Pennsylvania issues protection from abuse order or PFA order to protect the victims of domestic abuse and violence, stalking and sexual assault. The most common ground of the PFA order is domestic violence. PFA orders are also known as restraining orders. The court and the police use the PFA order to help protect the victim from harassment, stalking, physical intimidation and any other threats from the partner or the family members. Meeting the statutory requirements will help you get the PFA order.Obtaining PFA Order
PFA orders are only available when the victim is abused or facing threats from the intimate partner or family members. The following relations can qualify for the PFA order:
- Former or current spouse
- Someone in the same house living as your spouse
- Your siblings
- Your parents or children
- Former or current sexual or intimate partner
- Family members related by blood or marriage
- Someone with whom you have a child
- Same-sex couples
You cannot obtain a PFA order for colleagues, classmates, neighbors, or strangers. The plaintiff should be above 18 years old or if they are minors, they will need a guardian to obtain the PFA order.Ground for a PFA Order
According to the law of Pennsylvania, the abused must prove to the court that he or she is a victim of domestic violence and is in immediate danger.
Causing or attempting any of the following can lead to the PFA order:
- Bodily injury
- Sexual assault and rape
- Statutory sexual assault
- Indecent assault
- Risking a person to be threatened by abuse
- Physical and sexual abuse of a minor
- False imprisonment
- Kidnapping, burglary or theft
In Pennsylvania, the protection from abuse order can be obtained in three ways.
- The first type of PFA order is an emergency PFA order. The plaintiff must prove for this that he or she is in immediate danger and seeking protection. This is a temporary PFA order that will be valid overnight. In this case, the defendant doesn’t get to know about it in the first place.
- Another type of protection from abuse order is given in “ex parte” hearing. For this, the only plaintiff needs to go to the hearing. The validity will be for ten days.
- The last type of hearing will be for the final PFA order. The order will be granted in the court after the hearing of both the plaintiff and the defendant. This is an opportunity for the defendant to produce their side of the story to the court.
During the hearing of the final PFA order, the plaintiff will need to show proof that the alleged abuser is in the same home and the act of domestic violence has happened. While you are defending yourself from PFA, having a previous conviction makes things pretty difficult. That is why you need to get in touch with the right Pittsburgh PFA lawyer.Connect With Pittsburgh PFA Lawyer
At Logue Law Group, we have dealt with many PFA cases and successfully defended our clients against the PFA order. So, before you go for the final PFA order hearing, call us for a free consultation.