Laurel Legal Services, Inc.

Cambria County
Protection From Abuse (Domestic Violence)
Information

Obtaining a Protection from Abuse Petition in Cambria County, Pennsylvania:

If you believe that you or any minor child is the victim of abuse, there are two methods to obtain protection in the form of a Court Order. The first method is to file a Petition for Protection From Abuse with the Cambria County Court.

REMEMBER: You should seek assistance from an attorney to complete the Petition for Protection from Abuse. You may contact Laurel Legal Services, Inc. for assistance and, in Cambria County, you may contact the Women's Help Center at 814-536-5361 for assistance and a referral.

Obtaining a PFA Order is a five step process. You must (1) prepare a Petition for Protection from Abuse; (2) file the Petition with the Court and have the Court enter a Temporary Order of Protection; (3) give notice to the police and the offending party about the temporary order; (4) attend a Court hearing to obtain an Order of Court extending the Temporary Order; and (5) give notice to the police about the Extended Order of Court. Laurel Legal Services, Inc. will assist you every step of the way.

Let's take a look at this process one step at a time. Remember, Laurel Legal Services will help you with each step.

Step #1:

Preparing a Petition for Protection from Abuse. A Petition for Protection from Abuse is commonly called a PFA. A petition is a document that is filed with the Court telling the Judge what has happened and why you need protection from the Court. Remember that in most circumstances, the Judge does not know you or the other party and does not know what happened. Laurel Legal Services attorneys will meet with you and prepare this document for you. If you receive assistance from the Women's Help Center or the Domestic Violence Advocate at the Courthouse, then Laurel Legal Services will review your petition to ensure that it meets all of the requirements for a protection order.

You must also sign VERIFICATION and an ACKNOWLEDGMENT. The Verification says that to the best of your knowledge, information and belief, the statements in the PFA Petition are correct. You also verify that you do not have funds to pay for filing this Petition or for Serving the Petition. The Acknowledgment says that you know that you must appear at the Hearing that will be scheduled by the Court and that you will be required to offer testimony to support the allegations in the Petition. If you fail to appear, the Petition will be dismissed and you will be required to pay all of the costs.

The Judge will sign an ORDER OF COURT. The purpose of the Order of Court is to tell all of the parties what will happen and when it will happen. In a PFA Petition, the Order states that the accused party must refrain from stalking, following, harassing or calling you until the Court has time to listen to both sides tell their story. The Order tells the accused party that they may be arrested and fined for violating the Order. The Order tells the parties when a hearing will be conducted and where it will be held. And most important, the Order tells the Police that they have authority to act on your behalf to protect you.

You must provide INSTRUCTIONS TO THE SHERIFF. The Sheriff serves a copy of the Petition and the Order of Court on your abuser. In order for the Sheriff to know who gets the Petition and Order of Court, you must give the Sheriff instructions telling the Sheriff the persons name, residence, age, build, eye color, hair color, and sex (man or woman), together with any other identifying characteristics (such as a tattoo, scar on the arm, broken leg, gold tooth, or anything else that easily identifies the person). If you have a home phone number, a work phone number or a number for any friend or relative of the other party, you should provide this to the Sheriff.

Step #2:

Filing the PFA Petition with the Court and asking for a Temporary Order. After the PFA Petition is prepared, it must be filed with the Prothonotary. The Prothonotary is the keeper of the records. Almost every document that is sent to the Court must go to the Prothonotary. The Prothonotary will take your Petition and will forward it to the Judge so that the temporary order can be signed. The temporary order will be sent back to you or you can pick it up at the Courthouse.

Step #3:

Serving the Order of Court on the Police. Once you receive the signed Temporary Order of Court, send one copy of the Order of Court to every police department that serves your area. Some places have one police force; other places are served by two or three police forces, which may include the Pennsylvania State Police. If Laurel Legal Services files the Petition on your behalf, Laurel Legal Services will send a copy to the police departments.

Step #4:

Attending the Hearing. Now that the Court has scheduled a hearing date, you must attend. Do not miss this date. If you fail to attend, the Court will dismiss your Petition and Order you to pay all of the Costs. At the time of the hearing, be ready to tell the Judge what happened and why you filed for a PFA. Be direct and to the point, but make sure the Judge understands what happened, when it happened, and why the other person should stay away from you and your residence. The Court will enter an Order based upon your testimony and the testimony of the other party.

Step #5:

Serving the Final Order of Court. After the Final Order of Court is received, you must make certain that the Police have a copy of the Final Order. Send one copy of the Order of Court to every police department that serves your area. The Prothonotary will send one copy of the Order of Court to the State Police.

In Cambria County, you can obtain a PFA Order from the Court between the hours of 9:00 a.m. until 2:00 p.m. However, if the Courthouse is closed (because it is a weekend or holiday) or if it is after 2:00 p.m., then there is a second way to obtain a PFA Order. You should go to the office of the District Justice in your area. If it is the weekend or holiday and the local office is closed, you may contact the police and they will direct you to the District Justice Office that is open or "on call" at that time.

Go to the District Justice's office and request the forms for an Emergency PFA. You must complete the forms. The District Justice will grant the Emergency PFA. This is only good until the next day that the Courthouse is open. The next day you should go to the Prothonotary's office at the Courthouse and request that the Judge extend the Emergency PFA. Generally, the Court will grant your request for an extension and enter an Order stating that a hearing will be conducted. The PFA Order will remain in effect until after the hearing is completed. (See steps #4 and 5, above.)

Commonly asked questions about the PFA:

What happens if the Judge does not sign my Temporary Order?

Your attorney or advocate should send a letter to the Judge requesting a hearing. The Judge will enter an order scheduling a hearing. You can appear at the hearing, tell the Judge what happened, and still obtain an PFA Order.

How much will it costs to file?

Nothing. In Cambria County there is no charge for filing a PFA. At the time of the hearing, the Judge will decide who should pay the Court costs. Most of the time, the other party must pay the costs. Sometimes, the County will not charge anyone. You could be assessed costs if the Court believes that your claim had no merit or if you fail to show up for the hearing.

What happens if I file a PFA and decide not to proceed?

You still must appear for any scheduled hearing. You can tell the Court why you decided not to proceed. However, if you do not show up to explain why you do not want to proceed, the Court may assess the costs against you.

How long does a PFA last?

The PFA will last up to 36 months (3 years).