Protection From Abuse: PFAs And Domestic Violence
The Pennsylvania Protection From Abuse Act is designed to stop domestic violence. The orders can have durations of up to three years. Behavior that qualifies under the act as abuse includes:
Attempting to cause or causing (with or without a deadly weapon):
- Bodily injury
- Rape
- Involuntary deviate sexual intercourse
- Sexual assault
- Aggravated indecent assault
- Indecent assault
- Incest
- Placing another in reasonable fear of immediate serious bodily injury
- False imprisonment
- Physical or sexual abuse of a child
- Stalking or harassment that causes fear of bodily injury
The act prohibits physical violence, which is why the requirement for immediate bodily injury exists.
Types of PFAs
- Emergency order-obtained on an emergency basis
- Temporary PFA-obtained after a judge reviews the evidence at a hearing without the defendant
- Permanent PFA-final hearing, allows defendant to provide evidence why the temporary order should not be made permanent
What Does a PFA do?
A PFA prohibits contact with the plaintiff of any kind: in person, by telephone, email, mail, text message, by third parties or any other method. If you live in the same house as the plaintiff, the sheriff will escort you from your residence.
While the granting of the PFA, typically by a county judge or magistrate, is a civil action, a violation becomes a criminal charge. It is important to note, because it is a court order, even the plaintiff cannot ask a PFA defendant to contact them, as that would be a violation of the terms of the order.
Speak with Your Lawyer Before You Speak to the Plaintiff
If you agree to meet or speak with the plaintiff, you will be in violation of the order and subject to an indirect criminal contempt charge. While a plaintiff can be prosecuted for a bad faith filing, if you are a defendant, and you violate the order, you go to jail.
In addition to forcing you, as the defendant, to leave your joint residence, it can affect your child custody and support, and your right to possess firearms.
Violations of a PFA are very serious; After a hearing on the contempt charge, the alleged assailant can be sentenced up to six months in prison and/or up to a $1,000 fine.
If you have been served with a PFA, you need to contact an experienced criminal defense attorney who can help you assess your situation and properly defend against the charge.
