Preventing domestic violence is a priority for both Pennsylvania law enforcement and Pennsylvania's state legislature. To that end, Pennsylvania passed the Protection From Abuse (PFA) Act in 1990. The act created additional protections for domestic violence victims by allowing them to get court orders for protection from their abuser. These court orders keep victims safe from their abusers before and after the trial by limiting the abuser's contact with the victim.
Are you facing domestic violence charges or a PFA hearing in Pennsylvania? A PFA order could have severe consequences, including removal from your home and the loss of custody or visitation of your children. You could also lose your Second Amendment rights. Don't forget you have a right to have an attorney mount an effective defense. Call the LLF Law Firm Criminal Defense Team can help. Call us at 888-535-3686 or contact us online today.
Protection From Abuse Act
Domestic violence is already a crime in Pennsylvania. Unfortunately, domestic cases often include a cycle where the victim is intimidated or re-victimized by the aggressor after the initial arrest. This puts the victim in increased danger and makes domestic violence more difficult to prosecute. In other cases, the aggressor returns to harm the victim even after being found guilty. The Protection From Abuse Act was designed to address both of these issues.
If you are charged with domestic violence, the alleged victim in your case can file for protection under the PFA. Once they file for the order, the police in your jurisdiction will serve you with a PFA notice that schedules a formal hearing. At this hearing, a judge will decide if you pose a continuing threat to the alleged victim in your case. If you fail to appear at the hearing, the presiding judge may rule against you by default.
When Will Your PFA Hearing Occur?
PFAs are a matter of public safety, and as such, the courts seek to resolve them as quickly as possible. If you receive an order advising you of a PFA hearing, the hearing will take place within ten business days of you being served with the order.
Definition of Abuse Under the PFA
According to the PFA, any of the following activities constitute abuse:
(1) Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault, or incest with or without a deadly weapon; (2) Placing another in reasonable fear of imminent serious bodily injury; (3) The infliction of false imprisonment pursuant to 18 Pa.C.S.A. § 2903; (4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63; and (5) knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under the circumstances which place the person in reasonable fear of bodily injury.
PFA Hearings Are Different From Criminal Trials
It's important to understand PFA hearings are different from criminal trials in several important respects. First, the purpose of a PFA hearing is not to determine your innocence or guilt. Instead, the PFA will focus on whether you pose an immediate and ongoing danger to the alleged victim in the case.
If you are found to pose this danger, you could be subject to several additional legal restrictions before the trial, even if you are out on bail during this time. Another important distinction is that, unlike your criminal trial, it will be a judge who rules on your PFA hearing instead of a jury. Additionally, the judge in your PFA hearing will have wide latitude to impose whatever measures they deem necessary to protect the alleged victim.
Preponderance of the Evidence
Perhaps the most important difference between a PFA hearing and your criminal trial is the standard of proof. Whereas the standard for guilt or innocence in a criminal case is “beyond a reasonable doubt,” PFA hearings have a much lower bar. All the victim needs to do is present a “preponderance of the evidence” that you pose a potential threat, and the judge may rule against you.
The “preponderance of the evidence” is the same legal standard that applies in criminal trials. Unlike “beyond a reasonable doubt,” the preponderance standard is much more subjective. Different judges could rule differently on the same facts in a PFA case. However, all a judge needs to believe in a PFA hearing is that it's “more likely than not” that you pose a danger to the victim.
This means the victim doesn't need to prove each element of the crime or every allegation in the same way they would have to at a criminal trial. The reality that county judges are elected officials who don't want the publicity of a PFA ruling that resulted in further harm to the victim makes it easier to lose a PFA hearing than you realize. The LLF Law Firm Criminal Defense Team can help.
What Restrictions Can Judges Impose in PFA Hearings?
The goal of the PFA is to protect domestic violence victims or people that judges in PFA hearings are at risk of domestic violence. To that end, a PFA is a restraining order that can apply to the victim and, if necessary, their child. The judge who grants the order has the discretion to determine the outcome of a PFA hearing and the terms of the order. The maximum length of a PFA is three years.
Any further contact with the victim is generally prohibited while a PFA is in place. In addition to that, anything that could reasonably be construed as stalking or harassment (e.g., showing up at the victim's home, workplace, or the child's school) is prohibited in PFAs. Judges can also impose other restrictions, such as forcing you to maintain a certain distance from the victim (or their children).
If you're ordered to maintain a certain distance from the victim, but you are living in the same home at the time of the PFA hearing, you will have to vacate the premises. This can cause extreme disruption in your life, and if you are the head of the household, you may have to continue paying the rent and/or child support while the PFA is in effect.
Judges in PFA hearings can also impose restrictions on your Second Amendment rights. It's a sad reality that many domestic abusers with access to otherwise legally acquired firearms have used those weapons against their victims. A judge may suspend your right to own or possess firearms for the term of the PFA order. If the judge grants a final PFA order, your rights to own or possess firearms could be temporarily or permanently stripped.
Penalties for Violating a PFA
Having a PFA order against you is a legal restriction, but it is not a criminal conviction. You may be able to retain your freedom and ability to go to work while the order is in effect, but violating a PFA order is a criminal offense. If you fail to abide by the terms of the PFA order, you can be charged with contempt of court.
The penalty for each violation is up to six months in jail and/or a fine of up to $1,000. It's important to abide by the terms of a PFA order. Our criminal defense team can advocate on your behalf to get the least restrictive terms possible, but judges are known to take strong stances against people who violate PFAs.
If a judge finds you guilty of contempt in connection to a PFA, they will likely impose a very stiff sentence. We strongly advise against you taking the law into your own hands by violating a PFA. Even if you think the terms are unfair, our criminal defense team can work towards an appeal or having your PFA order vacated. However, our likelihood of success will diminish significantly if you violate a PFA order.
Other Potential Adverse Effects of a PFA
Losing access to your home and children under the terms of a PFA order has harsh potential consequences, but PFAs can negatively impact your life in other ways. If the complaining party in your case is someone that you work with, a PFA order could potentially cost you your job. You may have to ask your employer to devise an alternative arrangement, such as remote work, to accommodate the order.
If your employer is unwilling or unable to make these accommodations or the scope of your duties makes such an accommodation impossible, a PFA order could cost you your job. A PFA may also complicate your employment or career in other ways. If you hold certain professional licenses or certifications, the impact of a PFA may be more severe.
For example, if you are employed as a licensed law enforcement officer (e.g., policeman, state trooper, county sheriff) or medical professional (e.g., doctor, nurse), having a PFA order granted against you may violate the terms of your licensure. That means a PFA hearing could also lead to you facing license discipline. Having the LLF Law Firm on your side can be of benefit here because we also offer professional license defense in Pennsylvania.
Who Can File for a PFA
Although partner-on-partner violence is one of the most prevalent types of domestic violence, it is not the only one. Abuse comes in many forms, and there is no set pattern as to who an abuser may be and who may be a victim. The PFA recognizes this and allows any of the following people to seek PFA protection:
- Any family members, irrespective of whether the familial tie is via blood or marriage
- Your current or former love interest, spouse, dating, or intimate partner
- Parents and children
- People you share a home with (friends or family)
- A current or former partner you share a child with
What Types of Proof Can Accusers Provide
The main focus of a PFA hearing is determining whether there is a preponderance of evidence that you have committed an act of domestic violence. To this end, the accuser can bring several different forms of evidence. They include, but are not limited to:
- Eyewitness testimony
- Affidavits or other written evidence of abuse (e.g., journals)
- Testimony from the victim's friend and family
- The fact you have already been convicted of domestic violence in connection to the PFA hearing
Although all of these are persuasive, one of the most effective pieces of evidence that can be entered against you in a PFA hearing is medical evidence. This could include one or more of the following:
- Timestamped photographs taken after the alleged assault
- Medical records (e.g., X-rays, doctor's reports)
- Videotaped evidence of the assault and/or post-assault examination that documents the injuries
PFA Orders Can Come Before and After Conviction
In extreme cases where the victim and/or the local police believe the victim's life is in immediate danger, the judge may grant a temporary PFA that will be in effect until the conclusion of the criminal trial. If you are found guilty at trial, evidence from your criminal case may be entered against you at the PFA hearing. The judge will consider all this evidence in determining the restrictions and the length of the PFA.
If you are sentenced to a term in prison due to a domestic violence conviction, the PFA may not come into effect until after you are released. In either case, that's why it's important to get our criminal defense team working for you as soon as possible. We can represent you at both the criminal trial and the PFA hearing.
The continuity and information flow when both cases are handled in the same house could be advantageous. If we can generate a positive outcome in your criminal trial, it may elevate your prospects for a positive result at the PFA hearing.
How Can the LLF Law Firm Criminal Defense Team Help?
The LLF Law Firm has extensive experience defending clients against criminal charges of all kinds in Pennsylvania, and that includes domestic violence. We understand the complexities and high emotions that are often involved with these cases. More importantly, we realize the outcome of your case will impact your life for many years into the future.
Domestic violence is not just any criminal charge. Simply being charged with domestic violence can lead to a PFA order, and the desire by law enforcement to protect victims can lead to a rush to judgment in your case. The prosecutor and the police will be representing the state of Pennsylvania against you in both the domestic violence case and your PFA hearing.
That's a lot of potential legal firepower aimed in your direction, but our team has the skill, the experience, and the determination to fight back. We will defend your right to the presumption of innocence and challenge the state's evidence at trial. Our criminal defense team has been practicing long enough to understand that you are fighting for your freedom and your reputation in domestic violence trials or PFA hearings.
We will not allow overzealous judges to trample your rights during the pretrial process or PFA hearing. One prominent example is hearsay testimony. Although it is generally not accepted at criminal trials, complaining parties in PFA hearings may try to get hearsay evidence against you entered into the record. This is something we will vigorously protest as your attorneys.
Keeping Track of Important Dates and Paperwork
Being arrested or accused of domestic violence is the kind of thing that turns your world upside down. When this happens, it's easy to lose track of relevant dates and filing deadlines that impact your case. For example, missing the PFA hearing could result in you having an order granted against you via default.
You won't have to worry about that if you put our criminal defense team to work for you. We will stay on top of all these dates and make sure you are fully informed about the process. If necessary, we can help you reschedule your PFA hearing date. This kind of efficient case management and communication can maximize our chances of achieving a positive result for you.
Other Potential Outcomes of a PFA Hearing
It's perfectly normal to worry when you get your notice of a PFA hearing. Many people immediately fear the worst, but there are multiple potential outcomes of a PFA hearing. First, we will do everything we can to demonstrate to the judge that you don't pose a danger to the victim and that a PFA is not necessary. That is the ideal outcome.
However, PFA cases involve relationships and family. This can complicate matters, but it can also create an opportunity that allows us to engineer a mutually acceptable outcome in your case. One of the reasons we stress the importance of you attending your PFA hearing is that it gives us a chance to present evidence on your behalf. However, you will also get the opportunity to negotiate a solution.
We can work as your intermediary in discussions with the state and the victim to settle the case with a Final PFA Order by Consent. That would be an agreement that both you and the complaining party submitted to, which adequately addressed their safety concerns while possibly allowing you to maintain visitation rights with your children or some other accommodations.
The maximum length for a final PFA Order by Consent is three years, and you must comply with its terms. However, we can help you negotiate an order by consent that will be more amenable to you than the judge's final order. This may be a better outcome for you than the final verdict the judge may render in a PFA hearing. It isn't possible in every case, but we will certainly explore this option for you.
Can PFAs be Expunged From Your Record?
One of the most damaging aspects of being called to a PFA hearing is that it becomes part of the public record of the court where the hearing is heard. The presence of a PFA on your record can limit your opportunities for quality employment and housing. With this in mind, many people involved in PFAs or domestic violence cases wonder if PFAs can be expunged.
The answer is complicated. There is a limited set of circumstances under which a PFA can be expunged. One is when the presiding judge dismisses the request for a PFA. The other is when the judge never issued a final order because the complaining party retracted their complaint. However, once a judge's permanent final PFA order has been issued, it cannot be expunged.
That's why it's so important to contact the LLF Law Firm Criminal Defense Team immediately after you are notified of a pending hearing. Ignoring the notice and not showing up at the hearing will surely result in an adverse result. With that said, attending the hearing and representing yourself could be an equally reckless gamble. You deserve quality representation when your future and your reputation hang in the balance at a PFA hearing.
We're Here to Fight for You When You Need an Ally
Facing domestic charges can feel like a nightmare, and getting notice of a PFA hearing is one of the worst parts of that bad dream. That doesn't mean there is no way out of your situation. You have the right to an attorney, and who you choose will have a massive impact on your case. We want that impact to be positive.
Quality legal representation can make a difference, and the LLF Law Firm Criminal Defense Team offers you a team of quality attorneys who will be on your side when you need it the most. Call the LLF Law Firm Criminal Defense Team at 888-535-3686 or contact us online today. We take pride in fighting for our clients.