Temporary and Final PFA Orders in Pennsylvania

Protection From Abuse (PFA) orders are court-mandated legal rulings typically issued between two individuals who share a “domestic relationship.” The Commonwealth of Pennsylvania aims to protect its residents, specifically those in Berks County and surrounding areas, from potential harm such as harassment, stalking, or terroristic threats. This is achieved by placing significant restrictions on the civil liberties of the person accused of the abuse. While these are similar to restraining orders found in other states, PFA cases are strictly concerned with incidents of domestic violence. If you or a loved one has been served with a PFA, it is critical to seek advice from an experienced legal professional. They can offer a clear explanation of this complicated court order and guide you on what you are legally permitted to do.

The two most common forms of PFA orders issued by the civil courts are Temporary and Final PFA orders. At Mountaineer Law Group, we have gathered the essential details regarding both types to help you stay informed and calm during this difficult legal journey.

Temporary PFA Orders

When you are served with a temporary PFA, it carries specific and immediate implications that you must understand:

A temporary PFA is generally effective for a period of up to 10 days. During this window, you are required to have absolutely zero contact with the plaintiff (the person who filed the order), your ex-partner, and often your children, if they are included in the order. A formal court hearing will be scheduled to decide if the case requires a Final PFA. To navigate this critical stage, it is vital that you consult with a Morgantown criminal lawyer. The hearing process can be incredibly stressful and confusing, and having professional legal representation drastically lowers the risk of facing severe penalties or further legal punishment.

Final PFA Orders

A Final PFA order is a much more permanent and restrictive ruling imposed on a defendant. The court may mandate the following provisions:

• No Contact: You are prohibited from visiting, contacting, or communicating with the plaintiff in any way, including via text, email, or social media platforms.
• Custody Changes: The order may grant temporary custody of minor children to the plaintiff, even if their parenting capabilities are in question.
• Firearms: You will be subject to the mandatory surrender of all firearms and weapons to ensure the safety of the plaintiff.
• Mandatory Treatment: You may be required to attend anger management classes, batterer’s intervention programs, or counseling sessions aimed at curbing violent behavior.

The duration of a Final PFA order can last up to three years or even longer, provided you adhere to the conditions. However, navigating the legal system requires versatility; much like you would need a specialized Morgantown DUI attorney for traffic-related offenses, domestic violence cases require a specific, aggressive defense strategy to protect your future.

Defense Against PFA Orders

To successfully challenge both temporary and final PFA orders, attendance at all scheduled court hearings is non-negotiable. It is highly advised to retain the services of a skilled Morgantown criminal lawyer who can build a robust defense for you.

Regarding temporary PFA cases, the court hearing will be set to occur within ten days of the initial order. If you fail to appear at this hearing, the judge may issue a Final PFA order by default. This results in long-term restrictions on your civil rights and prevents you from seeing your spouse or children. To ensure the best possible chance of a positive result, enlisting a reputable attorney is essential.

Sean Logue, a leading defense attorney in the region, has the expertise required to craft strong legal strategies for your defense. Whether you are dealing with domestic allegations or need a Morgantown DUI attorney, we are ready to help. If you or a family member is facing a PFA order, contact us immediately at (304) 381-3656 for assistance!