Serving in the US military is an incredible honor. Whether you are a non-combatant or a soldier on active duty, you play a priceless role in keeping America safe and promoting order and stability. However, the responsibility you carry means that you are held to rigorous standards of conduct and professionalism. If you are accused of certain offenses, such as stalking, domestic violence, or sexual assault, then you could face a penalty known as a protection from abuse (PFA) order. A PFA order can significantly impact your ability to continue in military service – or even join the US military at all. Given how serious the repercussions can be, it's imperative that you get legal advice as soon as you discover that there's a PFA order against you or that you face criminal charges. Call now at 888.535.3686 to retain the LLF Law Firm Criminal Defense Team. You can also complete our online form if you prefer.
PFA Orders in Pennsylvania
A protection from abuse order is a civil court order that is designed to prevent an individual from harming or threatening to harm a household member. In this context, “household members” include spouses, in-laws, current or ex-partners, and anyone you have a biological child with. It does not include, for example, work colleagues or neighbors.
A household member can file for a protective order if they believe they are a victim of abuse and that there's a reasonable threat of imminent bodily harm or serious injury. If a judge is convinced that the order is necessary to protect the individual, then they will pass the order against the defendant.
The PFA order will describe what behavior is prohibited. Common restrictions include being unable to:
- Contact the victim
- Be within a certain vicinity of the victim
- Return to the home they share
- Contact the victim indirectly e.g., through friends or family
A PFA order can inhibit someone's ability to see their children or attend significant life events, such as weddings, graduations, and funerals. It can also prevent them from returning to the workplace if they work at the same location as the victim.
Temporary PFA Orders
The petitioner's first step is seeking a “temporary” protective order. This order lasts around 10 days, and it's designed to protect the alleged victim until a judge can consider the case in more depth.
Temporary PFAs can also be issued on an emergency basis for a very short period, e.g., outside normal court hours. Emergency PFA orders last until the petitioner can file for a temporary PFA order during regular court hours.
Final PFA Orders
Final PFA orders are issued if the judge is satisfied that the incidents took place as described and that the orders are necessary to protect the victim from further harm.
A final PFA order lasts for up to three years, but it can be extended as required. This means that you could face protective order restrictions indefinitely – which is not good news for your military career.
Can a PFA Order Affect My Military Career?
Unfortunately, the answer is yes. In fact, a PFA order can significantly jeopardize your military career – even if it's just a temporary order. For example, if you serve alongside the victim, you may be unable to continue in your current position. Or you could be discharged completely in the worst-case scenarios. Let's take a closer look at the most common consequences of a PFA order for military personnel.
Loss of Right to Bear Firearms
The Second Amendment grants every US citizen the right to bear guns or firearms. However, you could lose this right to gun ownership – temporarily or permanently – if there's a PFA order against you. And if you can't carry or own a gun, then you are typically ineligible for military service unless you are strictly non-combatant military personnel.
Criminal Record
Depending on the accusations leading to the PFA order, you could now have a criminal record, which will substantially hinder your ability to either join the military or progress in your existing career.
Loss of Financial Benefits
Being subject to a PFA order, even temporarily, could limit your ability to seek or claim the financial benefits you should enjoy as a member of the US military. You may also suffer more generally from a loss of income if you lose your position.
Impact on Security Clearance
A PFA order could impact your security clearance. This will depend on the accusations against you and the terms of the PFA order. As a result, you may be unable to retain your current rank or position in the military. This could impact you financially or psychologically, particularly if you lose your rank.
Loss of Promotion Opportunities
A PFA order can impact your ability to move up the military ranks. This could be, for example, due to restricted security clearance or the loss of the right to carry a firearm. However, there are various reasons, depending on the facts of your case, which could mean that you find it harder to progress following a PFA order.
Demotion
Even if you're able to continue serving in the military, you could lose your rank or be demoted from a combat to a non-combat role – at least temporarily. This demotion could affect you financially and emotionally, but it may also have long-lasting repercussions for your progress in the military more generally.
Will a PFA Result in Military Disciplinary Action?
It's entirely possible. Under US military law, you can face disciplinary action for any conduct that calls into question your fitness to serve in the US Army. This means that you could be disciplined formally or informally by the military for a PFA order, alongside the civil penalties imposed by Pennsylvania courts.
Military disciplinary action for a PFA order varies. It all depends on the nature of the offenses alleged and whether you have violated a restraining order before. Put simply, the more serious the accusations, or if you have violated a restraining order, the more likely it is that you could face steeper penalties. The typical penalties include:
- Fines
- Formal reprimand
- Suspension
- Discharge from duty
Your attorney can explain what penalty level you could face depending on the circumstances of your case. They will also ensure that you are represented effectively at any military trial or disciplinary hearing.
Can I Really Be Discharged for Having a PFA Order Against Me?
In short, yes. It depends on the circumstances and the outcome of your case. But ultimately, if you're convicted of domestic violence, and there's a PFA order against you, then you could be discharged. This is because you can be discharged for committing crimes of “moral turpitude” or dishonest or immoral conduct. Domestic violence is typically considered a crime of moral turpitude, so it could result in a military discharge for being of an “unfit” character to serve.
Given how serious the penalties for a PFA order can be, it's crucial that you call the LLF Law Firm for representation the moment you suspect that you're facing domestic abuse proceedings or a PFA order.
Can a PFA Order Affect My Ability to Join the Military?
Yes. Just as you can be discharged for committing certain offenses, you can be prevented from joining the military in the first place if there's a PFA order against you. You may also be disqualified from joining because you cannot carry a firearm, and so you can't use weapons or receive the relevant training.
If you're facing a temporary PFA order, seek our help immediately so we can help you mitigate the long-term consequences of the allegations as far as possible.
Can I Appeal a Final PFA Order?
To protect your ability to serve in the military, you might consider appealing a PFA order. The good news is that it's possible to appeal a final PFA order if you can show grounds for seeking the appeal. For example, you might show that the judge erred in applying the applicable law or that they did not give equal or appropriate weight to all the evidence presented to them.
The issue is that appealing a PFA order is challenging – there's certainly no guarantee that a court will reverse the judge's decision. Our attorneys can explain how you might appeal a PFA order and the impact of any appeal procedures on your military service status.
How Can a PFA Attorney Help Me Defend My Military Career?
As military personnel can be deeply impacted by a PFA order, it's always worth considering hiring a PFA order defense attorney. Specifically, here's why you should retain our services if you aspire to a military career and you're defending a PFA order.
● Compassion
● Professionalism: From the moment you retain us, we will work diligently on your behalf. Whether we're presenting your case before a civil court judge or negotiating a fair resolution with your superiors, we will act with the utmost diligence and integrity at every step of the process.
● Dedication: Our attorneys care deeply about military service personnel and the critical role they play in our country's safety. We are dedicated to fighting for your rights and to ensure that you have a fair opportunity to remain in military service.
● Experience: We have successfully represented numerous individuals facing PFA orders in PA. We will use our knowledge of legal procedure, and our appreciation of the nuances involved, to help you craft the most effective possible defense.
There's a considerable amount at stake – professionally and personally – for any military personnel defending a PFA order. It's vital that nothing is left to chance. Retaining legal counsel at the earliest opportunity is a key step you can take to ensure that you have the fairest shot at the most favorable outcome open to you.
What to Do if You Are Facing a PFA Order in PA
If you're facing a PFA order, it's crucial that you act promptly to protect your best interests. Although your first step should be retaining the LLF Law Firm Criminal Defense Team, here are other steps you might take prior to the final PFA hearing.
- Refrain from contacting the petitioner. Although emotions will be running high, do not contact them in any way – not even indirectly, through family or friends. For one thing, you could be at risk of violating a temporary order. But it's also additional “ammunition” or proof of conduct that the petitioner might use against you.
- Gather your own evidence. This might include texts, emails, pictures, or other evidence to support your side of the story. The more evidence you have, the easier it is to defend your case.
- Cooperate with law enforcement and other public officials. Failing to cooperate only serves to worsen the situation. And in some scenarios, it could even lead to further charges.
Your attorney can help you build the strongest possible defense upon reviewing the evidence available and the strength of the petitioner's case against you.
Retain an Experienced Military Defense Attorney | LLF Law Firm
A military career is one of great honor and prestige. But a PFA order can, in the worst cases, bring a promising career to an abrupt and distressing end. And that's where the LLF Law Firm comes in. It's our privilege to help military personnel defend even the most complex and challenging PFA order cases. We will support you from the moment you retain us, walking you through the entire process and ensuring that your legal rights are respected. Our attorneys have significant experience representing military personnel across the nation, and we can use our wealth of knowledge of PFA order proceedings and military disciplinary action to your best advantage.
You deserve the chance to pursue the military career you've dreamed of. Don't give up on your goals without a fight. Call the LLF Law Firm now at 888.535.3686 or complete our online form to secure the representation you need.
