How to Seek an Order of Protection in Pennsylvania Family Law

Seeking an order of protection in Pennsylvania is a critical process for individuals facing domestic violence or threats from an intimate partner. In Pennsylvania, these protective orders are known as Protection from Abuse (PFA) orders. Understanding the steps involved can help ensure your safety and legal rights are upheld.

1. Understanding the Grounds for a PFA
To seek a PFA order in Pennsylvania, you must show that you have experienced abuse. This includes physical harm, fear of imminent serious harm, or any act that causes you to be in reasonable fear for your safety. The law defines "abuse" as the infliction of bodily injury, creating a fear of bodily injury, or the imprisonment of another person.

2. Filing a Petition
The first official step is to file a PFA petition, which is available at your local courthouse or online. You will need to fill out a form detailing the abuse and provide information about your abuser. Make sure to include any evidence that supports your claims, such as photographs of injuries, police reports, or witness statements.

3. Emergency Protection
If you are in immediate danger, you can file for a temporary PFA order. This can often be obtained quickly and may be granted the same day if the court deems it necessary. This temporary order typically lasts until a full hearing can be held, generally within 10 days.

4. Attending the Hearing
A hearing will be set to allow both you and the alleged abuser to present your sides. It’s crucial to prepare your testimony and gather any supporting documents or witnesses. You may want to consider hiring an attorney who specializes in family law to represent you. The court will decide whether to extend the protection based on the evidence presented.

5. Consequences for the Abuser
If the court issues a PFA order, it can impose various restrictions on the abuser, including prohibiting them from contacting you, visiting your residence, or coming near you at work or school. Additionally, the abuser may be required to relinquish any firearms.

6. Duration and Enforcement
A PFA can be granted for a specific period, usually up to three years, but it can be extended based on circumstances. It's important to keep a copy of the order with you at all times and report any violations to law enforcement immediately. Violating a PFA can result in severe legal consequences for the abuser.

7. Resources and Support
Throughout this process, it is essential to seek support from local resources such as domestic violence shelters, hotlines, and legal services. Organizations like the Pennsylvania Coalition Against Domestic Violence can provide assistance, resources, and even legal advocacy.

By understanding the process of seeking an order of protection in Pennsylvania, you can take vital steps toward safeguarding your well-being and reclaiming your peace of mind.