Pfa Requirements in Pa

Who can receive a PFA order? Two requirements must be met when filing this type of protection order. First, the applicant must be an adult or the adult guardian acting on behalf of a minor. Second, there must be an established relationship with the author. In particular, the reporter and perpetrator must be married, related by blood, have a biological child together, or be current or former “intimate” partners (although “intimacy” does not have to be sexual in nature). It is not necessary for the parties to have lived together before or are currently living together as long as one of the above-mentioned relationships has been established. Attorney Sheryl R. Rentz and her support staff have handled numerous cases of abuse, harassment, threats, and domestic violence. If you are looking for protection for you and your children from your abusive partner, please come to us for help. We can provide you with the information and representations you need to find peace and security. To learn more about what our firm can do for you, please call (610) 645-0100 or (866) 290-9292.

Temporary ex parte PFA If you apply to the court for an AFP, a judge will issue you a provisional ex parte PFA if he determines that you or your minor children are at risk of further domestic violence and need immediate protection. “Ex parte” means that the offender is not notified in advance or is not present in court. This injunction is in effect until your full hearing for the final AFP, where the offender has the opportunity to testify and present evidence. A hearing is usually scheduled within ten working days. If the offender has a firearm or weapon, inform the judge when you apply for an ex parte interim FA so that the offender can order that the weapon be immediately returned to the sheriff or other law enforcement agency.3 An ATP order is civil, not criminal. In many cases, law enforcement may also charge the perpetrator with a crime, including aggravated assault, common assault, misconduct or harassment. If this happens, the attacker faces a civil lawsuit from the victim and a criminal case from the Commonwealth of Pennsylvania. Although the Abuse Protection Act outlines specific procedures for applying for an AFP in Pennsylvania, these types of orders are valid in other states. Under the Violence Against Women Act, a federal law, an AFP applies in all U.S. territories as well as tribal areas. If you receive an ATP from a Pennsylvania court and you leave the state, that order is still in effect and your violator must comply with all restrictions. Final PFA After a hearing where you both have the opportunity to give your side of the story through your testimony, evidence and witnesses, a judge may grant you Final Protection Against Abuse (PFA).

A final AFP has a maximum duration of three years and can be extended in certain circumstances.4 For more information on how to renew a final AFP, see How do I extend my abuse protection? A: An AFP order can take up to three years. The duration of the PFA is determined by the judge who presides over the action for protection against abuse. If the defendant has breached the PFA`s order, it can be extended for another three years. Abuse protection is a civil procedure designed to prohibit a party (the defendant) from having contact with, harassing, abusing or communicating with the other party (the plaintiff). An abuse protection order, also known as a “PFA,” is similar to what other states have, such as a restraining order. An AFP order is an order issued and signed by a judge of the Court of Common Pleas. Contrary to what can be seen in the movies, PFAs do not prohibit a person from moving a certain distance from another person. Although an AFP is a civil matter, if injured, the defendant can be charged with indirect criminal contempt and sent to jail for up to six months and/or pay a fine of up to $1000.00.

Legal protection from an abuser for you and your children can be an overwhelming process, especially considering that you have to deal with the trauma and devastation of violence. The good news is that you don`t have to do it alone. Pennsylvania Protection Order attorney Sheryl R. Rentz is committed to protecting the rights of victims of abuse and can help you get the legal protections you need. Please call (866) 290-9292 for immediate assistance. Q: The person against whom I filed an AFP order violated the terms of the order.