Ways a PFA Order Can Be Vacated in Pennsylvania
Pennsylvania considers domestic violence-related crimes as serious offenses, ranking them among the top hate crimes in the state. The state offers Protection from Abuse (PFA) orders to provide hope and allow victims of physical and mental abuse to seek court orders for zero contact with their abusers. However, obtaining a PFA order can significantly disrupt someone’s life. If you’re facing the confusion and stress of a PFA order, it’s crucial to contact a reputable Washington PA PFA lawyer.
At Logue Law Group, we understand the complexities of PFA charges and can help you navigate the process. We have compiled crucial information to assist individuals who wish to request the state to reconsider or vacate their situation. However, these matters require the expertise of an experienced Washington PA criminal lawyer.
What is a PFA order?
A Protection from Abuse order is a vital initiative by the state to protect its citizens from potential domestic abuse threats. The order’s duration is determined by a judge and jury, and the accused must comply with all the stipulated rules and regulations.
In court, both the plaintiff and the accused have an opportunity to present their case, as fairness is paramount. It is imperative to seek the assistance of a professional Washington PA DUI lawyer who can provide you with proper representation.
The duration of the protection and the associated penalties typically depend on two factors:
- The nature of the domestic relationship between the parties involved.
- The occurrence of a domestic violence incident.
It’s important to note that domestic violence extends beyond physical harm. The state recognizes that it can include stalking, online threats, persistent attempts to contact the plaintiff, and more. As the defendant, strict adherence to the law is crucial to avoid severe consequences.
How to Vacate from a PFA Order?
While rare, there are cases where the court may reconsider your situation. In Pennsylvania civil courts, vacation or reconsideration of the order is possible under certain conditions.
You Didn’t Have an Idea About the Hearing
After filing a temporary PFA, attending the final hearing is crucial. Usually, there’s a 10-day gap between both court hearings, though it 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.
You Have a Good Reason
Having a valid and substantial reason for missing the last hearing can make a difference. Your attorney can help establish a legitimate cause for your absence, which increases the chances of the court being open to reconsideration. Remember, the reason must be significant and not frivolous.
If the court fails to properly serve you, there’s a chance to successfully vacate the PFA order. However, you need to provide evidence of unsatisfactory “court service.”
For a strong defense in court and effective case reconsideration, turn to the expertise of Sean Logue, an experienced Wheeling OH criminal lawyer. Call 412.389.0805 today for assistance with your legal matters.
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