Must be Involved to Qualify for a PFA? 

The incidents must involve: 

  • Family or household members 
  • Sexual or intimate partners  
  • Parents of the same child or children 

They can be: 

  • Married or divorced  
  • Domestic partners who never married 
  • Current or former sexual or intimate partners 
  • Same-sex partners 
  • Parents, children, or siblings 

If your situation does not involve these individuals, other orders may help: 

  • Adults and minors could ask a court for a Sexual Violence Protection Order if a stranger, acquaintance, or co-worker committed a sexual assault.  
  • A Protection From Intimidation Order can help minors if they are stalked or harassed by a non-relative like a neighbor, coach, or someone known by the family who is 18 or older. 

In addition to these orders, if a crime happened, the police can be called to the scene, and the abuser may be arrested. If the incident is in the past, a police report can be filed, which may also lead to an arrest. 

What Situations May Lead to a PFA? 

If you are going through these circumstances or have recently, you should consider getting a PFA: 

  • The person caused or is trying to cause you physical injury. 
  • You are in fear of imminent serious bodily injury. 
  • You are the victim of sexual assault or rape. 
  • The person is stalking you. This is engaging in conduct or repeatedly communicating to another in circumstances showing an intent to put the person in reasonable fear of physical harm or cause substantial emotional distress.  
  • Your child suffered physical or sexual abuse. 
  • The person is interfering with your freedom of movement. 

Please call our office if you have any questions or doubts about whether your situation is severe enough to qualify for a PFA. 

How to File for a PFA in Bucks County 

The Bucks County Court of Common Pleas Domestic Relations Division in Doylestown is the right place to file a completed PFA form if the county is where: 

  • You work or live (It must be where you live if you are asking the court to order the abuser to leave your home.) 
  • The abuser works or lives so they can be served court filings 
  • The abuse took place 

If it is an emergency and the court is closed, there are time-limited orders that a District Justice can grant. 

You will get a hearing date in Doylestown. The judge may have additional questions and may grant your request for a temporary court order. The abuser is served with the order, and another hearing will be scheduled with both parties to determine whether it should be made final with a term of up to three years.  

Often the parties will negotiate terms of an agreement which the judge may make part of the final order. If there is no agreement, both parties will give their side of the story, and other testimony and evidence may be submitted. The judge would decide whether to extend the PFA and, if so, under what conditions and length. Attorneys can represent both parties. 

What if the Abuser Violates the PFA? 

You should contact the police. If enough evidence shows the order was violated, officers can arrest the person who would be charged with indirect criminal contempt. If those charges go to trial, you may need to testify. 

Like most arrests, the abuser will probably be released from custody after being processed. If you feel you may still be in danger, you should contact a domestic violence advocate to discuss what you can do to protect your safety. 

Is My PFA Order Valid in Another State?  

Your order is valid across the state and in every other state, and on tribal lands. If you travel or move, you should have a copy of the order certified by the court (it has the court’s seal) and others with you in case it becomes an issue. 

If you think you will need a PFA, or you want legal representation because you have been served with one or have a PFA hearing, contact Karen Ann Ulmer, P.C., Attorneys at Law. We can help protect your rights and safety and those of your children. 

Any party experiencing abuse by a partner/spouse (current or former), family member related by blood or marriage or person with whom you share a child may obtain a Protection from Abuse (PFA) Order. The first step is to file a PFA petition with the court. After you have filed, the court will determine if a temporary order should be put in place right away. Specifically, 23 Pa. C.S. 6107 (b) requires the court to conduct an ex parte hearing to determine if a temporary order is warranted. This hearing is only attended by the filing party. It is now required to safeguard the defendant’s due process rights by way of questioning the filing party as to the truth of their petition.

A final PFA hearing is to be held within ten (10) days. The Defendant has a right to appear at the final hearing and defend themselves. The Sheriff’s office is regularly tasked with making sure Defendants are served with notice of the final hearing date as well as any temporary order if applicable. Bucks County has a great program available where attorneys volunteer to offer pro bono representation to PFA Plaintiffs and Defendants. You may also hire a private attorney for assistance in your PFA matter. A Final PFA Order may issue for a period of up to three (3) years. While a PFA Order is initially civil in nature, violations of a PFA Order may result in criminal charges.

Pennsylvania’s Protection from Sexual Violence and/or Intimidation Act (PSVI) became effective this month. The Act allows victims to obtain a civil no-contact order for up to three (3) years. Adults and minors can petition for an Order on the basis of sexual violence. Only minors may obtain an Order on the basis of intimidation provided the offender is over 18 years old. There is no filing fee to file. A temporary Order can be granted following an ex parte hearing. A final hearing must be held within ten (10) days of when the Petition is filed. The victim must establish sexual violence and/or intimidation by a preponderance of the evidence.

The Protection from Abuse (PFA) Act also provides a civil remedy in the form of a stay away order however the PFA Act can only be utilized if there is a certain relationship between the victim and the offender. The PSVI Act does not restrict protection based on relationship of the parties involved. Sexual violence for purposes of the PSVI Act includes but is not limited to rape, involuntary deviate sexual intercourse, sexual assault, indecent exposure, and unlawful dissemination of an intimate image. Violation of a PSVI Order can carry criminal consequences. Pennsylvania is the 34th state to pass such an Act to provide some protection for victims of sexual assault since many cases do not make it into the criminal justice system.

Click here to read more about Protection from Abuse.

Chapter 1900 of the Pennsylvania Rules of Civil Procedure discusses the appropriate method in pursuing a Protection from Abuse (PFA) matter. The first issue addressed is venue and outlines where a PFA action can be initiated. Under Pa. R.C.P. 1901.1, a PFA may be filed in the county where the Plaintiff resides, where the Defendant resides or may be served, where the abuse occurred, or if exclusion from a residence is desired, in the county where the residence is located. The complaint should be filed at the Prothonotary’s Office of the local courthouse during business hours or at the local district court if after-hours or on weekends. There is no filing fee payable by the Plaintiff.

Once the complaint is filed, any temporary order and notice of the final hearing should be served on the Defendant. The Sheriff is able to effectuate the service. The Rules provide that the final hearing should occur within ten (10) days of the petition being filed. The Plaintiff must prove abuse beyond a preponderance of the evidence. Abuse is defined as attempting to cause bodily injury, placing another in fear of imminent bodily harm, false imprisonment, child abuse, or a course of conduct placing one in fear of harm (e.g. stalking or harassment).

Click here to read more on PFAs.