Appealing a Final PFA Order in Berks County, Pennsylvania

Protection From Abuse (PFA) orders are common legal instruments issued by the State of Pennsylvania. Their primary purpose is to safeguard victims of domestic violence from harm, whether that abuse is physical or psychological. In the last year alone, there has been a notable 33% surge in applications for PFA orders. Under a court order established in 1990, state police and local governing units are required to assist both the plaintiff (the person filing) and the defendant in adhering to the rules set out in the PFA.

At Mountaineer Law Group, we understand how overwhelming and worrisome it is to be served with a PFA order. To make this process easier for you to digest, we have developed a comprehensive guide to help you navigate your PFA court hearing. After reviewing this information, it is essential that you secure a reputable Morgantown criminal lawyer to provide you with the strongest possible defense.

Why is the Final PFA Order Hearing Important?

Once a plaintiff files for a temporary PFA, the court immediately places restrictions on you. You are prevented from contacting the accuser and may be barred from seeing your minor children, if applicable. This initial “ex-parte” order is issued without you present. However, your primary opportunity to tell your side of the story happens at the hearing for the final PFA order, which usually takes place 10 business days later. Because the timeline is short and the stakes are high, retaining a skilled attorney to guide you is crucial.

The initial hearing for the final order is the most significant moment in your case. Taking a steadfast stance during this stage greatly improves your chances of a favorable result. Your legal counsel will have the opportunity to present various types of evidence to support your defense, including neutral witness testimony, personal accounts, video evidence, and relevant documents. Your presence is mandatory, and utilizing the expertise of a Morgantown DUI attorney, who is well-versed in local defense laws, can help ensure your rights are protected throughout the legal proceedings.

Why Should You Appeal a Final PFA?

Facing a final PFA order comes with serious consequences. It restricts your ability to contact the plaintiff and can negatively affect your custodial rights. To avoid these severe penalties, it is often in your best interest to contest the order. You typically have two main options to consider:

Motion for Reconsideration

With the assistance of a Morgantown criminal lawyer, you can argue that the judge issued the order against you incorrectly due to a ‘mistake of law.’ This can be a difficult argument to win, but with experienced legal representation, you may be able to turn the decision in your favor.

Superior Court Appeal

Alternatively, you can file an appeal with the Prothonotary’s office. You must do this within the first 39 days. Be prepared to assemble legal briefs and supporting documents, as these are necessary to significantly increase your chances of a successful appeal.

Get the Help You Need Today

Sean Logue is the trusted ally you need to defend yourself against these serious PFA charges. Take action today by dialing Toll-Free: (304) 381-3656 for a free consultation. Let a Morgantown DUI attorney help you navigate the complicated landscape of domestic violence charges and ensure a brighter future ahead.