A protective order or PFA (protection from abuse) order is not a criminal charge. It is a civil court order that prohibits the perpetrator from contacting the victim. However, PFAs can come about in relation to criminal charges being filed. In Cherry Ridge Township, a man was recently arrested by Pennsylvania State Police after he made terroristic threats against an elected official. On one occasion, the man sent a message to his mother claiming that he needed to kill the official, and he also sent a cartoon of a decapitated head along with a threat to harm the official. The man is in jail with bail set at $175,000, and the elected official has filed a PFA against him.

PFA Orders Without Criminal Charges

A PFA order is a civil proceeding, not a criminal charge. A victim can file a PFA regardless of whether criminal charges have been filed against the perpetrator. A spouse, domestic partner, co-parent, or family member can file for a Protection from Abuse order if an act of abuse has occurred. According to the law, abuse is defined as either causing or attempting to cause an injury or assault, whether physical or sexual. This also includes cause someone to fear that they are at serious risk of being injured.

You do not have to have been convicted – or even charged – of a criminal charge involving abuse, like assault, stalking, or harassment, in order to have a PFA issued. The plaintiff must apply for the PFA, allege that abuse occurred, and have an ex parte hearing with a judge. If the plaintiff's claims meet the requirements, a PFA will likely be issued.

PFA Orders With Criminal Charges

There are two ways that a protection from abuse order can be issued. In most cases, there must be a qualifying relationship between the plaintiff and defendant. This includes family members, domestic partners, spouses, former spouses, and anyone with whom you have had an intimate relationship (currently or formerly). If your family member or partner feels that they are in danger, they can seek a PFA through family/ civil court.

In some cases, a PFA can be issued to protect a person with whom you don't have a personal relationship. In the lead story, a man made terroristic threats against a public official with whom he did not have a personal relationship. He was arrested and charged with terroristic threats, and the judge issued a PFA against him. In this case, criminal charges were filed against the defendant. The PFA was issued through the criminal court, not civil or family court, and the judge issued a PFA in conjunction with the criminal charges.

What if a PFA or Criminal Charges Are Filed Against Me?

If a PFA and/or criminal charges have been filed against you, you need an attorney to represent you and advise you of the proper course of action. You need an attorney to guide you and help you understand the implications of the PFA and/or the charges against you.

Our Criminal Law Team are experienced Pennsylvania criminal defense attorneys who is very knowledgeable about PFAs. Call 888-535-3686 or go online to schedule a consultation right away.