How to Vacate a PFA Order
In Pennsylvania, the charge of domestic violence is a serious matter. To protect the victims from being harassed, stalked and abused by intimate partners or family members, the Pennsylvania legislature enacted Protection from Abuse act in 1990. This law provides protection from the abuser. This order comes with the regulations that the plaintiff, defendant, police and court all have to maintain.Protection From Abuse Order
When you are abused, you can go to court and ask for temporary PFA order. Issuing temporary PFA order will depend on whether you were abused by a family member or the partner or not. For this type of PFA order, the judge only listens to the accusations of the plaintiff. However, at the same time, the judge determines the date when the final PFA order will be issued. For this PFA order, the plaintiff and the defendant both can present their arguments and evidence. The plaintiff will need to show that the parties involved qualify as the relationship and the incident of violence has happened. The relationships that will qualify for the PFA order are current or former internment partners, people who share a child or people who are related by blood or marriage. The abuse can be rape and sexual assault, bodily harm and life-threatening assaults, burglary, theft and so on. When the plaintiff can prove that they are abused and in danger, the judge will issue the final PFA Order that will be effective for three years. The defendant will be restricted from getting in touch with the plaintiff or the children by any means. They will have to leave the shared home too.Vacating PFA Order
The court can reconsider the PFA order only in some exceptional cases:
- You did not get the notice of the PFA. In the case of the temporary PFA, the defendant will be served notice by the police. It should be within thirty days from the temporary PFA. However, at times, the police or the authority serves the wrong person or doesn’t send the notice at all. In such cases, by default, the judge will require to fix another date for the hearing.
- The judge might reconsider the date of hearing for the final PFA order if the defendant has genuine cause to miss the date. Our Pittsburgh PFA lawyer will ensure that the court vacates the PFA. It can be a serious illness, being out of town and so on.
- It can also be vacated if the court doesn’t have jurisdiction over you. This can happen in the case when the service is improper. However, as the defendant, you will have to prove this so that you can get to vacate the PFA order.
At Logue Law Group, our experienced Pittsburgh PFA lawyer has successfully vacated the final PFA order in the past for many times. We can do the same for you. Come to us right away for consultation.