The 1990 Protection from Abuse Act exists to protect victims of domestic violence in PA from their abusers. One remedy offered by the legislation is a Protection from Abuse (PFA) order, which is a unique type of restraining order only available to certain individuals. For those accused of domestic violence in PA, Protection from Abuse orders can have far-reaching–and sometimes devastating—consequences. That's why, should you be on the receiving end of a PFA order, it's crucial that you don't let the matter go undefended or spiral out of control. Contact the LLF Law Firm Criminal Defense Team online or at 888.535.3686 to quickly secure the legal help you deserve and need.
What Are Protection from Abuse (PFA) Orders?
PFA orders exist to protect individuals from harm. They prevent perpetrators of domestic violence from behaving in certain ways, such as contacting the victim, sharing a home with them, or being within a certain proximity to them. They can also prevent the perpetrator from contacting the victim indirectly, such as through friends and family members.
In some cases, PFA orders may even require individuals to take certain actions, such as handing over their firearms or paying rent and or mortgage payments.
Types of Cumberland County Protection from Abuse Orders
There are three main types of PFA orders in Cumberland County: emergency, temporary, and final PFAs.
- Emergency PFAs: Courts issue emergency PFAs outside regular court hours, such as weekends and holidays, to offer immediate protection against alleged abuse. They only last until the next court business day.
- Temporary PFAs: Temporary PFAs last around 10 days. They offer interim protection until a formal court hearing takes place and a judge decides whether a permanent PFA order is required to protect the victim.
- Final PFAs: In Cumberland County, final PFA orders last up to three years but can be renewed however many times is required to protect the victim.
Who Has the Right to Seek PFA Orders in Cumberland County?
Individuals can seek a PFA order if they have a qualifying domestic relationship with the accused. This includes spouses, former spouses, romantic partners, ex-partners, and those with a child in common. There's no way to seek a PFA order against a friend, colleague, or neighbor unless there's a pre-existing or former romantic relationship.
If there's no qualifying relationship, the victim may seek other restraining orders or court remedies that do not involve, for example, domestic violence allegations.
How to File for a PFA in Cumberland County
The victim attends the Cumberland County Court of Common Pleas, located at 1 Courthouse Square, Carlisle, PA 17013. The court is usually open Monday through Friday from 8:30 am to 3:30 pm. During regular court hours (or outside of these hours, should the victim require an emergency order), the victim provides a written account of why the order is necessary for their protection.
The Temporary PFA
Should the judge agree that the victim requires a PFA order, they'll issue the temporary PFA. Since the defendant has, as yet, no opportunity to defend themselves, the order can only last a short period until a final court date is set.
Final PFA Hearing
At the final PFA hearing, the victim and the defendant present their cases. Should the judge agree that the victim requires a PFA for ongoing protection, they'll issue the final PFA, which is effective immediately. Otherwise, the case is dismissed, and the temporary PFA falls away.
Consequences of a Protection from Abuse Order
If there's a PFA awarded against you, the consequences can be significant and long-term. While the exact impact will, of course, vary depending on your circumstances, the most common possible consequences include the following.
Loss of the Shared Home
If the defendant and victim live together, the PFA order will typically force the defendant to move out. The defendant will have very little warning or time to prepare for this, as temporary PFAs, for example, are effective immediately. The defendant could find themselves homeless and struggling to find alternative accommodation, especially if they're already on a tight budget.
Loss of Child Custody
It's common for PFA orders and domestic violence charges in Cumberland County to restrict the defendant's access to their children. This could mean losing visitation rights or even child custody, depending on the case. Losing child custody is a devastating consequence that could have a significant impact on the child's emotional well-being.
Criminal Record
The filing of criminal domestic violence charges could result in a criminal record for the defendant. This criminal record will affect the defendant's ability to undertake certain jobs or even pursue certain academic qualifications. Your LLF Law Firm attorney can explain how a criminal record may affect you, should this be relevant to your case.
Loss of Family Relationships
Family relationships could break down irretrievably following domestic violence allegations and PFA order disputes. The defendant could lose contact with loved ones and miss key milestones and life events such as weddings and funerals, even if they are entirely innocent of the charges against them.
Relinquishment of Firearms
It's not uncommon for judges to order defendants to relinquish their firearms, particularly if the victim alleges that the defendant used a weapon against them. Losing access to gun ownership, or the right to bear firearms, could mean the defendant can no longer work in law enforcement or the armed forces.
Loss of Professional License(s)
If the defendant has a professional license (for example, they're in teaching or healthcare), then a PFA could mean the suspension or revocation of the right to practice. This is not only distressing, but it could spell the end of a promising and financially rewarding career.
Employment Issues
If there are domestic violence charges filed alongside civil PFA proceedings, the outcome could make it challenging for a defendant to find employment or retain their current job. It may also be impossible for the defendant to keep their job if they work alongside the victim and cannot change shift patterns.
Financial Penalties
Sometimes, PFAs require defendants to make payments, such as rent or mortgage payments or child maintenance payments. This is true even if the defendant can no longer stay in the shared home or if they lose child custody. Such penalties can cause emotional distress and financial hardship, especially if the defendant must now pay for their own alternative accommodation.
Violating a PFA Order in Cumberland County
Any PFA order violation, however accidental, may lead to criminal rather than civil penalties. That's because PFA violations are considered contempt of court, which is a criminal–not civil–matter. Violations could lead to serious penalties, including up to six months in jail and fines of up to $1,000, so no matter how innocent your intentions may be, you must follow PFA orders to the letter or else you risk significant consequences.
Can Final PFA Orders Be Appealed or Revoked?
Depending on the circumstances, it may be possible to appeal a final PFA order. To do so, you must show that the judge erred somehow in how they applied the law or how the court or relevant government agencies managed the case, e.g., they made procedural errors. You can't appeal simply because you don't agree with the judge's decision–you must have legal grounds to seek a review. Your attorney can explain if you may have grounds for an appeal and, if so, what court procedures to follow.
Final PFAs may also be revoked or vacated if the court agrees that the order is no longer required to ensure the victim's safety. However, even if the victim wishes to revoke a PFA order in Cumberland County, it's vital that the defendant does not contact or communicate with the victim in the meantime. Doing so constitutes a PFA violation, which may lead to further criminal charges.
Hire an Experienced PFA Defense Attorney in Cumberland County
Whether it's a temporary or final PFA order, any civil court order can have serious long-term consequences. And while it's impossible to predict if you'll ever face a PFA order in Cumberland County, it's crucial that you do everything you can to mitigate the aftermath. One step you should take is acting quickly and effectively, which is where the LLF Law Firm Criminal Defense Team can help. As experienced PFA defense attorneys, we understand how to navigate this complicated area of law, and how to ensure that you have the fairest shot at defending your case. We'll stand with you throughout the entire legal process, answering any questions you may have along the way and helping you shoulder this difficult burden.
You are not alone in this battle, no matter how stressful and overwhelming the situation may seem. The LLF Law Firm Criminal Defense Team stands ready and waiting to help you today. Call us now at 888.535.3686 or tell us about your case online to retain our services.
