Types of PFA Orders and the Consequences

If you have been served with a Pennsylvania Protection From Abuse (PFA) petition or order, review the hearing notice and every restriction in the order. A PFA proceeding is civil, and an alleged order violation can create separate criminal-contempt exposure. Logue Law Group helps defendants prepare for PFA litigation and address related domestic violence charges.

The type of order affects its duration and the next court proceeding. Emergency, temporary, and final PFA orders serve different purposes.

Kinds of Protection from Abuse Orders

Emergency PFA Orders

Under 23 Pa.C.S. § 6110, a hearing officer may grant specified emergency relief when the court is unavailable and good cause is shown in an ex parte proceeding. The statutory expiration is the end of the next business day the court deems itself available, not automatically midnight. The court reviews the emergency order and may continue necessary protection until a hearing.

If an emergency order has been issued against you, keep a copy and review it with a Pittsburgh PFA defense lawyer. Confirm the next court date and comply with the order while preparing your response.

Ex Parte Temporary PFA Orders

Under 23 Pa.C.S. § 6107(b), the court conducts an ex parte proceeding when the plaintiff requests temporary protection and alleges immediate and present danger of abuse. The court may enter necessary temporary relief if it finds that danger. Ex parte means the initial proceeding can occur without the defendant participating. A temporary order remains effective until the court modifies or terminates it after notice and hearing.

Final PFA Orders and the Hearing

Section 6107 generally requires a hearing within ten business days after the petition is filed, subject to continuances. At the hearing, the plaintiff must prove abuse by a preponderance of the evidence. The defendant has rights to counsel, to present evidence, and to compel witnesses. Your lawyer can review the petition, organize evidence, and prepare questions for witnesses. Under § 6108, a final order or approved consent agreement may last up to three years; statutory extensions are possible.

Restrictions in a PFA Order

Relief depends on the statute, the court’s findings, and the specific order. Possible provisions address:

• Prohibitions on abuse, threats, stalking, harassment, and specified contact
• Possession of a shared residence or other housing relief when statutory conditions apply
• Firearms restrictions and relinquishment requirements
• Temporary custody or visitation arrangements based on the court’s findings; custody does not automatically transfer in every case

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

Preserve the petition, orders, hearing notice, relevant messages, and other evidence for your attorney. Prepare for the hearing and follow the order while pursuing court relief. Our PFA defense page explains related litigation, and our PFA order violation page addresses alleged violations. Call 412.387.6901 or contact Logue Law Group to request a free consultation.