Protection Order in PA: A Comprehensive Guide

Domestic violence is a pervasive issue that affects millions of people worldwide. It encompasses various forms of abuse and can have severe physical, emotional, and psychological consequences on victims. Fortunately, you can seek a protection order in PA.

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 order in PA for those seeking protection from domestic violence. Talk to a PFA 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:

Physical Abuse

Physical abuse involves any 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

These actions aim to control or manipulate 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. These activities can occur 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. Act may include threats of violence, harm to loved ones, or destruction of property.

Child Abuse

Exposing children to abusive acts is also domestic violence and subject to a protection order in PA. 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 would be best. They can help file a petition for an abuse order.

Common Questions About a Protection Order in PA

Here are some of the most common questions about protection 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 Protection Order in PA?

In Pennsylvania, a protection order serves a similar purpose to a restraining order in other states. A PFA 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 protection order in PA?

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

1. Visit your local courthouse or visit their website to obtain the necessary PFA forms. You can also talk with a PFA 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 serve it to the abuser. The court will 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 or PFA lawyer can be helpful during this process.

What happens after the court issues a protection order in PA?

After issuing a protection order in PA, the court typically orders the abuser to stay away from the victim. The order may require 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 protection 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 PFA afford?

A PFA 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 protection 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 after a hearing, lasting up to three years.

What if my abuser violates the PFA?

If your abuser violates the protection order, take immediate action to protect yourself. Inform law enforcement of your PFA 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 them with details of the breach and any evidence you have gathered. The court may schedule a hearing to address the violation and potentially 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.

Does a protection order in PA 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 Order in PA?

Contact our law offices if you need a Bucks County PFA or Montgomery County PFA. Our family or PFA lawyers can provide guidance. They can petition for a protection order to keep you safe from domestic violence.

We have offices in Norristown and Doylestown. Call today.