Protection From Abuse Orders ("PFA") in Philadelphia, PA

False allegations of domestic violence can have very serious consequences in Pennsylvania. Prosecutors could file criminal charges against the accused, and the complainant could also seek a Protection from Abuse Order in Family Court. These court orders serve as an emergency means of preventing domestic violence. Even if you have not done anything wrong, the complainant could seek a protection from abuse order in Philadelphia, and you could be forced to obey the terms of that order both on a temporary basis until a judge holds a hearing on the merits or for years if the judge rules against you in the PFA case. Fortunately, our experienced and understanding domestic violence defense lawyers know that false allegations are frequently made against good people, and we are here to help you defend yourself and clear your name.

Temporary protection from abuse orders can be issued on the basis of nothing more than an allegation made by the petitioner without the defendant present, so it is extremely important to contact experienced PFA lawyers immediately to prevent the order from becoming permanent and to seek to have the order lifted as soon as possible. Our PFA attorneys will challenge the order at every step of the proceeding to help you fight for your rights and get the outcome you deserve. We have won countless cases involving Protection From Abuse Orders and Contempt of Court for alleged violations of those orders in Philadelphia and other courts throughout Pennsylvania.

UNDERSTANDING THE PROCESS OF PROTECTION FROM ABUSE IN PHILADELPHIA

Allegations of domestic abuse often lead to litigation in Family Court if the complainant seeks a Protection from Abuse order. In many cases where the complainant is a family member or romantic partner, they may obtain an emergency, ex parte Protection from Abuse order by filing a Petition in Family Court.

Because PFA orders are often sought in emergency situations, the Family Court judge (or even a clerk) may issue a temporary PFA order without the defendant present for the initial hearing. The complainant must then arrange for the defendant to be served with the order. Service will often be made by the police department. Once the defendant has been served with the emergency order, the defendant may not have any contact with the complainant or the defendant could be arrested and charged with Contempt of Court for violating the restraining order. Contempt of Court can lead to a criminal conviction and incarceration for up to six months for each unlawful contact with the complainant.

Although the Family Court will grant the initial, emergency order without a hearing or opportunity to contest the allegations, the Court must hold a prompt hearing on whether a permanent Protection from Abuse order should be entered. At that hearing, the plaintiff will have to show that the defendant committed some sort of abuse, typically meaning a violent act or threatening behavior, which makes a Protection from Abuse order necessary. If the Court finds that abuse has occurred and an order is necessary, then the judge may issue a permanent Protection from Abuse order for up to three years. The actual terms of the final order may vary.

For example, the order could require that the defendant has no contact with the plaintiff, that the defendant leave a shared residence, or that the defendant has limited contact with the plaintiff depending on the circumstances. A judge could even order you to vacate your own home if you own the home and the petitioner has no claim to it but nowhere else to stay. The PFA Act allows the Family Court judge a great deal of discretion in fashioning an order which is designed to prevent any further abuse. This is why it’s crucial to have criminal defense attorneys with a thorough understanding of protection from abuse in Philadelphia and the related criminal and civil consequences.

WHAT HAPPENS AT A PFA HEARING? 

The hearing on the permanent order is somewhat similar to a criminal trial, but the defendant generally has fewer procedural protections. Both parties may be represented by counsel, and the parties will be under oath and able to testify. Likewise, the parties may introduce evidence and call third-party witnesses. The party who filed the petition will go first. They may testify, call witnesses, and introduce evidence in an attempt to convince the judge that a final order should issue. The defense may cross-examine the petitioner’s witnesses. Once the petitioner rests their case, the defense may respond by testifying, calling their own witnesses, and introducing their own evidence. Each side will then make argument to the judge, and the judge will make a ruling on whether to issue a final order. If the judge issues a final order, the judge will also have to decide for how long the order should last and what specific conditions to attach to the order. A judge may issue an order that lasts for up to three years.

Although there are some similarities between a trial regarding Protection from Abuse in Philadelphia and a criminal trial, there are also some important differences. First, there is virtually no discovery process. This means that the defendant may know only what is alleged in the initial Petition and will not receive witness statements, police reports, or any other evidence in advance as they would in a criminal trial or even in a civil dispute. Second, the judges are much more flexible about allowing the parties to introduce documents like medical records, text messages, and other reports without requiring the same level of authentication that would be required in criminal court. Third, there is no right to have a jury rule on the issues. Instead, the decision as to whether abuse has occurred and a PFA order is necessary will be made by a Common Pleas judge who will rule on the credibility of the witnesses and any legal issues.

THE CONSEQUENCES OF A PROTECTION FROM ABUSE ORDER  

Although a permanent Protection from Abuse Order is not the same thing as a criminal conviction, the finding against the defendant can be nearly as serious as a criminal conviction. The State Police maintain a record of Protection from Abuse orders, and therefore the existence of the order could show up on a background check of the defendant, resulting in difficulty obtaining employment, housing, or educational opportunities for years to come.

Additionally, the Protection from Abuse statute gives the Court the authority to order the defendant to relinquish firearms, stay away from the plaintiff, and even move out of the house if the parties share a dwelling. Thus, the consequences of a Protection from Abuse Order can be extremely severe, impacting the lives of both parties and ruining relationships forever. Further, in cases in which the allegations have been fabricated, the PFA order gives the complainant additional leverage to seek criminal charges as the police may arrest the defendant if the complainant alleges any further contact. This can be particularly problematic for a defendant who is involved in custody or child support litigation with the petitioner as the existence of a PFA order can be abused to gain leverage against the defendant in other proceedings.

DO I NEED A LAWYER TO DEFEND AGAINST A PFA? 

The simple answer is yes. Although many people choose to go it alone when both seeking and defending against Protection from Abuse in Philadelphia, the reality is that experienced PFA lawyers can vastly improve your odds of success. PFA orders have serious consequences - impacting your reputation, livelihood, right to possess a firearm, and ability to live in your own home - and so they should be taken seriously. A team of experienced PFA attorneys can thoroughly investigate the allegations in the Petition in order to determine if there is exculpatory evidence or if there are helpful defense witnesses. It may also be possible to subpoena records and other evidence which could be used to exonerate you at trial.

Even further, experienced PFA attorneys will recognize potential legal defenses which could establish that even if the allegations are true, the plaintiff is not entitled to a PFA order. They’ll also be able to make sure that helpful evidence is properly presented to the court in such a way that it complies with the rules of evidence, and the PFA attorney will be able to cross examine the plaintiff in order to show whether there are any inconsistencies or credibility issues in the plaintiff's testimony and allegations. Given the significant consequences that come with a PFA order, you should always retain knowledgeable PFA lawyers for these proceedings to ensure you have the best defense possible.

Can I get a protection abuse order expunged from my record with the Pennsylvania State Police?

It depends. In general, a temporary order that never became a final order can be expunged. This means that if the PFA was dismissed either because the petitioner failed to show up or because the judge ruled against them, then you can file to have the PFA order expunged from the statewide database. Final orders generally cannot be expunged. If you have a hearing and the judge enters a final order against you, then that order will be permanent. It will not necessary appear on a criminal background check, but the Pennsylvania State Police will maintain a record of the order in their database. This makes it important to handle these types of cases properly. If you win the case, then the records can be expunged. But if you ignore it or try to handle it on your own and lose, then the record of the PFA order could become permanent.

OUR PFA LAWYERS CAN HELP WITH DOMESTIC VIOLENCE ALLEGATIONS

Domestic violence allegations are serious. They can lead to a criminal conviction, jail time, and even the loss of your home. Given the significant consequences of a conviction or final PFA Order, it is critical that you hire experienced PFA lawyers who will fight for you if you are facing allegations of domestic abuse. Our top Philadelphia criminal defense lawyers have extensive experience and proven track records of success in defending clients against domestic abuse and assault allegations. Call 267-225-2545 for a free strategy session today.

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