Protection from Abuse Order

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This Information Will Provide You With The Tools You Will Need To Make a Well Informed Decision With Regard to All Areas of the Protection From Abuse Process.

How to Obtain a “Protection from Abuse Order”

What is a PFA?

A PFA (Protection From Abuse) is a civil court order telling the abuser that they shall not abuse, harass, stalk or threaten to harm the victim again.

How Does the Law Define Abuse?

Under the Protection From Abuse Act, the law defines abuse as any of the following:

Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, rape, spousal sexual assault, or involuntary deviate sexual intercourse with or without a deadly weapon.
Placing another, by physical threat, in reasonable fear of serious bodily injury.
False imprisonment, as defined under the crimes code.
Physically or sexually abusing minor children.
Repeated acts which place an individual in reasonable fear of bodily injury.

The act does not cover emotional or mental abuse, such as name calling, threats to take children, financial threats etc…

Who is Eligible for a PFA?

Any adult or child who is assaulted (physically or sexually) or threatened by a family or household member, sexual or intimate partner, same sex partner, or person who shares biological parenthood.

Where can you obtain a PFA?

Victims can file for a PFA at the Prothonotary’s office in the Pike County Court House, Monday through Friday, 8:30 am to 4:00 pm.

What is an Emergency PFA and How do You Obtain One?

If you require emergency protection during the evening, weekends, or when the courthouse is closed, you must contact the police for assistance in getting an Emergency Protection Order. The police will contact the District Judge on call and the victim must go there to request an Emergency Petition. Emergency orders are only valid until the close of the next business day. You then v to file a petition for a temporary PFA at the Prothonotary’s Office.

Is There Legal Assistance for a PFA?

Safe Haven, Inc. of Pike County will provide a Justice System Advocate (upon availability) who will accompany you to court.

Is There Any Cost or Filing Fees?

No Plaintiff seeking a PFA will be charged any fee. All fees will be assessed at the hearing and shall be paid by the defendant.

What Relief Can a PFA Provide?

A PFA can provide the following:

Order the abuser not to abuse, stalk, harass, or threaten the victim.
Order the abuser not have ay contact with the victim.
Order the abuser not to harass the victim or the victims’ relatives.
Order the abuser to turn over weapons to the sheriff.
Give temporary custody of the children to the abused parent.
Put limits on custody by the abuser that would ensure the safety of the abused parent and the children.
Order the abuser to be evicted from the victim’s home.
Order the abuser to pay for losses caused by the abuser that happened as a result of the alleged incident of abuse including, medical, dental moving expenses, fees for counseling, loss of earnings or support and other out of pocket losses for injuries.
Order the abuser to pay temporary support to the victim and children
Order the abuser to attend drug and alcohol counseling, anger management or other counseling.

Weapons

If a defendant owns any weapons, the court will order that all weapons be turned over to the sheriff within 24 hours of service of the temporary order or at the issuance of the final order.

How Long will the PFA Last?

The PFA can last thirty days to three years. A request for an extension must be based on a violation that has occurred within the time that the PFA was in effect. You can also request to a modification if you wan to change any part of the order, such as removing or adding a provision. If you are asking for additional relief, again, the request has to based on something that has happened that would warrant the change.

What If the Abuser Violates the PFA?

CALL THE POLICE. The responding officer should arrest the abuser if there is probable cause to believe that the abuser has violated any part of the order. The abuser doesn’t have to be violent again for the police to make an arrest. Any violation of the order is grounds for arrest. After the arrest, there will be a contempt hearing. If the abuser is found in contempt, they can be fined up to $1,000 and incarcerated for a period up to six months.

Can Criminal Charges Be Filed?

Yes. A victim can file criminal charges at the same time. However, Protection From Abuse matters are heard in civil court, not criminal court. They are completely separate court actions. For more information regarding the criminal process, cont the Victim Witness Assistance office at (570) 296-6620.

How to Get a PFA

In order to be eligible for a PFA, there has to be a recent incident of physical or sexual abuse. This could include physical harm, or a direct threat to you to do physical harm. Go to the Prothonatary’s Office in the Pike County Courthouse. The petition can be completed there, or if you need assistance you can call Safe Haven of Pike County at (57) 296 HELP or (570) 296-2827. You will be provided with assistance in filling out the petition if necessary. The judge will then review the petition and either grant the temporary order, or deny it, based on the allegations in the petition.

What is a Temporary Order?

If a Temporary Order is granted, there will be a hearing within ten days to determine whether a Permanent Order will be granted. The abused (defendant) must be properly served with the Temporary Order and Notice of Hearing. The sheriff’s office can serve the defendant, however any competent adult over 18 can make service as long as the order is physically handed to the defendant. It is recommended that the sheriff’s office service the defendant for safety reasons. REMEMBER, if the parties reside together, a Temporary Order does not automatically evict the abuser from the home. The order may simply state that the abuser cannot abuse, stalk, threaten or harass you. Keep this in mind when filing so you can make a safety plan for you and your children until your final hearing takes place.

The Hearing

At the hearing, the victim (plaintiff) and the abuser (defendant) are both present. Each party will have representation; the PFA Advocate will represent the plaintiff. The Public Defender will represent the defendant. Both parties have the right to hire a private attorney if they choose to do so, at their own expense. This is the time when the victim may request any other relief, such as an eviction, not contact provision, temporary custody, etc.

The Final Order

If the abuser agrees to the victim’s request, then a Consent Order may be entered and neither party has to testify. The judge will sign the order and it ends there. If the abuser does not agree to what the victim is asking for, or is denying the allegations, then the judge will conduct a hearing. Both parties will testify about what happened. Based on the testimony of both parties, witnesses, and any other evidence that is admitted the judge will then make the final decision as to whether a Final Order will be granted.

How Can I Withdraw My Petition?

If you decide to withdraw your petition, you cannot come back to court at a later date and request a PFA based on the same incident. There must be a new incident of abuse in order to file again. If you are considering withdrawing your petition is it recommended that you speak with a counselor advocate from Safe Haven of Pike County.

What Happens if the Parties Do Not Show Up at the Hearing?

Providing there has been proper service; if the defendant doesn’t show up and the plaintiff does, in most cases, a final order (ex-parte order) will be entered. If the victim does not show up, then the order will be dismissed. If proper service has not been made or if there is any other extenuating circumstance, the hearing may be continued. If this happens, the Temporary Order remains in full force and effect until the new hearing date.

What About the Children?

If victims want to list their children as protected parties, there has to have been abuse to the children, or the children had to have witnessed abuse. If the order does include the children, this doesn’t mean that the victim has custody. It simply means they are protected parties as well. Custody is usually not addressed in a PFA action. There is a separate court process that determines permanent custody. If there is a case in which a custody provision is included in a PFA, it is only in effect for the duration for the PFA order, however, either parent can petition for modification if there is a valid reason.

Tips for Testifying?

Testifying in PFA court can be extremely difficult. NO one can ever be over prepared. Beyond reviewing the specific with an attorney, the essential responsibility of the client pay a vital role. Here are some basic rules of thumb that will be helpful when presenting your testimony.

Review the facts in your mind so you can accurately describe the incident. Knowing dates and times is important
Be on time
Always address the judge properly.
A neat appearance and proper dress in court are important.
Do not chew gum.
Do not memorize what you are going to say.
Speak loudly and clearly, but do not raise your voice.
Listen carefully to the question that you are asked.
Answer only the question that is asked. Do not volunteer information that is not asked for.
Do not voice opinions, the judge is only concerned with the facts.
Explain your answer if necessary. Give the answer in your own words and most important, BE TRUTHFUL!
Always be courteous, even if the lawyer questioning you may appear discourteous. Don’t appear to be a sarcastic or angry witness. This will lose the respect of the judge, and it may discount your credibility. AS difficult as it may be, keep your cool and do not lose your temper.
Never argue with the defense attorney.