A Protection from Abuse (PFA) order offers protection for victims of domestic abuse and violence from harm by their family members or intimate partners. For the defendant, a PFA order served to them can have serious consequences which include loss of child custody, property rights, education options, employment, and firearm rights. Also, the order can damage their reputation.
Unfortunately, a PFA order can be filed by a party who wants to seek revenge or retribution and is based on false allegations. If you are a defendant, you must consult with a skilled protection from abuse attorney in PA to make sure your rights are protected.
Temporary Protection from Abuse Orders
A temporary or emergency PFA order can be issued by a judge without determining whether or not physical abuse actually occurred. Sexual offenses such as sexual assault, rape, and incest, as well as stalking and false imprisonment, put the alleged victim in fear of bodily harm and can be a basis for a temporary PFA. Following the issuance of a temporary PFA, a judge will schedule a formal hearing within ten business days.
If you have been served with a PFA order, don’t try to get in touch with the plaintiff. Violating a PFA order will only complicate your case. You must consult an attorney to help you understand your rights and the court processes. A PFA order is a civil matter; however, the plaintiff can also file criminal charges against you, so you need to have an attorney on your side. If you wish to contest the order, make sure to appear at the formal hearing. Otherwise, a permanent PFA order can be entered by default, which will be harder to contest. Also, a permanent order will forever stay in the court record.
How to Contest a PFAT at the Formal Hearing
Your attorney can help you collect evidence, gather relevant information like text messages, phone messages, or emails from the plaintiff, as well as speak with witnesses. Although the order does not prohibit the plaintiff from contacting you, such communication can help fight the order. Should the plaintiff contact you, let your attorney handle all communications.
At the hearing, you and the defendant can testify. Your respective attorneys may also cross-examine witnesses and the opposing party. A judge will determine whether or not to enter a permanent PFA order based on the presented evidence and testimony. If a final order is entered, it will be effective for up to three years.
