PA Restraining Order: Your Guide to Safety (60 Chars)
Navigating the legal system in Pennsylvania can be daunting, especially when personal safety is at stake. The Pennsylvania Courts offer avenues for protection, and understanding your options is paramount. A Protection From Abuse (PFA) order, often referred to as a restraining order in Pennsylvania, provides legal recourse against abuse. Eligibility requirements are defined by the Pennsylvania Rules of Civil Procedure. Accessing legal aid from organizations like the Pennsylvania Legal Aid Network ensures informed decision-making during this critical time. This guide aims to clarify the process of obtaining a restraining order in pennsylvania, empowering you to protect yourself.

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Understanding Restraining Orders in Pennsylvania: A Guide to Your Safety
This guide provides information about obtaining a restraining order in Pennsylvania, officially known as a Protection From Abuse (PFA) order. It aims to help you understand the process and your rights. This information is for educational purposes only and is not a substitute for legal advice.
What is a Protection From Abuse (PFA) Order in Pennsylvania?
A PFA, or Protection From Abuse order, is a court order that protects someone from abuse by a family member or intimate partner. It's designed to prevent further acts of abuse and provide a safe environment for the person seeking protection (the Plaintiff). The person against whom the order is filed is called the Defendant. Obtaining a restraining order in pennsylvania requires demonstrating that abuse has occurred or is likely to occur.
Who Can File for a PFA?
A person can file for a PFA in Pennsylvania if they are experiencing abuse from:
- A family member (related by blood or marriage).
- A current or former spouse.
- Someone with whom they have a child.
- Someone with whom they have had an intimate or sexual relationship.
What Constitutes Abuse?
Abuse, in the context of a PFA, includes:
- Physical harm or threats of physical harm.
- Sexual abuse or threats of sexual abuse.
- Putting someone in fear of immediate physical harm.
- False imprisonment.
- Stalking.
The PFA Process: Obtaining a Restraining Order in Pennsylvania
The process for obtaining a restraining order in pennsylvania generally involves the following steps:
- Filing a Petition: The process begins by filing a Petition for Protection From Abuse with the Court of Common Pleas in the county where you live, where the Defendant lives, or where the abuse occurred. This petition outlines the abuse you have experienced and why you need a PFA.
- Emergency Relief: If you are in immediate danger, you can request an emergency PFA. This can be done even after court hours by contacting the local police. An emergency PFA is a temporary order that lasts until a hearing can be scheduled.
- Temporary PFA Hearing: After filing the Petition, the court will schedule a hearing for a Temporary PFA. At this hearing, the judge will decide whether to issue a Temporary PFA based on your testimony and evidence. The Defendant will likely not be present at this hearing.
- Serving the Defendant: The Defendant must be officially notified about the PFA and the scheduled hearing. This is usually done through personal service by a sheriff or other authorized person.
- Final PFA Hearing: A final hearing will be scheduled, typically within 10 business days of the Temporary PFA hearing. Both the Plaintiff and Defendant will have the opportunity to present evidence and testimony. The judge will then decide whether to issue a Final PFA.
- Duration of the Final PFA: A Final PFA can last up to three years.
Types of Protection From Abuse Orders
There are generally two types of PFA orders issued in Pennsylvania:
- Emergency PFA Order: This is a short-term order issued quickly when there is an immediate threat of abuse.
- Temporary PFA Order: Issued after a hearing, this order provides protection while the court considers a final order.
- Final PFA Order: This order provides long-term protection, lasting up to three years.
What a PFA Can Do: Provisions of a Restraining Order in Pennsylvania
A PFA order can include several provisions designed to protect the Plaintiff, including:
- Prohibiting the Defendant from contacting the Plaintiff, either directly or indirectly.
- Ordering the Defendant to stay away from the Plaintiff's home, workplace, or school.
- Granting the Plaintiff temporary custody of children.
- Ordering the Defendant to surrender firearms.
- Requiring the Defendant to pay temporary support or medical expenses.
Sample PFA Provisions Table
Provision | Description |
---|---|
No Contact | The Defendant cannot contact the Plaintiff in any way (phone, email, text, social media, etc.). |
Stay Away | The Defendant must stay a specified distance (e.g., 100 feet) away from the Plaintiff's home, work, and school. |
Temporary Custody | The Plaintiff is granted temporary custody of the children. |
Surrender Firearms | The Defendant must surrender any firearms in their possession to law enforcement. |
Payment of Expenses | The Defendant may be ordered to pay for medical expenses or support for the Plaintiff and/or children. |
Eviction from Shared Residence | The Defendant can be evicted from a residence they share with the Plaintiff. |
Violating a PFA: What Happens?
Violating a restraining order in pennsylvania is a criminal offense. If the Defendant violates the PFA, they can be arrested and charged with indirect criminal contempt. This can result in jail time, fines, and other penalties. If you believe a PFA has been violated, you should immediately contact the police.
Steps to Take If a PFA is Violated:
- Call the Police: Contact local law enforcement immediately.
- Document the Violation: Gather evidence of the violation, such as text messages, emails, or witness statements.
- Notify the Court: Inform the court about the violation.
Modifying or Terminating a PFA
A PFA can be modified or terminated by the court. This usually requires filing a petition with the court and demonstrating a significant change in circumstances. Both the Plaintiff and Defendant can request a modification or termination.
Video: PA Restraining Order: Your Guide to Safety (60 Chars)
PA Restraining Order FAQs
Here are some frequently asked questions about obtaining a restraining order in Pennsylvania for your safety.
What is the difference between a Protection From Abuse Order (PFA) and a restraining order?
In Pennsylvania, a Protection From Abuse Order (PFA) is the restraining order used in cases of domestic violence. It protects you from a family or household member who has abused you. They are synonymous in this context.
Who is eligible to get a PFA in PA?
You can get a PFA if you are experiencing abuse from a family member, someone you have or had a romantic relationship with, or someone you live with. You must demonstrate abuse to a judge to obtain a restraining order in Pennsylvania.
How long does a temporary PFA last?
A temporary PFA, also known as an Emergency PFA, usually lasts until a full hearing can be scheduled, which is typically within 10 business days. This provides immediate, short-term protection while you pursue a longer-term solution, like a final restraining order in Pennsylvania.
What happens if the abuser violates the PFA?
Violating a PFA is a criminal offense in Pennsylvania. The abuser can be arrested and face jail time or fines. If your PFA is violated, contact the police immediately.