In Lackawanna County, Pennsylvania, the state's Protection from Abuse Act can lead to serious restrictions and consequences for those accused of domestic abuse, even in the absence of criminal charges. Fortunately, the LLF Law Firm's Criminal Defense Team appreciates the complexities associated with PFA orders in Lackawanna County. We have many years of experience defending clients against accusations of abuse, and we understand the severe personal and professional ramifications that can arise from a PFA order being issued against you. If you are facing a final PFA hearing or have had a temporary PFA order issued against you, call the LLF Law Firm as soon as possible at 888-535-3686 or fill out our confidential consultation form today.
What is a Protection from Abuse (PFA) Order?
PFA orders stem from the Protection of Abuse Act of 1990, which was enacted to provide victims of domestic abuse in Pennsylvania a faster means of protection through a specially issued order. PFA orders generally prohibit the alleged abuser from contacting the accuser, among other restrictions. PFA orders do not apply to strangers.
Who Can Receive a PFA Order in Lackawanna County?
Only individuals in intimate relationships can be issued a PFA order or have a PFA order issued against them in Lackawanna County. As the law is meant to protect victims of domestic abuse specifically, these relationships include child-parent relationships, individuals who share a child or children, siblings, spouses, cohabitants, intimate partners, and any other relatives either in blood or in law.
It is also important to note that Pennsylvania law defines abuse to include both actual and threatened physical harm, sexual assault, or false imprisonment. Certain courses of conduct that place a person “in reasonable fear of bodily injury,” such as stalking or following, may also be considered abuse.
What is the Process for Filing a PFA Order in Lackawanna County?
The process for filing for a PFA order in Pennsylvania differs slightly across counties, and in Lackawanna County, all persons seeking to file for a PFA order must do so in person. The same is true for emergency and contested petitions and motions. Any PFA-related motion must, therefore, be brought to Family Motion Court, which is held at 9:00 am daily. Petitioners are also required to fill out a packet of paperwork detailing their reason(s) for requesting the order, which they can pick up from the same location, the Family Court Administrator's Office, or download from the Lackawanna County Family Court Website. The Family Court Administrator's Office is also the authority that can answer any PFA-related questions, and their physical address and contact information are as follows:
123 Wyoming Avenue, First Floor
Scranton, PA, 18503
Temporary PFA Orders in Lackawanna County
If someone has accused you of domestic abuse and is petitioning to have a PFA order issued against you, they will first need to file for a temporary PFA order. Typically, temporary PFA orders are granted on a relatively easy basis so long the person filing provides a believable, comprehensive description of the abuse, they are in an intimate relationship with their alleged abuser, and they can answer any questions that the judge may have in a manner which convinces them that abuse has occurred. The accused does not have a right to be present or be heard at this stage.
Final PFA Orders in Lackawanna County
If the judge grants a temporary PFA order, a final PFA order hearing will be promptly scheduled, and the accused will be notified of the hearing and its date and details. The hearing is typically scheduled within 10 days of the judge granting a temporary order, and it is critical that you show up to this hearing in order to have your side heard. If you do not appear or you are late, it is possible that the judge will automatically grant a final PFA order against you.
At this hearing, the judge will hear and examine evidence from both sides in order to determine whether to grant a final PFA order. Final PFA orders can last up to three years, are difficult to appeal, and can come with severe restrictions and even vacancy orders. As such, this step in the process is critical. You also have a right to have an attorney present with you at a final PFA hearing, and you should absolutely take advantage of this right by hiring the LLF Law Firm. In order to maximize your chances against a petition for a final PFA order, you must attend your hearing on time and act promptly by contacting the LLF Law Firm Criminal Defense Team as soon as possible. Our Team has the experience necessary to protect your rights from initial allegations of domestic abuse through PFA hearings and any potential appeals, and even from potential criminal charges.
What Are the Provisions of PFA Orders in Lackawanna County?
In addition to PFA orders prohibiting the alleged abuser from further abuse or harassment, they often also involve strict prohibitions on all forms of contact, direct and indirect. Commonly, PFA orders also forbid the alleged abuser from contacting the accuser's family members. Orders may also mandate that the accused vacate any shared residence and temporarily relinquish custody of any shared children while also mandating child support payments. Those who find themselves with a PFA issued against them will also need to surrender their weapons or firearms. The petitioner will often be permitted to request specific protections based on the circumstances, which will then need to be finalized by a judge.
Can You Appeal or Modify a Final PFA Order?
Once a final order is issued, it is possible for the petitioner to vacate or drop a PFA order. You can also request a modification of the PFA order, as can the petitioner, but these requests must be submitted to and approved by the court. Although it is often a lengthy, complex, and difficult process, appealing a final PFA order is possible if you act promptly. Typically, appeals processes will go through the Pennsylvania Superior Court, and having the experienced legal counsel of the LLF Law Firm behind you at this stage is essential.
Consequences of Violating a PFA Order in Lackawanna County
Despite the fact that PFA orders are often not initially accompanied by criminal charges, they can still have a very detrimental impact on accused persons. Even minor or accidental violations of any of the provisions of a PFA order can lead to an arrest and potential jail time. Additionally, any statements that you make in a civil PFA hearing could be used against you in subsequent criminal proceedings and lead to far-reaching consequences for both your personal and professional standing. As such, civil PFA proceedings can lead to criminal proceedings and may have a lasting impact beyond the initial provisions of the order. It is also critical to note that if you are involved in a child custody dispute, PFA orders can result in a temporary loss of custody and are likely to raise further child custody issues if disputes come up down the line in court.
Predictably, the reputational damage associated with having a PFA order issued against you can also negatively affect your professional life. This is especially true if you work in a field that requires security clearance or authorization to work with at-risk groups. For these reasons, it is absolutely essential that you take any accusations of abuse and any petition for a PFA order very seriously. Time is of the essence in these instances, and you must reach out to an experienced PFA defense attorney in Lackawanna County as soon as possible to start crafting your defense.
Hire the LLF Law Firm Criminal Defense Team for Your PFA Defense
Considering what is at stake when you are facing accusations of domestic abuse, it is crucial that you hire the best possible attorneys to defend you against a PFA order. In addition to boasting many years of PFA defense experience, the attorneys at the LLF Law Firm understand the nuances involved with cases that can potentially cross between civil and criminal proceedings. Our Criminal Defense Team is your best possible resource when it comes to guiding you through the complicated defense process and ensuring that your rights are protected at every step of the way. The last thing you want to do is gamble on your reputation, custody of your children, and even your career. Secure the representation of LLF Law Firm today to maximize your chances at a favorable outcome. Whether you are early in the process and believe that someone may be petitioning for a PFA against you or the order has already been issued, our experienced attorneys will jump in to help you at any stage of the process. Call us today at 888-535-3686 or fill out our online form and tell us about your case.
