Types of PFA Orders and Their Consequences

Receiving a Protection from Abuse (PFA) notice is a serious legal matter that requires immediate attention from a qualified legal professional. If you don’t get proper guidance for your upcoming court appearance, your life could be significantly disrupted. PFAs are usually filed by someone you have a close relationship with and act as a strict legal order to have no contact. Because there isn’t a separate section for domestic abuse cases in the state, courts use PFAs as a way to prevent violence within a household and keep the person accused of abuse away from the alleged victim.

The team at Logue Law Group has gathered essential information about the different kinds of PFA orders and what they mean for you.

Kinds of Protection from Abuse Orders

Emergency Protection Act

Just as the name implies, this type of order is granted in urgent situations and typically stays in effect until the end of the next business day. An on-call district judge issues this PFA order when there’s a need for immediate protection from alleged abuse. If the judge believes the person is in serious danger of physical or mental harm, an emergency PFA can be issued without requiring evidence or a statement from the accused person.

If an emergency PFA has been filed against you, it is vital to speak with an experienced Wheeling DUI attorney as soon as possible. Attorney Sean Logue has managed many cases like this and can offer the legal support you need.

Ex Parte Temporary Protection Act

This PFA order is requested by the alleged victim through the court, with the goal of getting a more permanent form of protection. To support the claim of abuse, the person must present substantial evidence (this is the “ex parte” part, meaning without the other party present) to the judge. Working with a reputable Wheeling criminal lawyer who has experience in these situations can be a great help during this stage. If there isn’t enough solid evidence, the judge might not issue severe penalties. However, if the judge rules in the victim’s favor, an ex parte temporary protection order will be issued against you.

Final Protection Act

When you are served with a Final Protection Act (PFA), it is critical to understand your rights and the serious consequences you might face. The court’s ruling is meant to be a ‘final’ resolution for the victim and can be active for up to three years, with a chance for extensions. Challenging a PFA is a complex process that requires the support of a skilled Wheeling criminal lawyer who knows how to navigate the legal system effectively.

Consequences of PFA Charges

A PFA order comes with strict rules designed to protect the victim’s safety and well-being. These rules often include:

• A ban on harming, stalking, or harassing the victim or any of their minor children.
• A legal requirement to move out of the home you share with the victim.
• A mandate to provide suitable alternative housing for the alleged victim if they are your spouse or live-in partner.
• The victim is immediately granted temporary custody of any children you have together.

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

If you are facing a PFA case, it’s crucial to get help from a professional lawyer who has a strong track record with these matters. Attorney Sean Logue has successfully defended numerous clients in similar situations and can give you the best advice for your specific case. Call 844.PITT.DUI to set up a free consultation with Wheeling DUI attorney Logue today.