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What are the Grounds for Filing a PFA Case in Pennsylvania?

The state’s commitment to reducing domestic violence is reflected in Protection From Abuse (PFA) Orders. These are powerful legal tools designed to fight various types of abuse, including physical and mental harm. While they operate much like restraining orders or protection orders found in other jurisdictions, PFAs are distinct because they are specifically pursued by individuals who share “close family relations.”

Among the different types of PFA Orders, the Final PFA carries the most serious consequences for a defendant. It imposes strict civil restrictions and limits several civil rights, which can dramatically affect a person’s day-to-day life.

If you are unsure about the details of a Final PFA order or the eligibility requirements for filing one, you should consult Mountaineer Law Group’s reliable PFA resources. Once you have cleared up any doubts, you can seek guidance from a trusted Morgantown criminal lawyer who can guide you through the legal process, helping to reduce potential penalties or punishments.

Who Is Eligible to File a Final PFA Case?

As previously noted, PFA cases are started by people who are in “domestic relationships.” The following are the most common types of relationships eligible for this legal action:

  • Current or former spouses or domestic partners
  • People living together (co-habitants)
  • Siblings (brothers or sisters)
  • Parents and their children
  • Former or current intimate partners
  • Relatives by blood or marriage, including close extended family
  • Same-sex couples
  • Individuals who have a child together

It is crucial to understand that PFAs cannot be filed against neighbors, friends, classmates, or co-workers, as these associations do not qualify as domestic or intimate relationships. Additionally, the person filing the case against you must be a legal adult (18 years or older). In situations involving minors, a parent or legal guardian must file on the minor’s behalf.

Now that we have clarified who is involved and the nature of these cases, let’s look closer at the details of a Final PFA order in Pennsylvania.

Grounds for Filing for a Final PFA Order in Pennsylvania

A Final PFA case can be filed if specific crimes or acts of abuse have occurred. These grounds include:

  • Sexual assault or the threat of assault.
  • Causing bodily injury to the plaintiff or children you share.
  • Causing serious bodily harm that is backed up by hospital records.
  • Rape or attempted rape.
  • Attempting or threatening indecent acts.
  • Incestual assault or attempted incestual assault.
  • Physical, sexual, or emotional assault (or threats) against minors.
  • Repeated acts of violence against the plaintiff or the plaintiff’s relatives.

These grounds give the court the necessary basis to issue a Final PFA order. Although it is possible to challenge these orders in court, it is vital to have the help of a skilled Morgantown DUI attorney. Building a strong defense with the right evidence and witnesses is essential to minimizing the potential penalties associated with Final PFA cases in Berks County.

Sean Logue, a leading criminal lawyer, specializes in assisting individuals facing difficult legal situations. With a proven history of presenting solid defenses, he works to ensure his clients face the minimum possible punishments or penalties. If you have questions, please reach out to the Morgantown criminal lawyer at (304) 381-3656.

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