Defending a PFA (Protection from Abuse) Order
What is a PFA?
In Pennsylvania, those alleging an abusive relationship can obtain a court order prohibiting the abuser (the defendant) from contacting the victim (the plaintiff). This court order is called a Protection from Abuse Order, or a PFA. PFAs are only available to those who have an intimate or familial relationship with the defendant. Unlike in other jurisdictions, a plaintiff cannot obtain a PFA against an individual where the relationship is platonic or otherwise.
The process for filing a PFA varies slightly by county, but in general, the plaintiff files a statement with the clerk in the domestic relations section of his or her local Court of Common Pleas that sets forth facts supporting the allegations of abuse. The burden of proof for the plaintiff at this stage is extremely low, almost no proof is needed other than a statement.
Once the necessary paperwork is filed and approved, the court will issue a temporary PFA that will last 10 business days and the defendant will be served with the order. Within these ten days, a final PFA hearing must be held to determine whether the facts support a final PFA. The terms of a temporary PFA will be that the defendant is prohibited from contacting the plaintiff physically or verbally in any manner, including through third parties, and if the alleged abuse involved weapons, that the defendant must turn over any weapons to a local law enforcement agency pending the final hearing. Additionally, if the parties live together, the order will evict the defendant from the residence pending the final hearing.
It may seem very subjective and easy to obtain a PFA, but it some sense, it is meant to be. Very often in abusive relationships, a truly abused party is reluctant to report the abuse for fear of retaliation by the other party. The low standard of initial proof is meant to immediately protect those who are truly abused so that there is no risk of further harm until a fact-finding hearing can be held. Unfortunately, in some cases, people “cry wolf” and file PFAs for ulterior motives. In such situations, the PFA does more harm than good.
You received a PFA. Now what?
If you have received a PFA, there is no need to panic. Although the ten days of no contact and turning over otherwise lawfully possessed weapons may cause inconvenience, it is nothing compared to the stress that will ensue from non-compliance of the order. It is important that you contact an attorney immediately after being served with the PFA to discuss the facts surrounding the case and your options that can include a mutual agreement or full defense.
It is not only critical that you choose a good attorney, but it is also important that you are honest with the attorney leading up to the hearing and that you remain in compliance with the temporary PFA. Holding back any information from the attorney or violating the order will only hurt your chances of getting the PFA dismissed at the final hearing.
The final PFA hearing is much different from the process of filing for the initial temporary PFA. At this hearing, the plaintiff must present actual evidence of the abuse stated in the original statement that was given. A strategic attorney will use any evidence from the relationship that may help disprove the allegations and attempt to discredit any witnesses. PFA hearings are not open to the public. As such, the hearing will consist of the judge, the attorneys, the parties, and any witnesses that will testify. If the plaintiff does not meet his or her burden to show the abuse occurred, the judge will dismiss the PFA. At this point, contact is allowed and the return of any lawfully possessed weapons is mandated. It is then the option of the parties whether or not to continue the relationship.
Every case is different, but Attorney Adam Andrae has the experience and success rate in family court that will help in building a strategy to advocate for the dismissal of a PFA. Contact us today to review your case.
In Pennsylvania, those alleging an abusive relationship can obtain a court order prohibiting the abuser (the defendant) from contacting the victim (the plaintiff). This court order is called a Protection from Abuse Order, or a PFA. PFAs are only available to those who have an intimate or familial relationship with the defendant. Unlike in other jurisdictions, a plaintiff cannot obtain a PFA against an individual where the relationship is platonic or otherwise.
The process for filing a PFA varies slightly by county, but in general, the plaintiff files a statement with the clerk in the domestic relations section of his or her local Court of Common Pleas that sets forth facts supporting the allegations of abuse. The burden of proof for the plaintiff at this stage is extremely low, almost no proof is needed other than a statement.
Once the necessary paperwork is filed and approved, the court will issue a temporary PFA that will last 10 business days and the defendant will be served with the order. Within these ten days, a final PFA hearing must be held to determine whether the facts support a final PFA. The terms of a temporary PFA will be that the defendant is prohibited from contacting the plaintiff physically or verbally in any manner, including through third parties, and if the alleged abuse involved weapons, that the defendant must turn over any weapons to a local law enforcement agency pending the final hearing. Additionally, if the parties live together, the order will evict the defendant from the residence pending the final hearing.
It may seem very subjective and easy to obtain a PFA, but it some sense, it is meant to be. Very often in abusive relationships, a truly abused party is reluctant to report the abuse for fear of retaliation by the other party. The low standard of initial proof is meant to immediately protect those who are truly abused so that there is no risk of further harm until a fact-finding hearing can be held. Unfortunately, in some cases, people “cry wolf” and file PFAs for ulterior motives. In such situations, the PFA does more harm than good.
You received a PFA. Now what?
If you have received a PFA, there is no need to panic. Although the ten days of no contact and turning over otherwise lawfully possessed weapons may cause inconvenience, it is nothing compared to the stress that will ensue from non-compliance of the order. It is important that you contact an attorney immediately after being served with the PFA to discuss the facts surrounding the case and your options that can include a mutual agreement or full defense.
It is not only critical that you choose a good attorney, but it is also important that you are honest with the attorney leading up to the hearing and that you remain in compliance with the temporary PFA. Holding back any information from the attorney or violating the order will only hurt your chances of getting the PFA dismissed at the final hearing.
The final PFA hearing is much different from the process of filing for the initial temporary PFA. At this hearing, the plaintiff must present actual evidence of the abuse stated in the original statement that was given. A strategic attorney will use any evidence from the relationship that may help disprove the allegations and attempt to discredit any witnesses. PFA hearings are not open to the public. As such, the hearing will consist of the judge, the attorneys, the parties, and any witnesses that will testify. If the plaintiff does not meet his or her burden to show the abuse occurred, the judge will dismiss the PFA. At this point, contact is allowed and the return of any lawfully possessed weapons is mandated. It is then the option of the parties whether or not to continue the relationship.
Every case is different, but Attorney Adam Andrae has the experience and success rate in family court that will help in building a strategy to advocate for the dismissal of a PFA. Contact us today to review your case.