Leaving a house or life to escape domestic violence can feel overwhelming. Domestic abuse, sometimes referred to as intimate partner violence, can undermine a person's ability to feel safe, especially when they have children.
Pennsylvania's Protection from Abuse Act, originally passed in the 1990s, is one of the state's key laws for protecting victims of domestic violence. The PFA Act established how victims of domestic and sexual violence victims apply to courts for protection. Similar to a restraining order, PFAs limit contact between a victim and their alleged abuser.
Protecting domestic violence victims and ensuring they're safe to live their lives is important. Some individuals, however, misuse the PFA system for their own purposes, undermining the value this system offers to actual victims. Anyone and everyone involved in a PFA hearing should hire an attorney to ensure their rights are protected.
If you require a PFA in York County or elsewhere in Pennsylvania, the LLF Law Firm Criminal Defense Team is here to help you and your family. You deserve to live your life free of fear. Call us at 888-535-3686 or fill out our online form.
Qualifying Relationships and Grounds for PFA Orders in York County
To file for a PFA in Pennsylvania, individuals must have a qualifying relationship with their alleged abuser. In York County, PFAs cover the following romantic or familial relationships:
- Spouses and domestic partners
- Former spouses or domestic partners
- Same-sex couples
- Blood relatives or marital relatives
For victims who are under 18 years old, their parent must file for a PFA on their behalf.
Filing for a PFA in York County
York County allows individuals to file for the following types of protection:
- A Protection From Abuse Order (PFA)
- A Protection From Intimidation Order
- A Protection From Sexual Violence Order
While there are similarities, each order has a different focus. A Protection From Intimidation Order, for example, requires that the victim be a minor.
In York County, individuals can file for a PFA at:
PFA Office, First Floor
York County Judicial Center
45 North George Street
York, PA 17401
The office's number is (717) 771-9662. Individuals should call the office to confirm its operating hours. Be aware that the York County Judicial Center doesn't allow people to bring cell phones into the building.
When the judicial center is open, people must be at the office by 3 pm to file a petition that day. The office has individuals there to help file out paperwork, although these staff members aren't authorized to provide any legal advice.
After you file for a PFA, the office will schedule a date and time for a hearing. York County expects both parties to be at the hearing. If, however, an individual wants a temporary PFA order, they will speak to the judge alone, without the other party present.
Temporary PFA Orders
Pennsylvania has two main types of PFAs: temporary and final. Emergency PFAs are a type of temporary PFA.
Temporary PFAs last for a limited period of time, usually between filing and the final PFA hearing. Judges will generally issue PFAs for up to ten days, and temporary orders can be renewed.
The purpose of temporary PFAs is to reduce delays in providing a domestic violence victim with protection. This also allows both sides to have time to collect evidence before the final PFA hearing.
In York County, individuals who file for PFAs need to request a meeting with a judge to request a temporary PFA. The defendant, or alleged abuser, won't be at this meeting.
The person who files for a PFA, also known as the plaintiff, has the burden of showing why a PFA is necessary. In rare circumstances, a judge may skip a temporary PFA order and go straight to a permanent PFA.
Emergency PFA Orders
People can't always wait for normal business hours to request a PFA. In some situations, an individual needs immediate protection. Emergency PFAs fill this gap and are generally issued for a limited period of time.
When requesting an emergency PFA, someone must be able to show that they or their minor children are in immediate and present danger. These orders generally last until a court opens. At this point, individuals will go to court to request a temporary PFA.
Final PFA Orders
Individuals will generally have to go to court to obtain a final PFA order. During these hearings, both the plaintiff, or the person who filed, and the defendant, the alleged abuser, will have a chance to present evidence and call witnesses to argue their side of the case.
If a judge decides to issue a PFA order, Pennsylvania allows them to issue a Final PFA order for up to 36 months. These orders can be extended and renewed.
Final PFA Hearing in York County
Final PFA hearings generally occur about ten days after a court issues a temporary PFA. These hearings will involve both parties. The plaintiff, or filer, is generally required to be at the hearing. The defendant, or alleged accuser, isn't required to be present. Both parties have the right to legal counsel.
The person who files, or the plaintiff, has the burden of proof. This means they must have evidence that establishes the following:
- A qualifying relationship between the two parties
- That York County courts have jurisdiction, or the power to issue a PFA, by showing that:
- Some or all of the abuse occurred in York County
- Other connections, such as one of the parties living in the county
- Evidence that abuse occurred
- Evidence that ties the defendant's actions to the abuse
Ideally, evidence will create a story that supports your claims and makes it easy for a judge to understand why you need a PFA Order.
Written evidence will carry more weight than statements. Examples of potential evidence:
- Text messages
- Emails
- Social media messages
- Social media posts
- Photos
- Videos
Handwritten notes and letters may be useful. Keep in mind that, without clear evidence, a defendant can deny having written them.
The outcome of a Final PFA hearing can have major implications for both parties. Having legal representation who understands the PFA process, such as the LLF Law Firm Criminal Defense Team, can be crucial for protecting your life and your future.
Both parties will generally have the ability to appeal the judge's decision. If a judge does issue a final PFA order, that order is enforceable throughout Pennsylvania and the United States.
Plaintiffs should be given copies of the PFA Order. Keeping copies of these orders can be beneficial, especially when traveling.
PFA Hearings and Attorney-Client Privilege
One thing to keep in mind is the importance of being honest with your attorney ahead of a Final PFA Hearing. Attorneys don't expect clients to be perfect, but they can't prepare a defense for certain actions or statements without knowing about them.
Attorneys are bound by attorney-client privilege, meaning what you tell them stays between you. The more you tell your attorney, both good and bad, the better they can prepare your case and defend you.
PFA Enforcement Outside of York County
PFA Orders are enforceable throughout Pennsylvania and the United States. PFA Orders are registered with the Pennsylvania State Police Protection From Abuse Registry, which then forwards the information to the federal crime registry.
Even with these registries, individuals should still keep copies of their PFA Order. York County recommends that individuals who have a PFA and either spend a considerable amount of time outside of the county or relocate should:
- File a certified copy of your PFA Order with the relevant office in the county where you are staying or working either temporarily or permanently
- Deliver, in person, a certified copy to the relevant local police department, sheriff's office, or other local law enforcement agency where you are staying or working either temporarily or permanently
If you're moving or otherwise have questions about informing local courts or law enforcement about your PFA, the LLF Law Firm Criminal Defense Team can help.
PFA Violations in York County
PFA Orders aren't a complete defense against an abuser. In some cases, a defendant may violate a PFA order. If this occurs, individuals should immediately contact local law enforcement. Having a copy of a PFA Order can be beneficial in cases when it's necessary to contact police or other law enforcement.
Police have the authority to arrest anyone who violates a PFA order. A hearing for contempt will be set. Individuals found guilty of violating a PFA order may face jail time or fines. If the individual intentionally crossed state lines to violate the order, they may be subject to federal criminal proceedings.
If a defendant is found guilty of violating a PFA Order, the plaintiff may request an extension of the PFA Order. If a judge grants this extension, the court must provide an updated PFA Order to all parties.
Protect Your Future and Safety
Making the decision to file for a PFA Order can be stressful. The process can seem overwhelming, and it can be difficult to take those first steps away from an abusive home or situation.
The LLF Law Firm Criminal Defense Team is here to assist you with these first steps. If you have questions about PFAs or need representation, we can help.
We work with clients in York County and throughout Pennsylvania. We assist our clients with understanding the process, from deciding where to file for a PFA to building evidence-backed cases to help protect their lives and their futures. Call us at 888-535-3686 or fill out our online form.
