PFA Basics
TRO...PFA...Restraining Order....I'm confused!
In Pennsylvania, a restraining order is called a Protection from Abuse order (PFA). A PFA, used in the right situation can be a powerful tool in the war on domestic violence.
- What is a PFA
- A PFA is a civil court order which prohibits abusive behavior
- What is needed to quality for a PFA
- In order to petition the court for a PFA, a person must demonstrate the following:
- Relationship: A person who is filing for the PFA must be related to the abusive party in one of the following ways: married, sexual partners, parents of the same children, or related by blood or affinity (marriage)
- Abuse: As well as demonstrating a relationship, the person filing for the PFA must show one or more of the following types of abuse:
- causing or attempting to cause bodily injury
- placing another in reasonable fear of bodily injury
- false imprisonment
- physical or sexual abuse of minor children
- engaging in a course of conduct which places the person in fear of bodily injury
- What are the stage for filing for a PFA
- There are 3 stages, or types of PFA's
- Emergency Order - can be issued when the Court of Common Pleas is closed; order terminated by 4:30pm of the next business day
- Temporary Order - issued by Court of Common Please; notice must be served on defendant and hearing must be schedule within 10 days
- Final Order - issued by Court of Common Pleas for up to 36 months
- What type of relief can be requested in a PFA
- cease and desist abuse
- eviction or exclusion from marital residence
- prohibit contact
- temporary custody of minor children
- temporary child or spousal support
- seizure of weapons
- other relief as the court deems appropriate
- What happens if a PFA is violated?
- The person who violates the PFA can be arrested and charged with indirect criminal contempt. if found guilty, the defendant could face up to 6 months imprisonment.
Getting a PFA is just one part of a larger safety plan. If you or someone you know is in an abusive relationship, call our hotline today...1-800-642-3150! A trained advocate can help you decide what should be in your safety plan. PFA's used in the right situation are a powerful tool in the war on domestic violence. However, please know that PFA may not be appropriate - or a safe option for all those experiencing domestic violence. |
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