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Ways a PFA Order Can Be Vacated in Pennsylvania
Understanding PFA Orders and Their Impact
In Pennsylvania, crimes related to domestic violence are treated with utmost seriousness, often ranking among the top hate crimes in the state. The Protection from Abuse (PFA) orders offer victims of physical and mental abuse a crucial tool, allowing them to seek court orders for no contact with their abusers. However, once a PFA order is issued against someone, it can drastically alter their life. If you’re dealing with the confusion and stress of a PFA order, it’s essential to reach out to a reputable Kittanning criminal lawyer.
At Logue Law Group, we’ve gathered important information about PFA charges and how you might request the state to reconsider or vacate your order. Navigating these legal matters requires the help of an experienced Kittanning DUI lawyer.
What is a PFA Order?
A Protection from Abuse order is an important mechanism by the state to protect citizens from potential domestic abuse threats. The duration of the protection is determined by a judge and jury, and the accused must adhere to all conditions outlined in the order.
The court aims to be fair, providing both the plaintiff and the accused ample opportunity to present their cases. It’s crucial to have a competent Kittanning criminal lawyer on your side to ensure just representation.
Factors Influencing PFA Orders:
- Nature of Domestic Relationship: The type of relationship between the involved parties.
- Occurrence of Domestic Violence: An incident of domestic violence, which can include not just physical harm but also stalking, online threats, and persistent unwanted interactions.
Defendants must strictly comply with the law to avoid severe repercussions.
How to Vacate a PFA Order?
While it’s not common, there are situations where the court might reconsider your case. Pennsylvania’s civil courts generally allow for vacation or reconsideration of the order under specific conditions.
Missed Hearing Date
After filing a temporary PFA, attending the hearing for the final PFA order is crucial. Usually, there’s a 10-day gap between these hearings, although this might vary based on case severity. If the police fail to notify you of the new hearing date promptly, the court will reschedule the temporary PFA.
Valid Reasons for Reconsideration
If your kittanning DUI attorney can establish a valid reason for your absence at the last hearing, the court may consider revisiting your case. These reasons must be strong and not trivial.
Jurisdiction Issues
You might succeed in vacating a PFA order if the court did not properly serve you. It’s necessary to provide proof of inadequate “court service.”
Contact with us
For a robust defense and effective case reconsideration, seek the expertise of Sean Logue, a seasoned Kittanning criminal lawyer. Contact 844.PITT.DUI today!