If you are facing allegations of abuse in Adams County, you may also find yourself with a protection from abuse order issued against you. In Pennsylvania, protection from abuse orders (PFAs) often come with serious restrictions and can lead to severe consequences if violated. Accused parties may find themselves ordered to vacate their homes, relinquish firearms, and even temporarily give up custody of any children they share with the plaintiff. The nature of PFAs is often complicated as these orders may lead to criminal charges and can overlap with custody disputes and other domestic issues. Therefore, it is essential that you contact an experienced defense attorney as soon as you can when a PFA is or may be pending against you. The LLF Law Firm's Criminal Defense Team has many years of experience navigating the legal complexities associated with PFAs and defending clients facing PFA hearings and related disputes. The sooner you act, the better chance you will have at defending against a PFA order. Call us today at 888-535-3686 or fill out our online form and tell us about your case.
What is a Protection from Abuse (PFA) Order?
In 1990, Pennsylvania established the Protection From Abuse Act to help victims of domestic abuse quickly obtain an order of protection against their abusers. The law defines abuse to include:
- Attempting to cause or causing bodily injury
- Making another reasonably fear bodily injury through threats or stalking
- Holding someone against their will
Under these circumstances, victims can follow a special process to obtain a temporary order of protection that restricts the accused abuser from contacting them until a final hearing.
Who Can Have a PFA Order Issued Against Them?
The Protection From Abuse Act was established to protect domestic violence victims, meaning that only those individuals in certain types of relationships can file for a PFA or have a PFA issued against them. In Adams County, these relationships include spouses and ex-spouses, anyone related by blood or marriage, domestic partners, and sexual or intimate partners.
What is the Process for Filing for a Temporary PFA Order in Adams County?
Those wishing to obtain a PFA order in Adams County must fill out a packet of forms to be submitted to the Adams County Prothonotary's Office, located at 117 Baltimore Street, Gettysburg, PA 17325. On the forms, you will provide details about the defendant, the incident of abuse, any history of abuse, the nature of your relationship, any firearms or other weapons involved, and any children involved. Adams County Prothonotary's Office accepts PFA order requests until 3:30pm on weekdays. If you need to obtain an order of protection after 3:30pm Monday-Friday or on the weekend, you have the option to file for an emergency PFA order.
What is the Process for Obtaining an Emergency PFA Order in Adams County?
If you are filing for an emergency PFA order, meaning that you require immediate emergency protection during non-business hours, you will be required to fill out all standard PFA forms as well as additional emergency relief forms. Forms are then submitted to the on-call Magisterial District Judge, who can be reached through Adams County Control at 717-334-8101.
What is the Process for Obtaining a Temporary PFA Order in Adams County?
Once the plaintiff files their request for a PFA, the submitted paperwork will be reviewed by a judge, who will make a determination as to whether there are “sufficient facts to show that there is a need for immediate and present protection.” If so, they will then conduct an ex parte hearing, meaning that the Defendant will not be present, in order to determine whether or not to issue a temporary PFA order. If a temporary order is granted, the judge will schedule a hearing for a final PFA within 10 days. The court will also share a copy of the temporary order with the Pennsylvania State Police and any stated local police, and the defendant will be served with a copy and a notice of the final hearing.
What is the Process for Obtaining a Final PFA Order in Adams County?
At a final PFA hearing, both the plaintiff and the defendant are required to be present to give testimony and present evidence. Witnesses may also be called to testify on behalf of the parties. If the judge determines that the plaintiff has proved their case by a preponderance of the evidence, meaning that it is more likely than not that abuse has occurred, a final PFA order will be issued against the defendant. If you have been notified of an upcoming PFA hearing, it is absolutely critical that you attend to give yourself the best chance at defending against a final PFA order. You should also be sure to take advantage of your right to an attorney and contact the LLF Law Firm as soon as possible to start working on your defense.
What Are the Conditions of PFA Orders in Adams County?
While the judge may designate specific restrictions and protections encompassed by individual orders, most prevent the alleged abuser from engaging in any contact with the complainant. This includes sharing a residence and may result in an accompanying requirement to vacate a shared home. PFA orders also often suspend the Second Amendment rights of the alleged abuser, requiring them to surrender their firearms. In situations where the plaintiff and defendant share custody of children, a final PFA order will often also include a temporary provision requiring that the defendant relinquish custody. Final PFA orders and their accompanying conditions can be in effect for up to three years.
What Are the Consequences of Violating a PFA Order?
Ultimately, the provisions contained in a PFA order are enforced under the threat of law enforcement, and any violations can result in the alleged abuser being taken into custody. Violations are considered a criminal offense, meaning that even if no criminal charges were filed against you throughout the PFA process, you could still face charges if you are found in violation of a PFA order's provisions. Violations are typically charged as criminal contempt and are reviewed by a judge. Consequences can range from fines between $300 and $1,000 and even up to six months of jail time.
In these cases, it is imperative to have an experienced attorney behind you to advise you of your rights and give you the best chance possible at avoiding a criminal charge. As even the slightest violation or prohibited form of contact can lead to a criminal contempt charge, many violators may not even be aware that they are violating the terms of a PFA order. If you are accused of a PFA violation, call the LLF Law Firm. Our Criminal Defense Team has many years of experience navigating the PFA process and defending clients accused of criminal contempt as a result of a violation.
How Do PFA Orders Impact Child Custody Disputes?
Children are often included in the provisions of PFA orders, and PFA hearings can raise child custody issues for accused abusers. As these orders can last up to three years, provisions that prevent the accused from contacting their children may be devastating. Although any custody determinations made at a PFA hearing are temporary, they can still impact final custody hearings in family court down the line. Furthermore, when children are named in a PFA order, the court will notify their school so that the accused is also restricted from attending any events or ceremonies. Even if you are required to vacate your home and are prevented from contracting your children, the court may also still order you to make child support payments to the plaintiff.
Hire the LLF Law Firm Criminal Defense Team for Your PFA Defense
In addition to ensuring that you appear at your final PFA order hearing, it is crucial that you contact an experienced defense attorney as soon as possible. The LLF Law Firm's experienced Criminal Defense Team can help you prepare to present evidence and make proper arguments that give you the best chance possible at preventing a final PFA order from being issued against you. These orders can be in effect for years, and even minor violations can lead to serious consequences. As a result, accusations of abuse, even in the absence of initial criminal charges, can lead to severe ramifications for your future, your personal and professional life, and even your custody arrangements. Our experienced attorneys understand the serious nature of abuse accusations and PFA orders and have many years of experience defending those accused, protecting their rights and their livelihoods. If you are facing accusations of abuse or a PFA order is pending against you, call the LLF Law Firm as soon as possible at 888-535-3686 or fill out our confidential consultation form today.
