Domestic abuse, sometimes referred to as intimate partner violence, can be devastating to its victims and their families. They may have to leave their home or change jobs in an effort to stay safe. When children are involved, it can be that much more challenging to safeguard everyone.
For over 30 years, Pennsylvania's Protection from Abuse Act has helped to protect domestic violence victims. The law established the process by which domestic or sexual violence victims can apply for protection through a court order.
It's vital to protect victims of domestic violence. Unfortunately, some people misuse the PFA system for their own benefit. This is why anyone involved in a PFA hearing or potential order should hire an attorney to help them navigate the process.
The LLF Law Firm Criminal Defense Team works with individuals in Erie County and throughout Pennsylvania. Call us at 888-535-3686 or fill out our online form.
Qualifying Relationships and Grounds for PFA Orders in Erie County
Pennsylvania limits who can file for a PFA, and they must have a qualifying relationship with their alleged abuser. In Erie County, the following count as qualifying romantic or familial relationships:
- Spouses and domestic partners
- Same-sex couples
- Former spouses or domestic partners
- Blood relatives or marital relatives
If the person seeking a PFA is under 18, a parent must file for the PFA on their behalf.
Filing for a PFA in Erie County
Individuals can file for the following types of protection in Erie County:
- A Protection From Abuse Order (PFA)
- A Protection From Intimidation Order
- A Protection From Sexual Violence Order
While there is some overlap, each order focuses on a different group and different types of protection.
In Erie County, individuals can file for a PFA in one of the following ways. Erie County recommends individuals begin the process by going to the county's PFA office, contacting SafeNet or Safe Horizon, or through their attorney, such as the LLF Law Firm Criminal Defense Team.
To file in person, an individual should go to:
Protection from Abuse Office
Erie County Courthouse, Room 225
140 West Sixth Street, Erie, PA
The office's number is (814) 451-6324. The PFA office is open Monday to Friday. When filing for a PFA, individuals must be at the office by 8:30 AM and should expect the process to take approximately two hours.
SafeNet or Safe Horizon are both starting points for a FPA and are available 24 hours a day. SafeNet is based in Erie County, and its phone number is (814) 455-1774. Safe Horizons is located in Union City, and its phone number is (814) 438-2675.
Temporary PFA Orders
Erie County, like the rest of Pennsylvania, recognizes two main types of PFAs: temporary and final. Emergency PFAs might best be described as a variation on a temporary PFA.
Temporary orders are just that: short-term orders that are put into place until the final PFA hearing. Generally issued for ten days, they can be extended.
The goal of a temporary PFA is to give a victim immediate protection. Both sides will have time to assemble evidence and build a case before the final PFA hearing.
Key details about temporary PFAs:
- Defendants, or the alleged abuser, cannot attend the temporary PFA hearing
- Plaintiffs have the burden of showing why, through evidence and witnesses, a temporary order is necessary
- In limited circumstances, a judge can skip issuing a temporary PFA and go straight to issuing a final PFA
Temporary PFA Enforcement
One important note is that Erie County advises individuals to be aware that PFAs are enforceable in another state only when they are final. If the alleged abuser has been notified of the final PFA hearing and had an opportunity to appear at that hearing, even if they don't attend the hearing, that final PFA order is enforceable throughout the United States.
A temporary PFA is enforceable throughout Pennsylvania. Valid protection orders should be enforced throughout the state and should be on the Pennsylvania State Police Registry.
Emergency PFAs
When someone is in immediate danger of abuse or is in some sort of imminent danger, they may wish to request an emergency PFA. Generally issued on weekends or after business hours, emergency PFAs require that the plaintiff show evidence that they require protection before the courts open.
Emergency PFAs are similar to temporary PFAs, although they generally have a shorter duration. They are generally issued on a short-term basis until courts open, and a plaintiff can request a temporary PFA.
Final PFAs
A final PFA can be issued for up to 36 months and can be extended. A Final PFA will set forth restrictions designed to protect the person who filed for the FPA.
Pennsylvania generally requires a hearing before a judge can issue a final PFA. During that hearing, both sides have the opportunity to provide evidence, call witnesses, and testify.
Temporary PFA Process in Erie County
According to the Erie County Court of Common Pleas, individuals can get a PFA by:
- Write a petition that states all of the facts that support their request
- Submit the written petition to the PFA Office
- The same day they submit a request for a PFA, they will appear before a judge at approximately 11 a.m.
- Go before a judge
- They will be placed under oath
- The judge may ask them about the following:
- The facts in the written petition
- If they're in fear of the other person
- If they want that person excluded from a shared home
- The judge will decide whether to issue a temporary PFA Order
- If the judge issues a temporary PFA order, the order will include a date for the final hearing
- The plaintiff must attend the final hearing hearing
- The court will give a copy of the PFA to the Sheriff and to the plaintiff
- The Sheriff is responsible for serving the other person with a copy of the temporary PFA
Individuals are responsible for keeping a copy of the temporary PFA. They're also responsible for giving a copy to their local police department.
Erie County recommends that they check daily with the Sheriff to confirm if the Sheriff has served the other person with the temporary PFA order. The county suggests contacting the Sheriff's office on or after 4 p.m. each day.
Final PFA Hearing in Erie County
The plaintiff must appear in court for the final PFA hearing. These hearings are generally about ten days after a court issues a temporary or emergency PFA.
Both the accused, or the defendant, and the accuser, or the plaintiff, have the right to appear at the hearing and have legal counsel. Unlike the plaintiff, the defendant isn't required to be there.
The accuser, or plaintiff, has the burden of proof. This means they must provide evidence that shows:
- A qualifying relationship between the two parties
- That Erie County courts have jurisdiction, which can be established by showing:
- Some or all of the abuse occurred in Erie County
- Another connection to the county, such as one of the parties living in the county
- Evidence of the abuse
- Evidence that the defendant committed the abuse
The stakes of a Final PFA hearing are high for both parties. This is why both sides should have legal representation that can help protect their lives and their reputations.
If a judge decides to issue a final PFA order, the court will forward a copy to the Central Registry at the Lawrence Park State Police. It's the plaintiff's responsibility to make sure the court gives them two copies of the order. They should keep one copy and submit the other to their local police department.
PFA orders are enforceable throughout Pennsylvania and the United States. Pennsylvania maintains a statewide database for PFAs. If traveling, individuals may want to keep a copy of the final PFA Order with them.
Erie County Tips for Final PFA Hearings
Erie County provides the following guidance for anyone attending a PFA final hearing:
- Arrive on time
- Dress appropriately
- Do not bring children unless they are witnesses
If the person who requests the PFA does appear at the final PFA hearing, a judge may dismiss the case.
PFA Violations in Erie County
If a defendant violates a PFA order, Erie County recommends that the plaintiff immediately contact their local law enforcement. Police have the authority to arrest anyone who violates a PFA order. A hearing for contempt will be set.
Both parties must appear at the contempt hearing. They can bring witnesses or evidence showing why the violation did (or did not) occur. If the person who requested the PFA Order fails to appear at the hearing, a judge may dismiss the contempt action.
If a judge decides to put a defendant in jail for violating a PFA order, Erie County recommends the plaintiff contact Victim Witness Services. This service contacts individuals to inform them if and when someone is released from jail.
Protect Your Future and Safety
PFA Orders can be stressful for everyone involved. The entire process can be overwhelming, and not knowing how to navigate the ins and outs can be disastrous.
If you have questions about PFAs or need representation, contact the LLF Law Firm Criminal Defense Team. We're familiar with Erie County and Pennsylvania. We help our clients determine the best place to file and build cases that protect their lives and their futures. Call us at 888-535-3686 or fill out our online form.
