Protection from Abuse
Pennsylvania courts take domestic violence seriously. Whether you’re a victim or you’ve been wrongly accused, we can help.
Protection from abuse orders
When abuse occurs or allegations are made, it can severely affect a family and the outcome of a divorce. At Graff & Associates, LLC, our experienced lawyers can handle high-stake divorces that involve allegations of domestic violence, abuse against a spouse or former spouse, child abuse, or neglect. We urge you to contact us as soon as possible regarding domestic violence and related matters.
What is a Protection From Abuse (PFA) order in Pennsylvania?
A PFA is a civil court order that protects you from someone who has abused or threatened you. It can order that person to have no contact with you, to stay away from your home, work, or school, and to leave a home you share. Depending on your circumstances, a PFA can also grant you temporary custody of your children and require the abuser to surrender any firearms. In Pennsylvania, PFA orders are governed by the Protection From Abuse Act, and they are enforceable by police anywhere in the state.
How do you file for a PFA in Philadelphia?
You start by filing a petition that describes the abuse and the protection you are asking for. In Philadelphia, PFA petitions are filed with the Family Court, and there is no filing fee. A judge reviews your petition and can grant a temporary order the same day. The court then schedules a final hearing, generally within about ten business days, where a judge decides whether to issue a final PFA. Having a lawyer prepare your petition and represent you at that hearing can make a real difference, because the final order is where the lasting protection is decided.
Who can file for a PFA in Philadelphia?
Not every conflict qualifies for a PFA. The law is meant to protect people from someone they have a close or family relationship with. You can generally file for a PFA in Philadelphia if the person who abused you is your spouse or former spouse, a current or former intimate or dating partner, a family or household member, or someone with whom you share a child. If the person who harmed you is a stranger or an acquaintance without that kind of relationship, a different remedy may apply, and we can help you understand your options.
What are the three types of PFA orders?
Pennsylvania offers three levels of protection, and which one applies depends on how urgent your situation is.
An emergency PFA is available when the courts are closed, such as nights, weekends, and holidays. An on-call judge can issue short-term protection to keep you safe until the courthouse reopens.
An ex parte temporary PFA is issued by a judge based on your petition, often the same day you file, without the other person present. It protects you until your final hearing.
A final PFA is entered after a hearing where both sides can present their case. A final order can last up to three years and may be extended if circumstances warrant.
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