In response to growing concerns over domestic violence and abuse, PA lawmakers passed the Protection from Abuse Act in 1990. The law gives victims of domestic violence specific legal remedies to protect them from further physical injury or from the threat of bodily injury. One such remedy is a specific type of restraining order known as a Protection from Abuse (PFA) order.
PFA orders can have a significant impact on anyone accused of domestic violence. Should you be notified that you're the subject of a PFA order in Washington County, contact the LLF Law Firm Criminal Defense Team immediately at 888.536.3686 or complete our online contact form. The sooner you respond to domestic violence accusations, the better prepared you will be for the ensuing legal process.
What Is a Protection from Abuse (PFA) Order?
A Protection from Abuse order in Washington County aims to protect a named individual from further harm by their alleged abuser. This typically means that the subject of a restraining order will be prevented from behaving in certain ways or undertaking certain actions, including:
- Contacting the victim
- Entering the victim's home
- Being within a certain proximity to the victim
- Contacting the victim indirectly, e.g. through family or friends
However, PFAs can also compel the defendant to comply with certain obligations, such as paying for rent (even if they can no longer remain in the shared property) or relinquishing firearms.
Types of Protection from Abuse Orders in Washington County
There are three types of PFAs in Washington County: emergency PFAs, temporary PFAs, and final PFAs.
- Emergency PFAs: Issued outside of normal court hours by an on-call judge to offer immediate protection to abuse victims. Such emergency orders only last until the next business day.
- Temporary PFAs: Issued during regular court hours, a temporary PFA order protects the victim until a final PFA hearing is scheduled, which is typically in around 10 days. Temporary PFA orders are issued on the victim's testimony alone. The defendant has no right to present their own evidence, which is why such orders can only last a few days.
- Final PFAs: Final PFA orders offer protection for up to three years, but they can be renewed indefinitely.
It's crucial to note that final PFA orders cannot be issued without at least a temporary PFA order preceding it. This is to ensure that the defendant has a fair opportunity to respond to the accusations and present their own evidence before a judge rules conclusively on the case.
Who Can File for a PFA Order?
Only victims of domestic abuse can file for a PFA order in Washington County. In other words, the victim must have a “qualifying domestic relationship” with the accused. A qualifying domestic relationship includes:
- Current or former spouses
- Current or former intimate partners
- Household members, including relatives
- Same-sex couples
- Those who share a child in common
PFAs are not available if the accused person is a neighbor, friend, or work colleague unless there is a pre-existing or current romantic or intimate relationship between them. Victims without a qualifying domestic relationship may attempt to seek alternative forms of relief against the accused person.
Filing for a PFA in Washington County
To file for a PFA order in Washington County, the victim must attend the Washington County Court of Common Pleas. The court is located within the Washington County Courthouse, 1 South Main Street, Washington, PA 15301. Typical court hours are Monday through Friday, 8AM - 3.15PM. Only emergency PFA orders are available outside these hours.
Temporary PFA
The victim should set out, in detail, their case against the defendant and why they believe a PFA order is required. The courts will often err on the side of caution and grant a temporary PFA order, even when evidence is scarce.
Temporary PFAs, when granted, come into effect immediately. All violations, however unintentional, could result in further legal action or even criminal charges.
Final PFA Hearing
The final PFA hearing is the defendant's first opportunity to present their own case and demonstrate why the temporary PFA should now be dismissed. On the other hand, the victim will attempt to show why a final PFA is required to keep them safe.
Should the judge, based on the evidence presented, believe the victim is at risk of further harm, they will grant the final PFA order, which will come into effect immediately. If they accept that the victim is not at risk or that the case is unfounded, the temporary PFA order expires, and the case is dismissed. The victim would be required to start the entire process again should they believe they are in danger from the defendant.
Consequences of a Protection from Abuse Order
From loss of child custody to losing employment opportunities, PFA orders have far-reaching consequences for defendants. While the exact implications will vary on a case-by-case basis, here are some of the most common –– and significant –– consequences of a Washington County final PFA order.
Loss of Family Home
The defendant will usually be unable to return home if they share the property with the victim. It may even be impossible to return to the property to collect personal items, such as clothing, work equipment, or valuables.
Relinquishment of Firearms
It's common for PFA orders to require defendants to relinquish their firearms and even their license to own firearms. This is because victims should specify when filing for a temporary or emergency PFA order whether firearms were used and whether the PFA should order the defendant to submit their weapons. Such strict requirements are designed to protect domestic violence victims from possible harm; however, they could have far-reaching implications for defendants who, for example, work in law enforcement or the military.
Loss of Child Custody
The subject of a PFA order in Washington County could lose the right to see their children, or they could lose child custody. Losing child custody, or visitation rights, is a distressing outcome of PFA orders, which could mean missing out on important childhood milestones, such as birthdays and graduations.
Loss of Professional License
PFA orders and domestic violence allegations can result in losing a professional license. This is of particular concern to those in fields such as medicine, law enforcement, and education. License suspension or revocation can make it impossible to practice in certain states or continue in the same career at all.
Loss of Employment
It's not uncommon for domestic violence charges to be filed alongside PFA orders. Such charges could impact the defendant's ability to work or find employment. If the defendant and victim work together, the defendant may no longer be able to maintain the same shift pattern or even do the same job.
Requirement to Pay
Those subject to a PFA order may be required to pay the victim or undertake certain financial obligations. This means they may be expected to pay child maintenance, home loans, or rent even if they can no longer stay in their home.
PFA Violations in Washington County
A PFA order is a civil order. It does not mean the defendant faces criminal charges. However, should the defendant violate the PFA order, even accidentally, then they face the criminal charge of contempt. A contempt charge in Washington County can result in a fine of up to $1000 and up to six months in jail.
It's crucial to remember that even if you and the victim wish to reconcile or the victim wishes to terminate the order early, you cannot engage with the victim prior to the final PFA being terminated. Otherwise, you risk contempt charges, even if the victim is seemingly happy to communicate with you. If you're in any doubt as to how to comply with a PFA order, consult your attorney immediately for help understanding what the order means.
Appealing Washington County PFAs
It may be possible to appeal a final PFA order in Washington County; however, there is no guarantee that an appeal will succeed. The defendant must have legal grounds to file an appeal, such as demonstrating that the judge erred in applying the law or that they failed to consider material facts. Your LLF Law Firm attorney can explain whether you have grounds to appeal a PFA order and, if so, how you may proceed.
The best course of action is, of course, to successfully defend a PFA order in the first instance. Hiring an experienced lawyer from the LLF Law Firm can help to ensure you have the best chance at a successful outcome.
Hire Experienced PFA Defense Attorneys in Washington County
Given how serious the consequences can be, it's crucial that you seek legal advice from experienced attorneys rather than handling PFA hearings alone. When you retain the LLF Law Firm Criminal Defense Team, you can be assured that we will walk you through the entire PFA process and defend your legal rights at every stage. We're committed to helping you defend abuse allegations effectively, and we're passionate about helping you achieve the most favorable possible outcome. So, don't delay in seeking the representation you deserve. Approach any PFA hearing in Washington County with confidence—call the LLF Law Firm Criminal Defense Team at 888.535.3686 or tell us about your case online.
Protection from Abuse Defense: Washington County
In response to growing concerns over domestic violence and abuse, PA lawmakers passed the Protection from Abuse Act in 1990. The law gives victims of domestic violence specific legal remedies to protect them from further physical injury or from the threat of bodily injury. One such remedy is a specific type of restraining order known as a Protection from Abuse (PFA) order.
PFA orders can have a significant impact on anyone accused of domestic violence. Should you be notified that you're the subject of a PFA order in Washington County, contact the LLF Law Firm Criminal Defense Team immediately at 888.536.3686 or complete our online contact form. The sooner you respond to domestic violence accusations, the better prepared you will be for the ensuing legal process.
What Is a Protection from Abuse (PFA) Order?
A Protection from Abuse order in Washington County aims to protect a named individual from further harm by their alleged abuser. This typically means that the subject of a restraining order will be prevented from behaving in certain ways or undertaking certain actions, including:
- Contacting the victim
- Entering the victim's home
- Being within a certain proximity to the victim
- Contacting the victim indirectly, e.g. through family or friends
However, PFAs can also compel the defendant to comply with certain obligations, such as paying for rent (even if they can no longer remain in the shared property) or relinquishing firearms.
Types of Protection from Abuse Orders in Washington County
There are three types of PFAs in Washington County: emergency PFAs, temporary PFAs, and final PFAs.
- Emergency PFAs: Issued outside of normal court hours by an on-call judge to offer immediate protection to abuse victims. Such emergency orders only last until the next business day.
- Temporary PFAs: Issued during regular court hours, a temporary PFA order protects the victim until a final PFA hearing is scheduled, which is typically in around 10 days. Temporary PFA orders are issued on the victim's testimony alone. The defendant has no right to present their own evidence, which is why such orders can only last a few days.
- Final PFAs: Final PFA orders offer protection for up to three years, but they can be renewed indefinitely.
It's crucial to note that final PFA orders cannot be issued without at least a temporary PFA order preceding it. This is to ensure that the defendant has a fair opportunity to respond to the accusations and present their own evidence before a judge rules conclusively on the case.
Who Can File for a PFA Order?
Only victims of domestic abuse can file for a PFA order in Washington County. In other words, the victim must have a “qualifying domestic relationship” with the accused. A qualifying domestic relationship includes:
- Current or former spouses
- Current or former intimate partners
- Household members, including relatives
- Same-sex couples
- Those who share a child in common
PFAs are not available if the accused person is a neighbor, friend, or work colleague unless there is a pre-existing or current romantic or intimate relationship between them. Victims without a qualifying domestic relationship may attempt to seek alternative forms of relief against the accused person.
Filing for a PFA in Washington County
To file for a PFA order in Washington County, the victim must attend the Washington County Court of Common Pleas. The court is located within the Washington County Courthouse, 1 South Main Street, Washington, PA 15301. Typical court hours are Monday through Friday, 8AM - 3.15PM. Only emergency PFA orders are available outside these hours.
Temporary PFA
The victim should set out, in detail, their case against the defendant and why they believe a PFA order is required. The courts will often err on the side of caution and grant a temporary PFA order, even when evidence is scarce.
Temporary PFAs, when granted, come into effect immediately. All violations, however unintentional, could result in further legal action or even criminal charges.
Final PFA Hearing
The final PFA hearing is the defendant's first opportunity to present their own case and demonstrate why the temporary PFA should now be dismissed. On the other hand, the victim will attempt to show why a final PFA is required to keep them safe.
Should the judge, based on the evidence presented, believe the victim is at risk of further harm, they will grant the final PFA order, which will come into effect immediately. If they accept that the victim is not at risk or that the case is unfounded, the temporary PFA order expires, and the case is dismissed. The victim would be required to start the entire process again should they believe they are in danger from the defendant.
Consequences of a Protection from Abuse Order
From loss of child custody to losing employment opportunities, PFA orders have far-reaching consequences for defendants. While the exact implications will vary on a case-by-case basis, here are some of the most common –– and significant –– consequences of a Washington County final PFA order.
Loss of Family Home
The defendant will usually be unable to return home if they share the property with the victim. It may even be impossible to return to the property to collect personal items, such as clothing, work equipment, or valuables.
Relinquishment of Firearms
It's common for PFA orders to require defendants to relinquish their firearms and even their license to own firearms. This is because victims should specify when filing for a temporary or emergency PFA order whether firearms were used and whether the PFA should order the defendant to submit their weapons. Such strict requirements are designed to protect domestic violence victims from possible harm; however, they could have far-reaching implications for defendants who, for example, work in law enforcement or the military.
Loss of Child Custody
The subject of a PFA order in Washington County could lose the right to see their children, or they could lose child custody. Losing child custody, or visitation rights, is a distressing outcome of PFA orders, which could mean missing out on important childhood milestones, such as birthdays and graduations.
Loss of Professional License
PFA orders and domestic violence allegations can result in losing a professional license. This is of particular concern to those in fields such as medicine, law enforcement, and education. License suspension or revocation can make it impossible to practice in certain states or continue in the same career at all.
Loss of Employment
It's not uncommon for domestic violence charges to be filed alongside PFA orders. Such charges could impact the defendant's ability to work or find employment. If the defendant and victim work together, the defendant may no longer be able to maintain the same shift pattern or even do the same job.
Requirement to Pay
Those subject to a PFA order may be required to pay the victim or undertake certain financial obligations. This means they may be expected to pay child maintenance, home loans, or rent even if they can no longer stay in their home.
PFA Violations in Washington County
A PFA order is a civil order. It does not mean the defendant faces criminal charges. However, should the defendant violate the PFA order, even accidentally, then they face the criminal charge of contempt. A contempt charge in Washington County can result in a fine of up to $1000 and up to six months in jail.
It's crucial to remember that even if you and the victim wish to reconcile or the victim wishes to terminate the order early, you cannot engage with the victim prior to the final PFA being terminated. Otherwise, you risk contempt charges, even if the victim is seemingly happy to communicate with you. If you're in any doubt as to how to comply with a PFA order, consult your attorney immediately for help understanding what the order means.
Appealing Washington County PFAs
It may be possible to appeal a final PFA order in Washington County; however, there is no guarantee that an appeal will succeed. The defendant must have legal grounds to file an appeal, such as demonstrating that the judge erred in applying the law or that they failed to consider material facts. Your LLF Law Firm attorney can explain whether you have grounds to appeal a PFA order and, if so, how you may proceed.
The best course of action is, of course, to successfully defend a PFA order in the first instance. Hiring an experienced lawyer from the LLF Law Firm can help to ensure you have the best chance at a successful outcome.
Hire Experienced PFA Defense Attorneys in Washington County
Given how serious the consequences can be, it's crucial that you seek legal advice from experienced attorneys rather than handling PFA hearings alone. When you retain the LLF Law Firm Criminal Defense Team, you can be assured that we will walk you through the entire PFA process and defend your legal rights at every stage. We're committed to helping you defend abuse allegations effectively, and we're passionate about helping you achieve the most favorable possible outcome. So, don't delay in seeking the representation you deserve. Approach any PFA hearing in Washington County with confidence—call the LLF Law Firm Criminal Defense Team at 888.535.3686 or tell us about your case online.
