A restraining order is known as protection from abuse order in Pennsylvania. This order is governed by Protection from Abuse Act 23 PA.C.S.A. §§ 6101-61119. The main aim of the order is protecting one party from domestic violence and control over the contact between the plaintiff and the defendant. When you have been notified that a PFA order has been issued against you, you need to get in touch with an experienced Pittsburgh PFA lawyer. Come to Logue Law Group so that we can fight for you.
When it comes to the type of PFA orders, there are three types of it.
When the situation turns out to be emergent and the Court of Common Plea is closed, this order is issued by the on-call magisterial district judge and will last for one business day.
This type of order is known as ex parte order. This order gets issued right after the validity of the emergency PFA order is over. This gives the plaintiff protection till the trial. This order is issued by the court and can be valid for five to ten days. For this, the defendant doesn’t get a chance of defense. The order will be based on what the petitioner has claimed.
A full PFA order can last up to three years. It is passed by the judge of the Common Court of Pleas. The plaintiff and the defendant both must be present in the trial. This is the only chance that the defendants will get to defend themselves.
- Emergency PFA Order
- Temporary PFA Order
- Full PFA Order
There are a few qualifying factors depending on which PFA gets issued. If it is issued in false pretense, then the situation can be dire.Against Whom the PFA Order Can be Filed?
PFA order can be obtained against the following people:
- Former or current spouse
- Former or current sexual or intimate partners
- Household members related by blood and marriage
- Parents and children
- Same sex couples
If the petitioner is minor, then an adult person will be needed to file the petition. Neighbors, coworkers, room and class mates are not the people against whom one can file a PFA order.Things to be Proven for Issuing a Permanent PFA Order
The evidence of the abuse should be sufficient enough so that the court decides that issuing PFA order is the most logical way to protect the plaintiff from abuse. The following forms of abuse will be considered eligible for the PFA order.
- Sexual abuse
- Physical abuse
- Threats that will make the plaintiff believe that he or she is imminent danger
- False imprisonment where the defendant keeps the plaintiff in a place against their wish
For starters, the defendant will not be allowed to go near the plaintiff. Also, the following things can happen:
- Removal from the house shared with the petitioner
- Loss of constitutional and parental rights
- Paying the fees for PFA
- Public court record of the PFA order
Even though the PFA order is a court order, the defendant might face other criminal charges that will result in penalties.Expungement of a PFA Order
There are only two situations that can lead to the expungement of the PFA order:
- If the petition for the PFA is dismissed
- The permanent PFA order was never issued owing to the withdrawal of the request
If the permanent PFA order is issued, it cannot be expunged from the public records.Consulting Pittsburgh PFA lawyer
As the defendant, you need to have the right to expunge the PFA order. That is why you need to connect with a Pittsburgh PFA lawyer. At Logue Law Group, we have defended many clients in the case of PFA order. We can help you too. Get a free consultation today.