Protection from abuse orders, which are frequently called PFAs, are a matter of civil law. PFAs are designed to help protect individuals who have been harmed by or credibly threatened with physical or sexual violence. Victims can turn to the court for protection even if their abuser hasn’t been charged with a crime. While PFAs are civil, they can segue into criminal charges, such as in response to the violation of terms. Discuss your need for a PFA with an experienced Pennsylvania family law attorney at The Law Offices of Dawn K. Gull today.
The Qualifying Factors that Guide PFAs in Pennsylvania
There are two primary qualifying factors that determine when PFAs are applicable.
The Two Parties Have a Domestic Relationship
PFAs are reserved for situations in which individuals have what the State of Pennsylvania considers a domestic relationship. These include:
- People who have a current or past intimate or sexual relationship with one another
- Members of the same family or household
- Individuals who share a biological child
PFAs do not, in other words, apply to strangers, colleagues, or anyone else with whom there is no domestic connection.
Judicial Procedure Extends the Scope of PFAs
When the underlying issue is sexual violence or certain forms of intimidation, judicial procedure extends the legal reach of PFAs.
Acts of Sexual Violence
If the impetus behind the PFA is sexual violence, in any of its many forms, the relationship-limiting parameters between the victim and abuser do not apply. This means that, to obtain a PFA for sexual violence, your abuser needn’t be an intimate partner nor a member of your household or family.
Acts of Intimidation
There is also an exception for intimidation that amounts to stalking or harassment when the perpetrator is at least 18 years old, and the victim is not yet 18. In these cases, a domestic relationship or intimate partnership is not required.
The PFA Order
There are three basic forms of PFAs in Pennsylvania, and the terms they prohibit contact, harassment, and stalking.
Emergency PFA
An emergency PFA can be issued at night or on the weekend by a magisterial district judge. These afford protections until the next business day when courts are in session.
Temporary PFA
Temporary PFAs typically provide protection for up to 10 days, allowing time for a full hearing to be scheduled. Generally, both emergency and temporary PFAs are what’s called ex parte, which means they are granted without notifying the person named and without their presence.
Final PFA
Final PFAs can last up to three years, and they are granted after legal hearings.
Our Experienced Pennsylvania Family Law Lawyers Can Help
Dawn Gull is our compassionate Pennsylvania family law attorney at The Law Offices of Dawn K. Gull, and she has reserves of impressive experience helping clients like you gain the legal protections they need and resolving their related cases favorably. Learn more by contacting us online or calling our firm at 412-440-5718 today.