Month: July 2024

High Swartz | July 15, 2024

PFA Order in PA

PFA Order in PA: A Comprehensive Guide

Domestic violence is a significant issue that affects millions of people worldwide. It encompasses various forms of abuse and can have severe physical, emotional, and psychological consequences on victims that create grounds for a PFA order.

To protect individuals suffering from abuse, Pennsylvania passed several laws, including the Protection from Abuse Act (PFA) in 1990.

The Act provides a procedure for obtaining a protection from abuse order in PA for those seeking protection from domestic violence. Talk to a family lawyer near you if you're a victim of domestic violence.

What Constitutes Domestic Violence?

Let's start by defining acts considered domestic violence. They include any abusive behaviors and actions that occur within the context of an intimate or familial relationship. That violence needn't be only physical or fear of bodily injury. It can also include emotional, psychological, sexual, and financial abuse.

Here are some everyday acts and behaviors that represent domestic violence requiring a PFA order:

Physical Abuse

Actions cover any physical harm or force directed at a family member or intimate partner. Acts can include hitting, slapping, pushing, kicking, choking, or using weapons.

Emotional or Psychological Abuse

This abuse involves control or manipulation of the victim's emotions, thoughts, or behavior. Examples include verbal insults, threats, isolation, and constant criticism.

Sexual Abuse

Physical or sexual abuse within an intimate relationship includes any non-consensual activity, coercion, or manipulation. It can involve rape, sexual assault, or forced participation in sexual acts.

Financial Abuse

Financial abuse occurs when one partner controls or exploits the other person's financial resources. Actions can include limiting access to money, preventing employment or education, or stealing money or property.

Stalking

Harassing or stalking involves unwanted and obsessive attention or monitoring of the victim's activities in person, online, or through other means.

Threats and Intimidation

Threatening behavior and intimidation are forms of abuse that create fear and a sense of insecurity. These actions may include threats of violence, harm to loved ones, or destruction of property.

Child Abuse

Exposing children to abusive acts is also domestic violence. The law considers directing abusive behavior toward them as domestic violence.

Coercive Control

Coercive control is a pattern of behaviors aimed at gaining power and control over the victim. It involves a combination of tactics such as isolation, manipulation, intimidation, and surveillance.

Cyberbullying

Technology offers another source for domestic abuse. For example, using social media, email, or text messages to harass, threaten, or intimidate a partner or family member.

Any of these abuse forms provides the framework for protecting from abuse orders. Again, contacting law enforcement officials or a family lawyer is important. They can help file a petition for an abuse order.

Common Questions About PFA Orders in PA

Here are some of the most common questions about PFA orders.

Is domestic violence a felony?

Domestic violence encompasses a range of criminal charges, some classified as felonies. The severity of charges depends on the specific acts committed, the state's laws, and the evidence available. Common felony charges related to domestic violence include aggravated assault, strangulation, and certain sexual offenses. If charged, consult a family lawyer to understand your jurisdiction's specific charges and penalties.

Is verbal abuse domestic violence?

Yes, verbal abuse is a form of domestic violence. Many people view domestic violence as physical abuse. However, it can include emotional, psychological, and verbal abuse as well. Like physical abuse, these other forms can have profound and lasting effects on victims.

What is a PFA order?

In Pennsylvania, a protection order serves a similar purpose to a restraining order in other states. A PFA order is a court order that aims to protect victims of domestic violence or abuse. It typically orders the abuser to stay away from the victim, their home, workplace, and children. It may include other provisions to ensure the victim's safety.

How do you file a PFA order in PA?

To file a PFA order in the Commonwealth, you can generally follow these steps:

  1. Visit your local courthouse or visit their website to obtain the necessary PFA order forms. You can also talk with a family lawyer.
  2. Complete the forms accurately, providing detailed information about the abuse and the abuser.
  3. File the forms with the court clerk and request a PFA hearing date for a temporary order.
  4. Attend the hearing, where you'll present your case to the judge.
  5. If the judge grants a temporary protection order, it will be served on the abuser. The court will then schedule a final PFA hearing.
  6. Attend the final hearing, where both parties present their cases, and the judge decides on a final order.

Consulting with a family lawyer can be helpful during this process.

What happens after the court issues a PFA order?

After issuing a protection order in PA, the court typically orders the abuser to stay away from the victim. That may include staying away from the victim's home, workplace, school, and other places they frequent. The court may also grant temporary custody of children to the victim. It can also establish visitation or custody arrangements for the abuser, ensuring the safety of the children.

What happens to children, if any?

When courts issue a PFA order in PA, they may address child custody and visitation arrangements. Their goal is to ensure the safety and well-being of the children involved. The court may grant temporary custody to the victim and specify visitation rights for the abuser.

What protection does a protection from abuse order in PA afford?

A PFA order in Pennsylvania typically offers various forms of protection to the victim, including but not limited to:

  • Ordering the abuser to stay away from the victim, their residence, workplace, and other specified locations.
  • Prohibiting contact, including phone calls, texts, emails, or social media communication.
  • Establishing temporary custody or visitation arrangements for children, ensuring their safety.
  • Requiring the abuser to surrender firearms and ammunition if they possess any.
  • Granting any other relief the court deems necessary to protect the victim from abuse or harm.

How long does a PFA order in PA last?

The duration of a PFA order can vary depending on the circumstances and the court's decision. In Pennsylvania, protection orders are initially temporary, typically lasting up to 10 business days. However, courts can issue a final PFA order after a hearing, lasting up to three years.

What if my abuser violates the PFA order?

If your abuser violates the protection order, take immediate action to protect yourself. Inform law enforcement or your family lawyer about the violation. They can help you take any of the following steps:

  1. Document the Violation: Record any evidence of the violation. That includes photographs, text messages, voicemails, or emails that demonstrate the abuser's non-compliance with the order. This documentation can be valuable in court.
  2. Seek Legal Advice: Contact your family lawyer or legal aid organization specializing in domestic violence cases. They can guide you on how to proceed legally and help you navigate the legal process.
  3. Safety Planning: Develop a safety plan with a domestic violence counselor or advocate. The plan may include changing locks, installing security systems, or temporarily staying with a trusted friend or family member.
  4. Notify the Court: Report the violation to the court that issued the PFA order. Provide the court with details of the violation and any evidence you have gathered. The court may schedule a hearing to address the breach and modify the order.
  5. Consider Additional Protective Measures: Depending on your safety concerns, you may wish to explore additional protective measures. You can ask for changes to the PFA order, get a new order, or take legal action against the abuser.

Do PFA orders show up in background checks?

PFA orders can appear on background checks, especially if they are final orders and not sealed or expunged. When someone undergoes a background check, it may present a PFA order. That may impact employment, housing, or legal matters.

Seeking a Protection from Abuse Order in PA?

Contact our law offices if you need a family lawyer in Bucks, Delaware, or Montgomery County, PA. Our family law attorneys can provide guidance. They can petition for a PFA order to keep you safe from domestic violence.

We have offices in Norristown, Doylestown, and Wayne, PA. Call today.

High Swartz | July 10, 2024

John Finnegan: Summer Law Clerk at High Swartz LLP

What attracted John Finnegan into law was the opportunity to use his education and interpersonal skills to advocate for clients and navigate legal complexities. Recently we spoke with the summer law clerk about his aspirations, experiences, and advice for aspiring law students.

"I am from Newtown, Connecticut, a town in Fairfield County that is about 25 minutes from the New York State border," John shared. In his free time, John enjoys traveling, playing golf, and attending sporting events. John is also interested in waterskiing and wakeboarding.

John aims to be diligent and thorough in the work put in front of him. “Representing the firm in a way that is aligned with how they serve clients is important," John stated.

Summer Clerkship at High Swartz LLP

At this stage, John is open to various sectors of law. "More importantly, I want to find my niche skillset that will allow me to stand out to firms and clients. So far at High Swartz, I have really enjoyed the family law work."

John was drawn to the firm because of its general practice capabilities. "High Swartz offers a wide variety of legal services, which drove me to seek a clerk position," John explained. "I wanted to obtain a well-rounded summer experience and create genuine relationships with each of the attorneys."

Advice for Future Law Students

John stresses the importance of mentorship in school and after. "Develop genuine and personal relationships with your professors, regardless of what kind of grade you receive, or you think you will receive," John advised. "Professors can be the best form of guidance outside the classroom."

Looking Ahead

John will continue his legal studies in the fall at George Washington University Law School in D.C. He expressed his gratitude for his professors and peers at Rutgers. "I want to thank my teachers and friends at Rutgers for a tremendous year of personal growth, made possible through their valued counsel at every turn," John stated.

Tom Gabor | July 1, 2024

Eliz Baydar: A Rising 2L Making Her Mark at High Swartz LLP

Eliz Baydar, a rising 2L at the Charles Widger School of Law at Villanova University, is spending her summer as a law clerk at High Swartz LLP in Montgomery County. Eliz was placed with the firm through the Robert E. Slota Diversity Program, organized by the Montgomery Bar Association.

Early Inspirations and Education

From a young age, Eliz says she was naturally argumentative, a trait she says hinted at a possible future in law. Growing up in Westchester County, NY, she found inspiration in her father, a practicing attorney. His dedication to helping others through his legal work influenced her decision to pursue a similar career.

Eliz attended Stony Brook University, where she majored in Political Science and minored in Journalism. She was active in honor societies such as Pi Sigma Alpha and the University Scholars Program at the school, which helped her gain leadership experience.

Choosing Villanova University for law school was a key decision for Eliz. She appreciated Montgomery County's proximity to her hometown and the supportive community she found there. Now living in the area, she is fully engaged in her legal studies and extracurricular activities.

Summer Clerkship at High Swartz LLP

This summer, Eliz is working with real estate attorneys Don Petrille, Sean Livesey, and Bill Kerr and gaining practical experience in real estate matters. She finds the hands-on aspects of her work, such as dealing with real estate documents more engaging than classroom learning. Visiting actual properties and meeting clients has added a human element to her summer experience.

“Working with real life matters at the firm is a much different experience than learning about real estate documents in school,” she says. “We were able to travel to the locations and meet with the buyers, which helped put names to faces.”

Commitment to Community and Advocacy

Eliz volunteers at the Ardmore Food Pantry, helping distribute meals to residents in need in Montgomery County. At law school, she serves as the secretary of the Latin American Law Students Association and the treasurer of If/When/How, an organization advocating for reproductive justice as fundamental civil and human rights.

Advice for Future Law Students

Eliz encourages future law students to establish a support system. “Whether it’s your family or friends, having people who understand you and your experience is important. Law school demands a lot of hard work and willpower, and being mentally prepared is crucial,” she says.

Looking Ahead

With her first year of law school behind her, Eliz is eager to focus on real estate and personal injury law. Her goal is to continue learning from experienced attorneys here and ultimately to advocate through her legal career. “My main goal is to help people, and law is a way I feel I can do the most good,” she says.