In Pennsylvania, victims of domestic violence can file a Petition for Protection from Abuse requesting that a Court enter a Protection from Abuse Order (PFA) against the other party (the Defendant). A final PFA can be entered against the Defendant for a period of time up to three years and can be extended by a Court if certain requirements are met. The PFA may include a number of terms such as requiring the Defendant to stay away from the victim, evicting the Defendant from the parties’ home, requiring the Defendant to turn over any firearms to the police, and temporary child custody or support for the victim. Protection from Abuse Petitions can be filed twenty-four hours per day.
According to Pennsylvania law, abuse is defined as follows: the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:
- Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault, or incest with or without a deadly weapon.
- Placing another in reasonable fear of imminent serious bodily injury.
- The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment).
- Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).
- Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).
If you are a victim of domestic violence and need guidance regarding how to navigate your situation whether that includes obtaining a PFA or not, or you are someone in need of representation to defend against a PFA issued against you, contact our office to schedule a consultation.