PFA FAQ’s For Victims in Pennsylvania

If you are currently facing harassment, threats, or abuse from a person you live with, a Protection from Abuse (PFA) order serves as a critical safety net. The state of Pennsylvania treats domestic violence with the utmost seriousness, prioritizing the physical safety of its residents above all else. By filing a PFA against an aggressor, you obtain enforceable legal security. It is vital to have a trusted legal advocate in your corner to defend your rights during this time. While civil courts can sometimes struggle to navigate the emotional complexities of family dynamics, the PFA process is designed to move rapidly. Therefore, it is essential for you and your legal counsel to sit down, strategize, and move forward based on the evidence at hand.

Still feeling uncertain? Mountaineer Law Group is available to answer your questions with this comprehensive guide to Frequently Asked Questions regarding Protection from Abuse orders.

Is a PFA order the same as a restraining order?

In Pennsylvania, these are two distinct legal concepts. PFA orders provide specific rights within the state designed to ensure safety from abuse. The primary focus of a PFA is domestic cases. This differs from standard restraining orders, which do not necessarily involve domestic situations or family members. To understand the best route for your safety, speaking with a Morgantown criminal lawyer is often the necessary first step to ensure you are filing the correct paperwork.

I need protection from my abuser. What should I do?

If you are residing in Berks County or anywhere in Pennsylvania and need to escape a dangerous environment, filing a PFA order is the solution. There are three specific types of PFA orders: Emergency, Ex-Parte, and Final PFA orders.

• Emergency Order: If you are in immediate peril, you can file for this order. An on-call magisterial district judge will promptly approve the order, keeping your abuser at a safe distance immediately.
• Ex-Parte and Final Orders: These involve a longer legal process before a final verdict is reached.

By seeking the assistance of a professional Morgantown DUI attorney, you can navigate this complex system with greater ease and confidence.

How does a PFA protect me from the defendant?

A PFA order provides a legal shield against domestic violence—both physical and psychological—by ensuring there is no proximity between you and the accused. In many instances, the defendant’s civil liberties may be restricted to protect you from further harm. Common restrictions include:

• Surrendering all firearms.
• Immediate transfer of child custody.
• Eviction of the abuser from the shared household.

Any violation of the PFA order results in severe punishments and penalties levied against the accused. A dedicated Morgantown criminal lawyer can help ensure these terms are strictly enforced to maintain your safety.

Can I get long-term protection from my abuser?

Good news! With a Final PFA order, you can secure a no-contact directive from the state for approximately 3 years. This stringent measure is typically reserved for situations involving “grave threats.” When you file for a Final PFA, the civil court generally makes a decision within 10 days. You should anticipate full hearings and the presentation of evidence from both sides. To navigate this process successfully, having an experienced attorney by your side is crucial.

When it comes to legal defense, Attorney Sean Logue is a name you can trust. With his expertise, he will not only act as an excellent litigator but also ensure the safety of you and your children from future domestic threats. Furthermore, if you require a Morgantown DUI attorney, Attorney Logue has the versatile experience to assist with various criminal defense matters. Take the first step toward safety and call (304) 381-3656 now for a free consultation.