The state of Pennsylvania enacted the 1990 Protection from Abuse Act which safeguards all domestic members from abuse and/or assaults at the hands of other family members. The State General assembly stated the PFA charge as incidents occurring “between family or household members, sexual or intimate partners, or persons who share biological parenthood….”. In the last 50 years, Pennsylvania has seen a disturbing rise in domestic abuse cases. Through different rules and regulations, the state has tried to make the PFA Act stricter. A victim can file a PFA order to seek civil protection from the alleged accused or even to get the accused arrested. Since the state also saw a rise in abuse against non-family members especially partners or live-in couples, it granted such people the right to order a PFA.
A typical PFA does not arrest an alleged accused. It protects the victim and orders the accused to maintain no contact. PFA orders take serious action against the accused but it does not usually lead to an arrest or altercation with the state. The most a state can do is restrict and prohibit the accused from being in the same vicinity as the victim. When a Protection from Abuse Act is ordered it has several implications. An alleged accused has to leave the victim’s house, pay spousal support and/or child support, child visitation may be revoked, firearms may be seized, etc. If a PFA order has been filed against you, it should be taken seriously. Understandably, the lack of well-informed platforms about PFA orders may confuse you, but Logue Law Group is at your rescue. We have compiled all necessary information related to PFA orders and what should be done if it is filed against you.How Are PFA Orders Enforced?
Most court orders concerning a PFA is self-executing, it does not require police or third-party involvement to carry out the order. The alleged accused, in most cases, adhere to the court orders and goes no contact with the victim. However, there are always exceptions. If a party fails to pay attention to a PFA order made against them, the state will be forced to restrain them.
A good Pittsburgh PFA Lawyer will suggest the accused party comply with all the orders. Some parties may act on their own, fail to comply, and often try to act against this order. This leads to devastating consequences on the part of the accused. So, if a PFA order is filed, do not violate it. The court will impose up to a $1000 penalty and even a 6-month jail.What Are the Risks Concerning a PFA Order?
Since the spectrum of a PFA charge is broad (to protect victims of domestic abuse in all ways), it has various risk factors associated with it. In theory, PFA will protect victims and restrain abusers. However, in practical ways, it does not work that simply. The alleged accused may or may not understand the implications of the PFA order which leads to violations.
Since PFA Orders are about restraining domestic partners from contacting each other, usually alleged accused will think of it as physical no contact. They will restrain themselves from contacting the protected party in person at places of work, home, social events, etc. But what about electronic communications?
Partners who have lived together or were involved in any kind of domestic setting it incredibly hard to restrain themselves from maintaining n contact via texts, social media chatting, or even mails. From living with a partner to going 100% no contact is an order which most couples might hard to comply with and it leads to violation of the law. Since PFA Orders also include paying spousal/child support or may allow spouses to talk about children but no other subjects. These minor nuances are difficult for many to comply with. However, if you have a skilled Pittsburgh PFA Lawyer on your side, he/she will see to it that no laws are broken and you remain safe from penalties.What Are the Risks of Text Messages in PFA Orders?
It is kind of obvious that you would want to check up on the partner with whom you shared a home, but an experienced Pittsburgh Domestic Abuse Lawyer will ask you to never establish text-based contact. Text messages are instantaneous and can lead to many interjections. If the protected party chooses to take you to court, concerning a PFA Violation, text messages will stand as solid proof on your part.
Sometimes the protected party claims in court that the accused did not pay attention to their emotional and mental states while texting and the court may charge you for it. Domestic abuse-related trauma is taken seriously in the state of Pennsylvania. It is best to consult a good defense lawyer for he/she will take proper care that your no contact is solid and that you cannot be accused of violating a PFA Order.How to Defend Text Messages in PFA Orders?
If you are someone facing a PFA Order, you need to hire the services of a trusted Pittsburgh Domestic Abuse Lawyer. He/She will be offering you all the advice needed while going through a PFA order. Since he/she understands the intricacies of the law, it will be 100% easy for you to have a defense lawyer for your aid.
Most defense lawyers agree that texting a former spouse, spouse, or partner during an ongoing PFA order is dangerous. Those text messages can be fabricated in different ways by the victim party and it might lead to arrest or penalties. To avoid this situation, it is best to not maintain a text-based contact. If you have to text at all, talk on matters permissible by law like spousal child support. No protected party can charge you if the texts are based on these topics.
If you are someone going through the procedure of a PFA Order, societal scrutiny is a possible consequence. Your career may also be affected. Understandably, your fear and embarrassment are making you keep quiet but it is not the right step to take. Instead, contact expert attorney Sean Logue who operates in Pittsburgh and West Virginia. He has handled successfully many domestic abuse cases. When it comes to securing your life and reputation, it is best to trust the expert. He can be contacted at (412) 612-2210, 24*7. Choose the best guide for ensuring a safe and secure court proceeding.
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