What is a PFA?
A Protection From Abuse (PFA) Order is a civil order issued by a judge that is meant to protect the abused party (the plaintiff) by placing restrictions on the abuser (the defendant). They are often referred to as domestic violence restraining orders. Most commonly, it orders the defendant not to have contact with the plaintiff. However, evictions, firearm restrictions, and other remedies may be called for. There are criminal consequences to violating a PFA.
Who can get one?
A plaintiff may obtain a PFA against a defendant if they are “family or household members”. Such a categorization exists if they:
- are current or former spouses,
- live or have lived as spouses (like long-term live-in partners),
- are parents, children, related by consanguinity (by blood) or affinity (in-laws),
- are current or former sexual or intimate partners (boyfriend/girlfriend), or
- have shared biological parenthood (siblings).
A plaintiff may also file on behalf of his/her minor children.
What needs to happen to be able to get a PFA?
A plaintiff must prove by a preponderance of evidence (just over 50%) that the defendant abused him/her. Abuse occurs by any of the following acts:
- Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault, or incest with or without a deadly weapon.
- Placing another in reasonable fear of imminent serious bodily injury.
- The infliction of false imprisonment.
- Physically or sexually abusing minor children.
- Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.
Where does one file a Protection From Abuse petition?
A plaintiff can file a PFA in the county where the plaintiff or the defendant lives or works. Or, the plaintiff can file it where the abuse occurred. An order can only evict the defendant from home if the petition originated in the county where the home is located.
How does one file for a PFA?
Most counties have an office dedicated to PFAs in the courthouse. One must go in person and fill out the necessary paperwork, including the defendant’s information and a description of the abuse that occurred. The petition then goes to a judge, who will make an ex parte (meaning, not in the presence of the opposing party) determination of whether the circumstances warrant a temporary PFA.
Regardless, the court schedules a hearing within the following ten business days. The plaintiff must prove that the defendant abused him/her. Then, the defendant has the opportunity to challenge such evidence and present his/her own evidence. The judge will make a determination based on what evidence the parties present at the hearing.
If a person needs a PFA outside of normal court/business hours, the plaintiff may call the police to ask which local magisterial district justice is on call and appear before him/her to request an emergency order.
Our attorneys can assist with the preparation and filing of PFA Petitions, and can represent you throughout court proceedings if you wish.
How long does a PFA last for?
An emergency order is valid until the next business day, at which time the plaintiff must pursue normal channels. A temporary PFA is valid until the hearing where the judge decides whether to issue the Final PFA. The final PFA, if granted, may last for a period of one to thirty-six months, subject to judicial discretion. A judge can extend, modify, or terminate a PFA upon an appropriate petition by either party and following a hearing.
What types of relief are available?
Depending on the circumstances, a PFA may include any of the following provisions:
- Directing the defendant to refrain from abusing the plaintiff or minor children.
- Evicting the defendant of granting possession of a residence or household to the plaintiff.
- Awarding temporary custody of or establishing temporary visitation rights with regard to minor children.
- Directing the defendant to pay financial support to those persons the defendant has a duty to support.
- Prohibiting the defendant from having any contact with the plaintiff or minor children, including, but not limited to, restraining the defendant from entering the place of employment or business or school of the plaintiff or minor children and from harassing the plaintiff or plaintiff’s relatives or minor children.
- Ordering the defendant to relinquish to the sheriff his/her weapons, firearms, ammunition, and firearms licenses, and prohibiting the defendant from acquiring or possessing any of the same.
- Directing the defendant to pay the plaintiff for reasonable losses suffered as a result of the abuse.
- Directing the defendant to refrain from stalking or harassing the plaintiff and other designated persons.
- Granting any other appropriate relief sought by the plaintiff.
Where is a PFA valid?
A PFA should be entered into a statewide database through the Pennsylvania State Police, and as such, should have full force and effect in Pennsylvania counties outside of the issuing county. The laws of other states would dictate whether a PFA issued in Pennsylvania would apply to conduct in such a state.
What happens if someone violates a PFA?
Violating a PFA is contempt of court. In essence, it is a violation against not the plaintiff, but against the court, who issued the order. Therefore, the criminal offense would be indirect criminal contempt, and like any crime, the police may investigate the accusation and take appropriate action as they see fit.
Alternatively, the aggrieved party may attempt to file for a civil contempt hearing before a judge. The sentence for indirect criminal contempt of a PFA, filed by the police, may include a fine ranging from $300 to $1000 and/or imprisonment or supervised probation for a maximum of six months. If it’s a civil contempt filed by the plaintiff, imprisonment for up to six months is authorized but there is no fine.
If the conduct that gave rise to the charge of indirect criminal contempt also constitutes another crime (for example, assault, stalking, or harassment), a defendant may be charged with any or all offenses. Disposing of a PFA contempt in court may preclude future prosecution for related crimes because of “double jeopardy.” If you face PFA contempt charges, our attorneys can help make sure you don’t face punishment twice for the same act.
What must be proven for violating a PFA?
A defendant may be convicted for PFA contempt if it is established beyond a reasonable doubt that:
- There was a valid Order in effect covering the correct parties, dates, and jurisdiction.
- The defendant had notice of the Order.
- The defendant’s conduct violated the terms of the Order.
While the information above provides a basic overview of the laws concerning PFAs, it is not legal advice. For further clarification or legal advice, please contact our PFA attorneys at Fairlie & Lippy, P.C.