If a spouse, dating partner, or family member brings a protection from abuse (PFA) case against you, do not take the situation lightly, and definitely consider hiring an attorney.
Getting a lawyer involved to start preparing your defense can be essential. At the PFA Hearing, a lawyer can help you avoid some or all of the consequences you could face as a PFA defendant. A lawyer will work with you to ensure your goals are met, and use their knowledge and experience to help you avoid the dangerous consequences mentioned above.
An answer to the question (why should I fight a PFA brought against me?) is that a PFA can result in stressful, inconvenient, and unfair circumstances beyond just a temporary protection order prohibiting contact. Depending on your circumstances, a protection from abuse (PFA) order can prevent you:
Depending on your circumstances, a protection from abuse (PFA) order can prevent you: From entering your home Require the removal of all of your firearms from your possession Prevent you from possessing any other firearms Hinder or prevent you from seeing your children or pets Affect your parental rights Result in child support obligations
Here are five rules to win against false PFAs:Never take the bait. A potential victim can file for a temporary PFA at most police stations or any court location. ... Airing your side of the story. ... Motives behind false PFAs. ... Stiff PFA Penalties. ... Avoid False PFAs in the First Place.
Protection From Abuse Orders ("PFA") in Philadelphia, PA Prosecutors could file criminal charges against the accused, and the complainant could also seek a Protection from Abuse Order in Family Court. These court orders serve as an emergency means of preventing domestic violence.
The consequences of a PFA violation can mean fines, jail time, and a possible criminal record. A conviction, or even just an arrest, can make it difficult to seek out new employment, education, or even just a place to live.
This includes emailing, texting, phone calls and any form of physical contact. Even if your email or text does not say anything threatening and only says nice things, you are still in violation of a PFA order. Even if the alleged victim is lying, the police can still arrest you with no further evidence needed.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
Because PFA orders are civil in nature, they don't generally appear on a criminal record at all, even within the three years that the PFA order generally lasts. If a defendant violates a PFA order, the defendant could face a criminal contempt conviction that would appear on the defendant's criminal record.
Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.
A contempt hearing will be scheduled before a Judge. If the Judge decides that the PFA order was violated, the abuser can be put in jail for up to 6 months and/or fined up to $1000, or the judge may issue such other order they may deem necessary.
Penalties for Violating PFAs In Pennsylvania If you are found guilty of criminal contempt for violating a PFA, your penalties are either: Up to six months in jail and a fine of $300 to $1,000, or. Up to six months probation and a fine of $300 to $1,000.
One of the very significant risks under a PFA no-contact order is that your use of Facebook or similar social media may lead to a charge that you violated the PFA order. Facebook private messages sent to the protected person could certainly violate a strict no-contact order.
Charges can be filed within one year after the suspect's identity is confirmed. Sex offenses against minors. The law also provides extra time to charge certain sex offense cases involving minors. The time clock doesn't run until the victim turns 18.
A PFA order, or protection from abuse order, is a court order that establishes rules between two parties involved in a domestic violence incident. The person who files a PFA will be known as "plaintiff" while the individual who has the PFA filed against them will be known as the "defendant." There are several types of PFA orders that a plaintiff may file. The first of which is an emergency PFA order. As the name implies, these are filed under emergency circumstances. They must be approved by an on call judge who has deemed the situation an emergency. These orders may have harsher terms due to the nature of their circumstances. Another type of PFA that a plaintiff may file is known as an "ex parte" PFA order. These are file without the presence or input of the defendant, however, a plaintiff must go to court to do so. In either of these cases, these orders are meant to last a temporary time, until a final PFA can be settled at a hearing.
Another type of PFA that a plaintiff may file is known as an "ex parte" PFA order . These are file without the presence or input of the defendant, however, a plaintiff must go to court to do so. In either of these cases, these orders are meant to last a temporary time, until a final PFA can be settled at a hearing.
A Protection from Abuse Order provides an additional level of protection than those provided by the crimes code. At ARM Lawyers, we have experience assisting victims of domestic abuse in getting the additional protection of a PFA Order, but also have experience defending those accused of domestic violence.
Do not attempt to handle a Protection from Abuse case on your own. Whether you are the victim of domestic abuse or are fighting a wrongful accusation, seek legal counsel with a PFA attorney who handles Protection from Abuse cases in Pennsylvania. Call us and we will evaluate your case.
While you don't HAVE to have an attorney, it is always best to have counsel available who is fluent with the PFAA and knows the ins and outs of the order. At the very least, the attorney could work out an arrangement which is amicable to you both.
There is no preliminary hearing for a PFA filing. There's a review of the petition and questioning of the petitioner in order to determine whether a temporary ex parte order should be granted, and then a hearing on whether a permanent order is needed.
I am sorry to hear that you need to get a PFA. It is better to have a lawyer, if you can. You may be able to qualify for a legal aid attorney or even go to a law school clinic. You would need to check and see what is available in your area. If you do not qualify financially for legal aid, then you can retain a lawyer.
Yes, you should contact a lawyer. It should not be too expensive. You can find attorneys using the find a lawyer tab.
Protection from Abuse Petitions, or PFAs, are the mechanism that Pennsylvania uses to protect someone claiming to be the victim of domestic violence. Some states refer to this as a “restraining order,” but in Pennsylvania, the concept is strictly limited to former or current sexual partners or members of the same household. Furthermore, to obtain a PFA, someone has to show that they are afraid of imminent harm at the hands of the defendant. If you’ve been served with a PFA Order and told not to contact someone, here are four things you need to consider immediately in preparing to defend yourself.
Having a PFA entered against you can be a serious problem, and can create issues for you and your family. Understanding what your options are in defending a PFA can put you and your family in a position to ensure that you aren’t harmed by the entry of a Protection From Abuse Order. If you’re local here in Berks County, call the attorneys at Cornerstone Law Firm to discuss you Protection From Abuse Order and how we can help you.
PFAs are usually not filed in a vacuum. They often precede a divorce or custody action. Is the person filing the PFA against you doing so out of spite or are they hoping to get you out of a house so they can change the locks? Do they really believe you’ve been emotionally abusive, or is this a cynical ploy on their part? Is the goal to make it hard for you to move forward with custody? Understanding what the other side is attempting to do in filing a PFA is vital to determining your next steps.
Depending on your circumstances, a protection from abuse (PFA) order can prevent you: From entering your home. Require the removal of all of your firearms from your possession. Prevent you from possessing any other firearms. Hinder or prevent you from seeing your children or pets. Affect your parental rights.
A temporary order will continue through the completion of the PFA Hearing date, which will be scheduled within 21 days. As soon as you receive the PFA paperwork, it is important to start preparing for the PFA Hearing as soon as possible. Getting a lawyer involved to start preparing your defense can be essential.
When a PFA is brought, often a temporary PFA order will go into effect for 21 days. This temporary order is intended to prevent you from having any contact with the individual who brought the PFA against you. As soon as you are holding the notice informing you that a temporary order is in effect, any violation of the order by you could result in ...
A lawyer will work with you to ensure your goals are met, and use their knowledge and experience to help you avoid the dangerous consequences mentioned above. Having an attorney in your corner can help with negotiating a fair agreement, or help ensure the judge hears your best case at a formal hearing.
The person who brought the PFA against you cannot give you permission to violate it. Even if they tell you it is okay to see them, having contact with them can still result in you being arrested for a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.
It is very understandable that you might want to contact the plaintiff after the PFA has been brought against you to see if you can smooth things over with that person. Unfortunately, the temporary order that was likely attached with the PFA paperwork prohibits you from having any contact with the other person.