Navigating the complexities of family law is confusing, especially when they directly affect your liberties. When you are given a Protection from Abuse (PFA) order in Pennsylvania, it can affect every area of your life – from your personal relationships to your employment. Depending on the circumstances, a PFA order can also impact your ability to receive child support payments, or your ability to make your child support payments.
Unfortunately, domestic violence accusations can be made from several circumstances. Meaning there is space for them to be made out of spite, for revenge, or even out of boredom when tensions run high in familial situations. Moreover, many domestic violence incidents occur out of a reaction to an instigating circumstance. As such, working with an experienced family law attorney is the best way to ensure you are not being punished unnecessarily.
If you or someone you know is struggling to understand how a PFA order will impact their child support, contact the LLF Law Firm today at 888-535-3686 for help or schedule a consultation online.
What is a PFA Order?
A Protection from Abuse order in Pennsylvania is a civil court order designed to protect victims of domestic violence, intimate partner abuse, or family abuse. It is a legal document that forbids an alleged abuser from having contact with the victim and, in many cases, their children.
The main requirement of a PFA is that there is some sort of domestic relationship between the plaintiff and the defendant. That is, they must be currently in a sexual relationship, formerly sexual partners, currently spouses, formerly spouses, family members, individuals living in the same household, or parents of the same child.
Pennsylvania also specifies that PFAs can only result from certain kinds of conduct. So, if a plaintiff is seeking a PFA, they must (1) have some sort of domestic relationship with the defendant, as described above, and (2) have experienced domestic violence. Domestic violence is a sort of broad umbrella of terms, but it includes emotional abuse, physical abuse, rape, forced unwanted sexual acts, and threatening children.
There are two kinds of PFA orders: (i) temporary and (ii) permanent.
Temporary PFA
To obtain a temporary PFA, an alleged victim can simply head down to the Court of Common Pleas in the county where they live and file a PFA petition. Once the petition is filed, it will be given to a judge for review. If the judge believes the victim or their children are in immediate danger, they may sign a temporary PFA order. It's important to note that even if the temporary PFA is not granted, the judge will still likely give the victim and defendant a court date for a final hearing within 10 business days.
In other cases, getting to the Court of Common Pleas will be impossible. These victims can call the local police department or 911 to find out which magisterial district judge is on call. The judge can grant an emergency PFA over the phone that is valid until the next business day, at which time the victim has to come down to the courthouse to file a temporary PFA order.
A temporary PFA can be issued quickly, often without the alleged abuser present, to provide immediate protection. A final PFA is issued after a hearing where both parties can present evidence and testimony.
Moreover, a PFA order can include a number of different provisions, such as:
- Requiring the abuser to relinquish their firearms.
- Preventing the abuser from contacting the victim.
- Evicting the abuser from a shared residence they have with the victim or their children.
- Granting the victim temporary custody of the shared children.
PFA orders are enforceable across state lines, and violations can result in criminal charges. While primarily aimed at protection, a PFA can indirectly affect other legal matters like child custody and support arrangements. It's important to note that filing a PFA is a serious legal step and should not be taken lightly or used for manipulative reasons. However, if you feel like you are being manipulated by a PFA order, it is important to work with an experienced family law attorney to ensure you have every chance to avoid such a disastrous outcome.
Permanent PFA
After a temporary PFA is granted, a final hearing will be scheduled within 10 business days of filing the initial PFA petition. At this hearing, both the victim and defendant will have the opportunity to present their cases. It is up to the victim, though, to prove by a preponderance of evidence that abuse occurred. This means the judge will decide whether the evidence showed it was more likely than not that the victim's version of events is correct. If they decide that the victim has proven this, they will issue a final PFA order.
While temporary PFAs offer protection for 10 days, permanent PFAs will provide longer-term protection and can include provisions such as custody arrangements, eviction of the abuser from a shared residence, and prohibition of contact with the victim.
Violating a PFA
PFA orders are vital legal tools designed to safeguard individuals from domestic violence and abuse, as explained above. In Pennsylvania, even temporary PFAs carry significant weight, and violating one can lead to severe repercussions.
When a person violates a temporary PFA, they're not just breaking a civil order – they are committing a criminal offense. The justice system takes these violations very seriously, and the consequences can be life-altering.
First and foremost, violating a temporary PFA can result in immediate arrest. Law enforcement officers have the authority to make an arrest without a warrant if they have probable cause to believe a violation has occurred. This means that even a seemingly minor infraction, such as sending a text message or driving by the protected person's home, can lead to handcuffs and a trip to jail.
Once arrested, the violator faces charges of indirect criminal contempt of court. Unlike typical criminal charges, these cases are decided by a judge rather than a jury. If found guilty, the penalties are steep and can include up to six months in jail, fines ranging from $300 to $1,000, and up to six months of supervised probation. Beyond these immediate penalties, a conviction results in a criminal record, which can have long-lasting effects on a defendant's employment, housing, and other aspects of daily life.
The court may also extend the existing PFA order, potentially turning a temporary order into a long-term one. For those involved in custody disputes, a PFA violation can severely impact their rights and access to children. Additionally, violating a PFA can negatively impact immigration status or citizenship applications. In some cases, it can even cause a defendant's driver's license to be suspended.
It is crucial to understand that unintentional violations can also trigger these consequences. The law doesn't distinguish between deliberate defiance and accidental contact – any violation is treated seriously.
Child Support Payments
Child support payments are considered a separate legal issue from protection orders. Because of this, the obligation to pay child support continues regardless of a PFA order, as it is viewed as the child's right to receive financial support from both parents.
However, if there are significant changes in circumstances related to the PFA order that could affect child support, either parent can petition the court for a modification of the existing child support order. The court will need to review the specific circumstances and determine if a modification is warranted based on the best interests of the child and the financial situation of both parents.
Can a PFA Order Affect My Ability to Receive Child Support?
While PFA's and child support awards are matters that are interconnected by family dynamics, they are separate legal matters. In Pennsylvania, a PFA order won't typically directly affect your ability to receive child support, but it can indirectly impact it.
If you are unsure how your PFA could impact your ability to receive child support, contact the LLF Law Firm today for more information.
Custody Arrangements
In some cases, PFAs can affect custody or visitation schedules, which could potentially influence child support calculations. Child support amounts are often based in part on how much time each parent spends with the child.
Thus, if you usually receive child support because you have custody of your children and a PFA is issued against you to protect the children, taking them out of your custody, the amount of child support you receive will change.
Enforcement
While not a modification per se, PFA orders in Pennsylvania may lead to stricter enforcement of existing child support obligations, such as wage attachment or contempt proceedings for non-payment.
When a child support order is issued, Pennsylvania law mandates wage attachment, which forces your employer to deduct the child support payments directly from your paycheck and send it to the Domestic Relations Section. If wage attachment fails to cover the full support amount or payments are not made, enforcement actions will follow.
Moreover, if you fail to pay child support despite wage attachment, you can be charged with contempt of court. Contempt proceedings require that you willfully violated the court order by having the ability to pay but refusing to do so. These proceedings can incur fines, up to six months of jail time, and mandatory lump-sum payments or employment orders.
If any condition of a PFA order is violated, such as attempting to contact the plaintiff or children, the defendant can be immediately arrested and subject to additional charges, which can prevent them from paying child support. However, if they are jailed for contempt, they may be allowed to partake in a work release program that will allow them to continue making child support payments.
Temporary Support Orders
Pennsylvania courts can include temporary child support provisions as part of a PFA order. These remain in effect until they expire or until a court enters a new order in a separate action regarding child support. Thus, if the temporary support order is issued as part of the PFA order, and the defendant fails to make a payment, they can then be penalized for violating the PFA.
Address Confidentiality
In cases where the victim's address needs to be kept confidential for safety reasons, alternative arrangements may need to be made for child support payments to protect the victim's location. If, for some reason, the defendant is unable to make arrangements for the child support payments to continue being made because of address confidentiality, they could be punished for violating the PFA.
This is just another reason why working with a skilled family attorney is the only way to ensure you are not being unnecessarily penalized for actions that were outside your control.
Financial Obligations
While a PFA order does not eliminate child support obligations, it may include provisions about other financial responsibilities, such as requiring the abuser to pay for damaged property or medical bills related to abuse. This could potentially affect their ability to pay child support.
Income Changes
If the PFA order affects either parent's employment or income situation, this could be grounds for modifying child support. In Pennsylvania, a significant change in circumstances may warrant a modification of child support.
Contact Restrictions
The PFA may limit contact between the parents, which could make it more difficult to discuss or arrange child support payments directly. However, child support payments can still be made through the court system or other intermediaries. So, this should not impact your ability to receive a child support payment.
How LLF Law Firm Can Help
PFA orders and child support obligations are separate legal matters, but they can significantly impact each other in practice. The presence of a PFA order may alter custody arrangements, visitation schedules, and even employment opportunities, all of which can indirectly impact child support calculations.
If you or someone you know has been given a PFA order while also needing to make child support payments or who receives child support payments from someone with a PFA order against them, the experienced attorneys at LLF Law Firm can help. Call our offices today or schedule a consultation online.
