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Ways to Vacate a PFA Order in Pennsylvania
Pennsylvania takes domestic violence-related crimes very seriously, classifying them as some of the more severe offenses in the state. Protection from Abuse (PFA) orders offer a vital lifeline to victims of physical or mental abuse, allowing them to request court-issued orders that mandate zero contact with their abusers. However, once a PFA order is filed, it can significantly impact the accused individual’s life. If you’re dealing with the stress and confusion of a PFA order, contacting a skilled criminal lawyer is a critical step.
At Logue Law Group, we aim to provide clear and thorough information on PFA charges and how you may be able to petition the court to reconsider or vacate your case. However, navigating these situations often requires the insights of an experienced Mercer DUI attorney.
What is a PFA Order?
A Protection from Abuse (PFA) order serves as a crucial measure by the state to protect individuals at risk of domestic violence. The length of protection granted is determined by a judge, and the person accused must adhere to all provisions listed in the order.
The legal system strives to uphold fairness, ensuring both plaintiffs and defendants are given the opportunity to present evidence and share their perspectives. To safeguard your rights, working with a Mercer criminal lawyer is highly recommended.
The duration of the PFA order and resulting penalties are typically guided by two essential factors:
- The specific nature of the relationship between the parties involved.
- Whether a domestic violence incident occurred.
It is worth noting that domestic violence extends beyond physical harm. The state recognizes several forms of abuse, including stalking, online threats, repeated attempts to meet the plaintiff, and more. For defendants, strict compliance with the law is critical, as failing to do so could lead to severe penalties.
Steps to Vacate a PFA Order
Although rare, there are specific circumstances under which Pennsylvania courts may reconsider or vacate a PFA order. Civil courts in the state evaluate such requests based on clearly defined conditions.
You Were Unaware of the Hearing
After a temporary PFA is filed, it is essential to attend the hearing for the final PFA order. Generally, a gap of 10 days is provided between these hearings, although this period can vary depending on the gravity of the case. If law enforcement fails to notify you of the updated hearing date in time, the court is often willing to extend the temporary PFA and reschedule the session.
Justifiable Cause for Your Absence
If you missed your hearing, providing a legitimate reason for your absence can lead to case reconsideration. However, the reason must be substantial—not something minor or frivolous. Your Mercer DUI attorney can help you demonstrate that your absence was justified, giving you the opportunity for a fair evaluation.
Jurisdictional Errors
Improper jurisdiction or failure in court services can provide grounds for vacating a PFA order. For instance, if the court did not properly serve you with notice, you may challenge the validity of the order. Presenting evidence that proves jurisdictional mistakes is critical in such cases.
Seek Professional Legal Guidance
Vacating a PFA order is a complex and sensitive process, one that requires a professional approach to ensure the best possible outcome. By collaborating with an experienced Mercer criminal lawyer, you can build a solid defense and present your case effectively in court.
At Logue Law Group, our lead attorney, Sean Logue, has extensive experience with cases involving PFA orders. Reach out today for guidance tailored to your unique situation. Call us at 844.PITT.DUI to schedule a consultation and take the first step toward resolving your case.
With the right legal support, you can approach this challenging situation with greater clarity and confidence.