Westmoreland County, Pennsylvania, takes domestic violence and abuse seriously. From prevention to protection, county officials prioritize protecting residents. Protection from Abuse (PFA) orders provide court-ordered protection to filers, warning a person to cease all abuse or face legal consequences.
The LLF Law Firm Criminal Defense Team has experience defending Westmoreland County residents against abuse allegations. If you're dealing with a PFA order, give us a call at 888-535-3686 or fill out this confidential online form.
What Is a Protection from Abuse Order?
A Protection from Abuse Order is a civil injunction designed to protect abuse victims. It's similar to a restraining order in other jurisdictions and is requested by those who want protection from a resident in the state. Depending on the request, a PFA can:
- Prohibit all contact with the requestor or minor children
- Direct the accused to refrain from abusing the requestor or minor children
- Remove the accused from a shared home
- Shift visitation or custody of a minor child based on the risk of such custody or visitation
- Prohibit the accused from possessing or acquiring a firearm for the duration of the order
- Direct the accused to pay reparations for certain losses suffered as a result of the alleged abuse
- Shift ownership rights of companion animals
- Prohibit the accused from acquiring or owning companion animals
- Any other requested relief that the court deems reasonable.
Who Can Request a PFA Order?
In Westmoreland County, anyone who's suffered abuse may apply for a PFA order. PFA orders can be filed against:
- A current or former spouse
- A current or former intimate partner
- A parent
- A child
- A relative
- A person who shares biological parenthood
In order to qualify for a PFA in Westmoreland County, you must be at least 18 years of age or have a legal guardian present while filing.
What Qualifies as Domestic Abuse?
Under Pennsylvania law, courts in Westmoreland County define domestic abuse as one or more of the following activities:
- Causing or attempting to cause bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, or incest
- Putting someone else in reasonable fear of serious bodily injury
- False imprisonment
- Physically or sexually abusing minor children
- Repeatedly committing acts like following a person in a way that causes fear of bodily injury
Types of PFAs in Westmoreland County
There are three major types of PFAs issued in Westmoreland County:
- Emergency PFA: This type of PFA is designed to provide protection when the order can't be issued by the Court of Common Pleas. It remains in effect until the court can issue a temporary PFA, which will be at the end of the next business day when the court is open. You can download the form here and complete it, but you'll need to appear in person at the Court of Common Pleas on the next business day to have a temporary PFA issued.
- Temporary PFA: To get this type of PFA, you'll simply need to show up at the Court of Common Pleas on a business day and appear before the judge to request it. Keep in mind that the process can take several hours. A temporary PFA remains in place until the date of your hearing for a final PFA.
- Final PFA: Also known as a permanent PFA, this order is good for 36 months. The accuser can request an extension, but the court only grants these when the defendant is seen to be a continued threat to the accuser.
Having a PFA Against You
If you've been named in a PFA order, it's important to know what to expect. A PFA order is a civil matter, not criminal, but domestic abuse charges themselves can be criminal, leading to arrest. Violating the terms of a PFA can also land you in jail and have you paying fines, so you'll need to take it seriously.
However, being served a PFA can lead to serious disruptions. A PFA can:
- Force you out of your home
- Disrupt your visitation or custody rights
- Cause reputation damage
- Prevent you from owning firearms
- Affect your current employment
- Prevent you from landing new employment
- Violations can lead to criminal charges
- Remain visible to law enforcement officers for years
PFAs and Your Criminal Record
A PFA can understandably bring concerns about your criminal record. During the time your temporary PFA is in effect, it will be visible in the system to law enforcement officers, but technically, it only remains visible in the system until it's either converted to a final order or expunged. But in some cases, the order remains even after it's supposed to have been expunged, at which point you'll need an attorney's help to have it removed.
Final orders are a different story, though. The judge sets the timeframe for final protection orders to remain in the system. In most cases, that will be three years. But again, sometimes it takes an attorney's help to have it removed.
It's important to note, though, that a PFA isn't a criminal offense. As long as you follow the terms of your PFA, you won't have to worry about it showing up to potential employers or getting in the way of renting an apartment. The only concern is that law enforcement officers will see it in the system.
One area where it could hurt you, though, is with firearm dealers. In fact, you may not even know the court has failed to expunge your PFA until you try to purchase a gun. You'll only get the right to buy, own, or transport firearms once the order is removed from the system.
Defending Against a PFA in Westmoreland County
If you're named in a PFA in Westmoreland County, it's important to do what you can to protect your record and your reputation. Here are some steps you can take to protect yourself:
- Follow the terms outlined in the order: Take extra precautions to avoid violating the terms of the order. This includes cutting off all contact with the party who filed the PFA, moving out of your home, if required, and refraining from seeing or speaking to your children, if required.
- Attend all hearings: Within ten business days of a temporary order being issued, the court will schedule a hearing to discuss issuing a permanent order. Show up for this and any other hearings you're invited to attend, and bring any documentation and witnesses who can support your side of the story.
- Consult an attorney: Defending against a PFA can be tough, especially with so many emotions involved. The LLF Criminal Defense Team can not only advocate on your behalf, but we're familiar with the Westmoreland County PFA process and can help you know exactly what to expect.
Common PFA Defense Challenges
No matter where you live, a restraining order brings plenty of challenges. In Westmoreland County, defendants can expect to face one or more of the following roadblocks on the way to building a PFA defense:
- False accusations: While Westmoreland County requires credible evidence before temporary and final PFAs are issued, false accusations can happen. For defendants of those accusations, gathering enough credible evidence to counter those accusations can be tough.
- Child custody: If you're in a custody dispute, a PFA can jeopardize your side of things. You may find the court refuses to grant visitation or requires supervised visitation due to the order.
- Housing issues: If you're living with the person who filed the order, you'll typically need to live elsewhere. That means making separate living arrangements, often with little notice. It can also complicate crafting a defense since you may have left valuable evidence in your previous residence.
- Financial strain: A PFA order can be costly. First, you may need to pay for a place to live. You also will have to pay any financial support the court orders for minor children. Court and legal fees can add up, as well.
Defending Against a PFA
If you're facing a PFA in Westmoreland County, it's important to choose a legal team that understands Pennsylvania law. The LLF Criminal Defense Team has extensive experience both with PFAs and Westmoreland County court processes.
When you hire our team, we'll help with:
- Navigating the process: PFAs are typically new to most defendants. We'll go through the order with you and explain the breadth of the allegations, as well as what to expect when you go to court.
- Understanding your rights: PFAs prioritize the safety of accusers, but defendants have rights, too. Our team will ensure those rights are protected throughout the process.
- Defend against criminal charges: Although PFAs are a civil matter, violations lead to criminal repercussions. If that happens, you'll need legal representation.
- Manage appeals: A final PFA order can be appealed, and our team has experience in successfully appealing with Pennsylvania courts.
How to Contact Us
The LLF Law Firm Criminal Defense Team has years of experience with PFA defense in Pennsylvania. If you're named in a PFA order in Westmoreland County, give us a call at 888-535-3686 or reach out through our online form, and we'll be in touch.