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Ways a PFA Order Can Be Vacated in Pennsylvania
Understanding the Seriousness of Domestic Violence Crimes
Domestic violence-related crimes are considered as some of the most severe offenses in Pennsylvania, ranking them alongside top hate crimes within the state. Protection from Abuse (PFA) orders serve as a crucial mechanism for victims of both physical and mental abuse, offering a legal route to enforce no-contact mandates against their abusers. However, being served with a PFA order can be life-altering for the accused. If you find yourself dealing with the stress and confusion of a PFA order, contacting a reputable Greensburg DUI lawyer is essential.
At Logue Law Group, we offer detailed information on PFA charges and the procedures to request a reconsideration or vacation of the order by the state. These matters necessitate the expertise of an experienced Greensburg criminal lawyer.
What is a PFA Order?
A Protection from Abuse order is an important initiative by the state to protect its citizens from potential domestic abuse threats. The duration of the protection is decided by a judge and jury, and the accused must comply with all stipulated rules and regulations in the order.
The court system aims to ensure fairness, providing both the plaintiff and the accused ample opportunity to present their cases. It’s critical to engage a professional Greensburg DUI lawyer who can offer you just representation.
The duration and penalties associated with the PFA order typically depend on two factors:
- The nature of the domestic relationship between the involved parties.
- The occurrence of a domestic violence incident.
It’s crucial to understand that domestic violence isn’t limited to physical harm. It can also include stalking, online threats, persistent attempts to meet the plaintiff, and more. As the defendant, strict adherence to the law is essential to avoid severe consequences.
How to Vacate a PFA Order?
Although rare, there are situations where the court might reconsider your case. The civil courts of Pennsylvania may grant the vacation or reconsideration of a PFA order under specific conditions:
You Were Unaware of the Hearing
After filing a temporary PFA, it’s essential to attend the hearing for the final PFA order. Usually, there’s a gap of 10 days between the two court hearings, although this period can vary based on the case’s severity. If the police fail to notify you of the new hearing date on time, the court will extend the temporary PFA to a new date.
You Have a Legitimate Reason
If your Greensburg criminal attorney can demonstrate a valid cause for your absence at the previous hearing, the court may reconsider. However, these reasons need to be substantial and not frivolous.
Improper Jurisdiction
You can successfully vacate a PFA order if the court didn’t properly serve you. However, you must provide evidence of unsatisfactory court service.
For a robust defense in court and effective case reconsideration, trust the expertise of Sean Logue, a seasoned Greensburg criminal lawyer. Contact us at (844) 748-8384 today!.