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Laurel Legal Services, Inc.

Serving Westmoreland, Indiana, Armstrong, Clarion, Cambria and Jefferson Counties

General Protection From Abuse Information

In Pennsylvania, it is possible to obtain a court order that directs the abuser to stay away from the victim/survivor. This order is called a Protection from Abuse Order (PFA).

  1. Who can get a PFA Order?

    2. To obtain a PFA Order, the victim/survivor must have one of the following relationships with the abuser:

    It is possible to obtain a PFA against a same-sex partner.

  2. What counts as abuse under the law?

    3. According to the PFA law, abuse is one or more of the following:

  3. What protection does the PFA provide?

    4. The PFA orders the defendant not to abuse the victim/survivor. Specifically, the abuser will be ordered not to abuse, stalk, harass, or threaten or attempt to use physical force against the victim/survivor in any place that s/he may be found. The abuser will be ordered to stay at least one hundred (100) yards away from the victim/survivor.s residence, one hundred (100) yards away from the victim/survivor.s place of employment and/or school, and at least ten (10) yards away from the victim/survivor at all times. The abuser will be forbidden to have any contact with the victim/survivor at any location, including but not limited to the plaintiff.s school, business or place of employment. Additionally, the abuser is not allowed to try to contact the victim/survivor through third persons, the telephone, email, text messaging, or any other form of communication. PFA Orders can remain in effect for a maximum of three years. The Judge decides how long the PFA Order will be in effect.

  4. Can the PFA Order address custody, housing, support, etc.?

    5. The PFA Law permits the Judge to address other issues affecting the victim/survivor. However, the Judge is not required to grant any of the following forms of relief. The decision to grant any of the following is in the Judge.s discretion, which means that it is the Judge.s decision whether s/he decides that any of these forms of relief are appropriate in a particular case. The Judge may address custody and determine which parent will have custody of the children while the PFA is in effect. The Judge may provide for visitation or periods of partial custody for the other parent. Additionally, the Judge may grant possession of the residence or household to the victim/survivor and evict the abuser if the residence or household is jointly owned or leased by the parties or is owned or leased solely by the victim/survivor.

    If a final PFA is granted, the abuser is not allowed to possess any weapons for the duration of the order. The PFA Order will order the abuser to relinquish any weapons to the Sheriff's Office or to a third party if that person obtains a safekeeping permit from the Sheriff's Office.

    The Judge has the ability to order the abuser to pay temporary support to the victim/survivor if the abuser has a duty of support. However, the victim/survivor must initiate a support action within two weeks from the date the PFA Order is issued.

    The Judge also may order the abuser to pay the victim/survivor for reasonable losses suffered as a result of the abuse. These losses include medical, dental, relocation and moving expenses, counseling; loss of earnings or support; costs of repair or replacement of real or personal property damaged, destroyed or taken by the defendant or at the direction of the defendant; and other out-of-pocket losses for injuries sustained.

  5. What should the victim/survivor do if that person thinks s/he needs a PFA?

    6. If the victim/survivor needs immediate emergency assistance, s/he should go to the police. If it is not an emergency, s/he should go to the local Court to file a petition asking for a PFA.

  6. What is the process for getting a PFA?

    7. The procedures for obtaining a PFA may differ from County to County. In general, the victim/survivor should go to the local Court to file a petition asking for a PFA. A Judge will decide based on the petition whether or not to issue a Temporary PFA Order that will protect the victim/survivor until a hearing is scheduled where the accused abuser has an opportunity to appear and defend against the claims made in the victim/survivor.s petition. The accused abuser must be provided with a copy of the victim/survivor.s petition and the Temporary PFA Order if one is issued. This is called service. These documents must notify the accused abuser of the date and time that a hearing will be held to determine whether the Judge will grant what is known as a Final PFA Order. The term 'Final' can be misleading. Pennsylvania law does not permit permanent or lifetime Protection From Abuse Orders. As stated above, the longest possible term for a Protection From Abuse Order is three years. If a hearing is held, the Judge decides how long the PFA will remain in effect, up to the three year maximum.

    It is possible to obtain a Final PFA without a hearing. If both the victim/survivor and the abuser can reach an agreement regarding the terms of the PFA, then a Final Consent Protection From Abuse Order maybe issued without a full hearing.

  7. What should the victim/survivor do if the abuser is violating the PFA Order?

    8. When a victim/survivor believes that the abuser is violating or violated a current PFA Order, whether it is a temporary or final order, s/he should report the violation(s) to the police and request emergency assistance. A person accused of violating a PFA Order will be arrested. Violating a Protection From Abuse Order is a crime, and a violator will be charged with indirect criminal contempt. If found guilty of violating the PFA Order, the Judge may fine the abuser up to one thousand dollars ($1000) and/or put the abuser in jail for a maximum of six months.

Laurel Legal Services, Inc., 306 S. Pennsylvania Avenue, Greensburg, PA 15601
Phone: 724-836-2211, Toll Free: 800-253-9558, Fax: 724-836-3680

Last updated on July 16, 2008