Temporary vs. Final Protection from Abuse Order

If you are in Pennsylvania, you can obtain the order of Protection from Abuse or PFA from the court which will protect you from any kind of risk of bodily harm, domestic violence, sexual assault, and stalking. PFA order is similar to the restraining order. It also protects the victim from harassment, stalking and any kind of threats that involves bodily harm. The Protection from Abuse Act, 1990, enlists the types of PFA orders and the protection it will provide to the victim. If you have been served a PFA order, it is necessary that you get in touch with an expert Pittsburgh PFA lawyer.

PFA orders are only valued for those victims who are in an intimate relationship with the defendant or share the same household. The relationship can include:

• Former or current spouses
• Former or current sexual partner
• Members of the same family related by marriage or blood
• Children and parents
• Same-sex partners

If the victim is under 18, then they need to have their guardian file the appeal for them. Obtaining PFA doesn’t include the relationships like roommates, colleagues, classmates, neighbors or strangers.

When you are served with a PFA order, it might be temporary or permanent. Most of the time, the judge issues Ex Parte PFA which is temporary PFA order. For this, you will neither get any notice nor you will be in the hearing. In some cases, the judge can issue a temporary PFA order if the victim can prove that they or their children are in imminent danger. After the Ex Parte, typically within ten days, the court does a hearing where the plaintiff and the defendant both need to be present. This is your only chance as the defendant to give inputs that the judge will consider for the order. The final PFA order will prevent you from contacting the plaintiff or planning to visit them. It is better that you get in touch with an experienced Pittsburgh PFA lawyer.

When you get notified of the final hearing, it is mandatory for you to be present at the hearing. For some urgent cases, the judge can move the date of hearing while extending the temporary PFA. The final hearing is your only chance to tell your side of the story. We, your Pittsburgh PFA lawyer, will cross examine the witness and evidence while helping you get through the regulations of the PFA order.

The final PFA order will be issued to protect the plaintiff and/or their children. The order might include the following provisions:

• Not contacting the plaintiff or the children through physically or remote virtual way
• Leaving the shared house
• Continuing financial support for the spouse or children
• Grating temporary custody of the victim
• Giving up guns and weapons
• Attending counseling or anger management classes

PFA orders are a civil matter and not criminal one. However, violating a PFA order will get you criminal contempt and for this, you will get six months of jail time and a fine up to $1000.

There are two major differences. While temporary PFA can be issued only after hearing with the plaintiff, the final PFA will require both parties to be present at the hearing.

Also, temporary PFA order can be valid 10-15 days. But the final PFA order will last for three years.

At Logue Law Group, we have dealt with many PFA cases. When you come to our Pittsburgh PFA lawyer, we help you get through the legal journey. For more details or a free consultation, call us now.