The Commonwealth of Pennsylvania enacted the Protection from Abuse Act to combat domestic violence. In Allegheny County, the act protects individuals from further harm by allowing them to obtain a court-issued restraining order directing their abuser to stay away from them. This protection from abuse order, often called a PFA, is a beneficial tool to safeguard state residents. The individual who is the subject of a PFA, whether rightfully or wrongly accused, will be subject to major repercussions. If a court hands down a PFA against you, it can impact your job, living arrangements, child custody, ability to own firearms, and other aspects of daily life. A PFA is serious business.
It is crucial to obtain legal advice if you are or think you will be, subject to a PFA in Allegheny County. Never try to handle the matter on your own. The LLF Law Firm knows what to do when someone is accused of committing an act of domestic violence and faces a PFA. Justice applies to everyone, and the LLF Law Firm and its Criminal Defense Team will make sure your rights are protected. We can help regardless of your location in Allegheny County. From Pittsburgh to McKeesport to Mt. Lebanon, the LLF Law Firm is your best choice for PFA defense. Take action to preserve your rights by calling 888-535-3686 or use this online form to confidentially tell us about your case.
What is a PFA in Allegheny County?
A PFA is a civil court order, but if a defendant violates the order's terms, there may be criminal charges. A civil court issues a PFA when it is necessary for the law to protect someone. However, not everyone can obtain a PFA. In Allegheny County, one must be a victim to request a PFA, and the law defines a victim as an individual who is physically or sexually abused by a family or household member. Family members and household members consist of:
- Spouses or ex-spouses;
- Parents and children,
- People related by blood or marriage;
- People who share biological parenthood; and
- Current or former sexual or intimate partners.
Note that same-sex couples are included in these definitions.
In Allegheny County, a court cannot issue a PFA against an individual who falls outside of the family and household member category. For example, a court will not issue a PFA against a stranger, boss, co-worker, roommate, neighbor, or schoolmate.
The law defines abuse as one or more of the following acts occurring between family or household members:
- Attempting to cause, or intentionally, knowingly, or recklessly causing, bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, indecent assault, aggravated indecent assault, or incest, with or without a deadly weapon;
- Putting someone in reasonable fear of imminent serious bodily injury;
- False imprisonment;
- Physically or sexually abusing a minor child, and
- Knowingly engaging in a course of action, or repeatedly committing acts toward another person, including following that person, which puts the individual in fear of bodily injury.
Who Can Obtain a PFA in Allegheny County?
In Allegheny County, an adult or an emancipated minor can request a PFA, and a parent, adult household member, or guardian can request one on behalf of a minor or incompetent adult. The victim requesting the PFA must file a petition with the court alleging the defendant has subjected them to abuse. It is a criminal offense to file a false petition accusing someone of abuse.
If law enforcement responds to a domestic abuse situation, an officer will give the victim notice of the availability of safe shelter and community domestic violence services. The notice will explain that the victim has the right to go to court to get a PFA and that the order can include the following provisions:
- Restraining the abuser from committing more abuse;
- Directing the abuser to leave the household;
- Preventing the abuser from entering the victim's house, school, business, or job;
- Awarding the victim temporary child custody or temporary visitation with children; and
- Directing the abuser to pay support to the victim and any minor children.
The PFA Process in Allegheny County
There are two kinds of PFAs in Allegheny County. The first is a temporary order, and the second is a final order. Regardless of which type of order is requested, a victim must file their petition with the court, and if the individual does not have an attorney, the court will provide forms and clerical assistance. The victim must notify the court if the defendant is employed by or is a licensed firearms dealer, is employed in the firearms or hunting industry, or is required to carry a firearm for work.
What is a Temporary PFA?
A victim who believes their safety, or that of their minor children, is immediately at risk can seek a temporary PFA. The victim will go before a judge and explain the situation, and if the court agrees there is danger, it will issue a temporary PFA. This order will cover the victim and their children and remain in effect until the court can hold another hearing. A defendant is not allowed to present their side of the story when a victim requests a temporary PFA. The defendant gets to defend themselves later in the process and should always have an attorney from the LLF Law Firm to represent their interests.
A temporary PFA may grant various forms of relief to the victim. The order may:
- Direct the defendant to stop the abuse;
- Direct the defendant to stop harassing or stalking the victim;
- Give the victim possession of the residence and evict the defendant;
- Award temporary child custody, or set up temporary child visitation;
- Prohibit the defendant from having any contact with the victim or minor children, including preventing the defendant from entering the job, business, or school of the victim or children;
- Prohibit the defendant from possessing any firearm for the duration of the order and directing the defendant to temporarily relinquish firearms; and
- Grant temporary ownership of a pet.
In addition, if a victim is in immediate danger, or in danger at any time during the PFA process, the court will direct law enforcement to go with the victim to their home to retrieve their belongings.
The court will have the PFA petition and any order served on the defendant. The local police departments and the sheriff will also receive copies of the order.
The PFA Hearing in Allegheny County
A hearing on a PFA will be held 10 business days after the victim files the petition in Allegheny County. The court will notify the parties of the hearing and advise the defendant of the following:
- The right to have an attorney;
- The right to present evidence;
- The right to compel the attendance of witnesses;
- The possibility that there may be an order to relinquish any firearms, firearm license, weapons, or ammunition; and
- That any PFA may be considered in any subsequent proceedings under domestic relations law, such as those for child custody.
At the hearing, the victim must prove their allegation of abuse by a preponderance of the evidence. The defendant can present their defense and offer evidence and witness testimony. The court will issue a final PFA if it sides with the victim.
The Final PFA in Allegheny County
If the court issues a final PFA, the order can stay in effect for up to three years and can be extended in some circumstances. The order can offer the same relief as a temporary PFA, as well as direct the defendant to pay support to the victim and minor children. The order may also direct the defendant to provide health coverage for the victim and minor children, cover their unreimbursed medical expenses, and pay the rent or mortgage. These financial payment provisions are temporary, and a victim is required to seek support through the court system within two weeks of the order's issuance.
Further, a final PFA may direct the defendant to reimburse the victim for losses and expenses such as:
- Medical care;
- Moving;
- Counseling;
- Loss of earnings;
- Attorney fees;
- Repair or replacement of real or personal property; and
- Other out-of-pocket costs.
In addition, a final PFA does not prevent a victim from suing a defendant for damages for injuries sustained from the abuse.
A final PFA will most likely affect a defendant's place of residence, ability to own firearms, and child custody situation. A final PFA may also impact a defendant's job and relationships with friends and family. In addition, a defendant will be placed on Pennsylvania's registry for protection orders. Lastly, anyone who violates a PFA can face criminal charges.
Retain the LLF Law Firm if You Are Facing a PFA in Allegheny County
If domestic violence occurs in Allegheny County, there is a very good chance that a victim will apply for a PFA. When this happens, the stakes are high for the defendant. That's why it's best to retain the LLF Law Firm. The firm and its Criminal Defense Team know what to do when someone is facing a PFA, and they know how the Allegheny County court system operates. The LLF Law Firm can help regardless of your location, whether you are in Bethel Park, Carnegie, McKees Rocks, or anywhere else in Allegheny County. Reach out to us by calling 888-535-3686 or complete this online form to get in touch.
