how to get a restraining order in pa

3 min read 13-12-2024

Pennsylvania offers legal protection through Protection From Abuse (PFA) orders, often called restraining orders. These orders are designed to protect victims of domestic violence, stalking, sexual assault, or other forms of abuse. Understanding the process is crucial for obtaining this crucial legal protection.

Understanding Pennsylvania's PFA Orders

A PFA order is a court order that legally restricts an abuser's contact with the protected person. This can include restrictions on communication, proximity, and even firearm possession. The specifics of the order are determined by the judge based on the evidence presented. Obtaining a PFA order requires navigating the legal system, understanding the requirements, and presenting compelling evidence.

Who Can File for a PFA Order?

Anyone who has experienced abuse, as defined by Pennsylvania law, can petition the court for a PFA order. This includes:

Victims of Domestic Violence: This refers to abuse committed by a current or former spouse, family member, or someone with whom the victim has a child.
Victims of Stalking: Repeated and unwanted harassment or following, creating a reasonable fear of harm.
Victims of Sexual Assault: Any form of non-consensual sexual contact or act.
Victims of Other Forms of Abuse: This can encompass a broad range of abusive behaviors, including harassment, intimidation, and threats.

What You Need to File for a PFA Order

Before filing, gather as much evidence as possible to support your claim. This could include:

Photos and Videos: Documenting any injuries, threatening messages, or instances of harassment.
Police Reports: If law enforcement has been involved, obtaining copies of any reports filed.
Medical Records: Records documenting injuries sustained as a result of the abuse.
Texts, Emails, and Social Media Messages: Printed or saved copies of any threatening or harassing communication.
Witness Testimony: Statements from individuals who have witnessed the abuse.

Steps to Obtain a PFA Order in Pennsylvania

The process typically involves the following steps:

File a Petition: You must file a Petition for Protection From Abuse with the court in the county where you reside. Forms are available online through the Pennsylvania court system website or at the courthouse. You'll need to provide detailed information about the abuse and the abuser.
Serve the Abuser: Once the petition is filed, you must legally notify the abuser (respondent) that they are being sued. This usually involves having the sheriff or a private process server deliver the paperwork. They must be given a copy of the petition and a notice of the hearing.
Attend a Hearing: A court hearing will be scheduled. You must attend and present your case to the judge. This involves testifying about the abuse, providing evidence, and answering questions from the judge and the abuser's attorney (if they have one).
Judge's Decision: The judge will review the evidence and make a decision. If the judge finds that abuse has occurred, they will grant the PFA order. The order outlines specific restrictions for the abuser.
Enforcement: If the abuser violates the PFA order, you can contact law enforcement. Violation of a PFA order is a criminal offense.

What Happens After a PFA Order is Granted?

Once granted, a PFA order outlines specific restrictions on the abuser's behavior. The order is legally binding, and violations can result in arrest and criminal penalties. The length of the PFA order varies depending on the circumstances of the case.

Note: This information is for general guidance only and is not a substitute for legal advice. The specific requirements and procedures for obtaining a PFA order in Pennsylvania can be complex and vary depending on the specific circumstances of your case. It is strongly recommended to seek legal counsel from a qualified attorney specializing in domestic violence cases.

Frequently Asked Questions (FAQs)

Q: Can I file for a PFA order against someone I've never been in a relationship with?

A: Yes, PFA orders can be obtained against anyone who has engaged in stalking or other forms of harassment, even if there's no prior relationship.

Q: What if the abuser doesn't show up to the hearing?

A: The judge can still issue a PFA order based on the evidence presented by the petitioner.

Q: How long does a PFA order last?

A: The length of a PFA order varies depending on the circumstances, but they can range from several months to several years.

This information is for educational purposes only and should not be considered legal advice. If you are a victim of abuse and need help obtaining a PFA order, please contact a qualified attorney or a local domestic violence shelter. They can provide you with the necessary legal assistance and support.