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Ways a PFA Order Can Be Vacated in Pennsylvania
Pennsylvania views domestic violence-related crimes as serious offenses, ranking them among the top hate crimes committed in the state. The Protection from Abuse (PFA) orders available for victims of physical and mental abuse serve as a beacon of hope, permitting individuals to seek court orders for zero contact with their abusers. However, once a PFA order is filed against someone, it can turn their life upside down. If you are facing the confusion and stress of a PFA order, contact a reputable Pittsburgh PFA lawyer.
At Logue Law Group, we have compiled crucial information regarding PFA charges and how you can request the state to reconsider or vacate your situation. However, these matters require the assistance of an experienced Pittsburgh criminal lawyer.
What is a PFA order?
A Protection from Abuse order is a vital initiative by the state to safeguard its citizens against potential domestic abuse threats. The duration of protection is determined by a judge and jury, and the accused must abide by all rules and regulations stipulated in the order.
The court system strives for fairness, giving both the plaintiff and the accused ample opportunity to present their case. It is imperative to engage the services of a professional Pittsburgh DUI lawyer who can provide you with just representation.
The duration of the protection and the associated penalties usually depend on two factors:
- The nature of the domestic relationship between the parties involved.
- The occurrence of a domestic violence incident.
It is important to note that domestic violence is not limited to physical harm, as the state recognizes that it can encompass various forms such as stalking, online threats, persistent attempts to meet the plaintiff, and more. As the defendant, it is crucial to ensure strict adherence to the law to avoid severe consequences.
How to Vacate from a PFA Order?
While such situations are relatively rare, there are instances where the court may be willing to reconsider your case. The civil courts of Pennsylvania generally grant vacation or reconsideration of the order under certain conditions.
You Didn’t Have an Idea About the Hearing
After filing a temporary PFA, it is crucial to attend the hearing for the final PFA order. Typically, there is a gap of 10 days between both court hearings, but this duration may vary based on the severity of the case. If the police fail to provide you with the new hearing date on time, the court will extend the temporary PFA to a new date.
You Have a Good Reason
If your attorney can establish a legitimate cause for your absence on the last hearing date, the court will be open to reconsideration. However, these reasons must be substantial and not frivolous.
Improper Jurisdiction
You can successfully vacate a PFA order if the court did not properly serve you. However, you must provide evidence of unsatisfactory “court service.”
For a strong defense in court and effective case reconsideration, rely on the expertise of Sean Logue, an experienced Pittsburgh criminal lawyer. Dial 844.PITT.DUI today!