Pennsylvania's Protection from Abuse Act allows domestic violence victims to seek civil remedies against their abuser in order to prevent further harm. Specifically, the Act enables victims to file for restraining orders, known as Protection from Abuse (PFA) orders, to protect them from abuse or injury.
For those accused of domestic violence, PFAs have significant short and long-term legal consequences. If you're notified that a person has sought a PFA order against you, then it's crucial to act fast to mitigate the impact and to enforce your legal rights from the outset. Contact the LLF Law Firm Criminal Defense Team at 888.535.3686 or complete our contact form to secure the legal representation you deserve and need right now.
What Is a Protection from Abuse (PFA) Order?
A PFA order is a civil restraining order. It protects domestic violence victims from harm, or the risk of harm, by their abuser (the defendant in the case). It can be filed on its own or alongside criminal charges for domestic abuse accusations.
PFA orders usually prevent the defendant from behaving a certain way, such as calling, texting, or messaging the victim. It also prevents indirect contact, e.g., through family or friends. Sometimes, the defendant may be required to take a specific action, such as paying child maintenance or handing over firearms.
Protection from Abuse Orders in Centre County
There are three types of PFA orders in Centre County: emergency, temporary, and final PFAs.
- Emergency PFAs: Emergency PFAs are issued during evenings, weekends, and holidays while courts are closed. They offer immediate short-term protection and last until the next court business day.
- Temporary PFAs: Temporary PFAs last around 10 business days or until a final court hearing takes place. They protect the victim in the short term until a judge makes a final determination on the facts.
- Final PFAs: Final PFAs are only issued following a formal court hearing. They provide more permanent protection against the alleged abuser. And while they technically only last three years, they can be renewed indefinitely.
Who Can File for a PFA Order in Centre County?
Since PFAs protect domestic abuse victims, Centre County residents can seek PFA orders against those with whom they have a qualifying domestic relationship. Specifically, this means current or former spouses or romantic partners, same-sex partners, and those with biological children in common. So, for example, a victim could file a PFA against a current intimate partner but not against their neighbor or a work colleague unless they once had a romantic relationship.
How to File for a PFA in Centre County
Victims must begin the process by attending the Centre County Court of Common Pleas. The court operates Monday through Friday from 8 AM until 4 PM, and it's located within the Centre County Courthouse at 102 South Allegheny St, Rm 103, Bellefonte, PA 16823.
Emergency PFAs are available outside of regular court hours, but the victim must attend again during regular hours to seek a temporary PFA before the emergency order expires.
Temporary PFA
The victim must explain, specifically, why the named individual is a threat and why they require the protection of a PFA order. Judges often err on the side of caution and grant the order even if the evidence is scant since the PFA only lasts a few days, and the defendant will have an opportunity to challenge the findings.
Service of Temporary PFA
Next, the victim and the defendant receive a copy of the PFA order. The order will include the date and time of the final PFA hearing. Should either party fail to attend, the court will proceed based on one party's testimony alone.
Final PFA Hearing
At the final PFA hearing, the victim and defendant present their respective cases. The judge will grant a final PFA if they agree it's the best way to protect the victim. But should they decide the defendant is no threat, they will dismiss the petition and the temporary PFA expires.
If the judge grants the final PFA order against the defendant, it comes into force immediately.
Consequences of a Protection from Abuse Order
The consequences of a PFA order in Centre County are far-reaching and can go beyond what a defendant might expect. Although the precise consequences will vary depending on the case and whether it's a purely civil case or there are criminal charges pending, the most common consequences are as follows.
Loss of Home
It's not possible to return to a property you share with the victim if they file a PFA order against you. This is true even if it's your sole residence. In some cases, it may even be challenging to recover personal belongings, such as work equipment or other valuables, before the order comes into force.
Requirement to Pay
Despite losing your right to stay within the shared property, you could be ordered to continue paying mortgage or rent payments each month. You may also be required to make child maintenance payments.
Loss of Employment
Domestic violence charges, if filed alongside a PFA, could negatively impact your job or employment prospects. If you work alongside the victim, you may be required to change offices or shift patterns to avoid seeing them.
Relinquishment of Firearms
If the victim indicates that a firearm was used or there's a threat of firearm use, the judge may order the defendant to submit their firearms and relinquish their rights to gun ownership. Although such an order may protect victims from potentially serious injury, it could make it challenging––or impossible––for the defendant to retain their position in the military or law enforcement or to pursue such opportunities in the future.
Loss of Child Custody
Civil PFAs can result in losing child custody or even losing the right to visit or communicate with the child. This could happen if the judge determines that the child is at risk of harm or the threat of harm.
Loss of child custody or visitation rights means missing out on building a loving relationship with the child. Missing milestone moments, such as birthdays and graduation parties, can be devastating and highly distressing for those involved.
Loss of Professional License
If the defendant is a licensed professional such as a lawyer, doctor, or teacher, domestic violence proceedings and PFA orders can lead to disciplinary action by your board. Although a civil PFA order, or even criminal charges, do not automatically lead to license suspension or revocation, there's always the risk that the board could revoke the license. This could lead to long-term career damage and prevent you from pursuing the occupation you've worked so hard to secure.
Protection from Abuse Order Violations
Although a PFA is a civil court order, PFA order violations are considered criminal contempt offenses. A contempt conviction carries significant penalties––up to six months in jail and a maximum $1,000 fine. This could mean having a criminal record for a PFA violation, even if it's accidental and there's no malintent.
If the victim appears to want to reconcile, do not communicate with them. Any contact could be considered a PFA violation until a judge agrees to overturn or terminate the order. The victim must successfully petition the court to terminate the PFA. Your attorney can explain how this process works in more detail in relation to your case.
Appealing a PFA Order in Centre County
It's sometimes possible to appeal a final PFA order in Centre County. Appealing a PFA order means filing a Motion of Reconsideration within 10 days of the final PFA hearing and presenting your case before a judge. You must have specific legal grounds to appeal the decision; for example, this could mean showing that the judge erred in how they applied the law or in how they interpreted the facts.
There's no guarantee that an appeal will be successful, and it's not always possible to appeal a final PFA. The experienced PFA defense attorneys at the LLF Law Firm can explain whether you have grounds to appeal and, if so, how best to proceed.
Hire Experienced PFA Defense Attorneys in Centre County
PFA orders, even temporary orders, can significantly impact every area of your life. In the worst cases, you could lose your job, face significant financial issues, and even lose custody of your children. That's why it's imperative that you contact the LLF Law Firm Criminal Defense Team for support throughout the process. We will vigorously defend your position, protect your best interests, and help you present the most compelling possible defense. Should you wish to appeal a PFA order in Centre County, we will guide you through the civil court procedures involved and ensure you understand your options for moving forward.
Have confidence in your defense and know that you're doing everything possible to challenge a Protection from Abuse order. Get the counsel you deserve by calling 888.535.3686 or completing this contact form to retain the LLF Law Firm Criminal Defense Team.
