Types of PFA Orders and the Consequences

Getting served with a Protection from Abuse (PFA) notice is a critical situation that demands instant attention and professional legal help. If you fail to get guidance before your scheduled court appearance, your entire life could be turned upside down. These orders are usually filed by someone with whom you share a close relationship and act as a stern legal warning to stop all contact. In the absence of a specific section of the law dedicated solely to domestic abuse, Pennsylvania courts utilize PFAs as a tool to prevent household violence and keep the alleged abuser away from the victim, particularly in areas like Berks County.

At Mountaineer Law Group, our team has gathered essential details about the different categories of PFA orders and the repercussions attached to them.

Kinds of Protection from Abuse Orders

Emergency Protection Act

As the title implies, this act is utilized in urgent situations and generally remains active until the end of the business day or the next court session. An on-call district judge issues this PFA order based on the immediate need to prevent alleged abuse. If the judge believes that the victim is in serious danger of physical or psychological harm, an emergency PFA can be issued without requiring physical evidence or a statement from the accused.

If you have been served with an emergency PFA, it is vital that you speak with a Morgantown criminal lawyer at your earliest opportunity. Attorney Sean Logue has managed numerous cases just like yours and can offer the necessary legal backing you need.

Ex Parte Temporary Protection Act

This specific type of PFA order is requested by the alleged victim through the court system, with the goal of securing a more permanent solution. To validate the claim of abuse, the victim must present substantial evidence (ex parte) to the judge. Getting advice from a reputable legal professional is essential during this process. Surprisingly, the skills required to defend these cases are often found in a seasoned Morgantown DUI attorney, as they are accustomed to dissecting evidence and court procedures. If there is not enough solid proof, the judge may not impose harsh penalties. However, if the judge rules in favor of the victim, an ex parte temporary protection order will be issued against you.

Final Protection Act

When you are dealing with a Final Protection Act (PFA), knowing your rights and the potential fallout is essential. The court’s ruling, which is intended to provide a “final” resolution favoring the victim, can remain in effect for up to three years, though appeals are possible. However, challenging a PFA requires the backing of a skilled Morgantown criminal lawyer who can navigate the intricacies of the legal system on your behalf.

Consequences of PFA Charges

A PFA order mandates strict restrictions to ensure the safety and well-being of the victim. These consequences include:

• Strict prohibition against harming, stalking, or harassing the victim or any minor children involved.
• An enforced separation that prohibits you from living in the same residence as the victim.
• A requirement to provide suitable housing for the alleged victim if they are your spouse or live-in partner.
• Immediate temporary custody rights of any children involved are granted to the victim.

What Should You Do When a PFA Case Gets Filed Against You?

When you are facing a PFA case, it is critical to seek the guidance of a professional lawyer who is experienced in handling these sensitive matters. Attorney Sean Logue has successfully represented many clients in similar situations and can provide you with the best advice tailored to your unique circumstances. While many know him as a top Morgantown DUI attorney, his expertise extends to domestic defense. Call (304) 381-3656 to schedule a free consultation with Attorney Logue today.