Protection from Abuse Order
A Protection From Abuse Order, or “PFA”, is what is commonly referred to as a restraining order. A PFA is a civil order signed by a judge which prevents an abuser from contacting you and your children in any way.
What is the PFA process?
In Pennsylvania, there are different types of PFA’s someone can obtain depending on whether a judge determines they need legal protection.
Emergency Order:
If someone is in need of immediate protection when the courts are closed, they can call the local police department or 911. They will have the opportunity to speak to the local magisterial judge. If the judge thinks he or she is in immediate danger, they will be given an emergency PFA. This will last until the next business day. If they do not go to court on the next business day to apply for an ex parte temporary PFA, the emergency order will expire. The alleged abuser will not have an opportunity to defend an emergency PFA request.
Ex parte temporary PFA:
An ex parte temporary PFA is granted when a judge finds a person or their minor children are in danger of further domestic abuse and need immediate protection. Similar to an emergency PFA, a judge will make his or her decision to grant the PFA based only on the information provided by the victim. The alleged abuser will not have an opportunity to be heard in court. If the PFA is granted, the temporary order will last until the subsequent court hearing for a final PFA. Here, the abuser will be given the opportunity to testify and present evidence in his or her defense. A hearing is usually scheduled within 10 business days. A final PFA, if granted, can last up to 3 years and can be extended in certain situations.
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Enrique Latoison - author
Managing Partner and founder of Latoison Law, Enrique Latoison, Esq. represents a diverse portfolio of clientele, including individuals, families, businesses and working professionals, in all of their legal needs. You can find him on twitter and facebook or write to him at [email protected]. Mr. Latoison earned his Juris Doctorate degree from the James E. Beasley School of Law at Temple University, where he received awards in class excellence and accolades in distinguished class performance and outstanding trial advocacy.