Ways a PFA Order Can Be Vacated in Pennsylvania

Pennsylvania law treats crimes related to domestic violence with extreme seriousness. In fact, these offenses are often ranked among the most severe hate crimes committed within the state. Protection from Abuse (PFA) orders are designed to serve as a beacon of hope for victims suffering from mental and physical abuse, allowing individuals to obtain court orders that mandate zero contact from their abusers. However, once a PFA order is filed against a person, it can completely upend their life. If you are currently facing the confusion and stress associated with a PFA order in Berks County, it is critical to contact a reputable legal professional immediately.

At Mountaineer Law Group, we have compiled essential information regarding PFA charges and the steps you can take to request that the state reconsider or vacate your specific situation. However, navigating these complex matters requires the assistance of a skilled legal professional.

What is a PFA order?

A Protection from Abuse order is a vital initiative established by the state to safeguard its citizens against potential threats of domestic abuse. The duration of this protection is determined by a judge and jury, and the accused individual must strictly abide by all rules and regulations stipulated in the order.

The court system strives for fairness, ensuring that both the plaintiff (the accuser) and the accused have ample opportunity to present their case. It is imperative to engage the services of a professional Morgantown criminal lawyer who can provide you with just and effective representation during these proceedings.

Generally, the duration of the protection and the associated penalties depend on two primary factors:

• The nature of the domestic relationship between the parties involved.
• The occurrence of a specific domestic violence incident.

It is important to note that domestic violence is not limited to physical harm. The state recognizes that it can encompass various forms of abuse, such as stalking, online threats, persistent attempts to meet the plaintiff, and more. As the defendant, ensuring strict adherence to the law is crucial to avoiding severe consequences.

How to Vacate a PFA Order?

While such situations are relatively rare, there are specific instances where the court may be willing to reconsider your case. The civil courts of Pennsylvania generally grant the vacation or reconsideration of an order under certain specific conditions.

You Didn’t Have an Idea About the Hearing

After a temporary PFA is filed, it is crucial to attend the hearing for the final PFA order. Typically, there is a gap of 10 days between the two court hearings, but this duration may vary based on the severity of the case. If the police fail to provide you with the new hearing date on time, the court will extend the temporary PFA to a new date. In situations involving procedural confusion, consulting a Morgantown DUI attorney can be beneficial to understand your rights regarding proper notice.

You Have a Good Reason

If your attorney can establish a legitimate cause for your absence on the last hearing date, the court will often be open to reconsideration. However, these reasons must be substantial and supported by facts; frivolous excuses will not be accepted.

Improper Jurisdiction

You can successfully vacate a PFA order if the court did not properly serve you. To do this, you must provide evidence of unsatisfactory “court service” or lack of proper jurisdiction.

For a strong defense in court and effective case reconsideration, rely on the expertise of Sean Logue. Contact the Mountaineer Law Group today! An experienced Morgantown criminal lawyer is available to assist you. Dial (304) 381-3656 today!