Temporary Injunction Form For Protection In Allegheny
Description
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FAQ
A Protection From Intimidation Order (PFI) is an Order entered by the Court which tells the adult offender to have no contact with his/her minor victim or face serious legal conse- quences. It offers a civil remedy to both fe- male and male victims.
Emergency Orders of Protection are intended to be only temporary by nature but can remain active during the pendency of the action. Dismissal generally requires the filing of a motion requesting dismissal and arguing the motion before the judge.
In general, a PFA violation can be anything that goes against the court's PFA order. If you receive an emergency, temporary, or final PFA order against you, then you should promptly read the full order and comply with its every term. Any step beyond the terms of a PFA order is the order's violation.
Only the court can cancel a final PFA in Pennsylvania, but a petitioner can be a major help. The petitioner is the only person who can request the court to cancel a PFA. If the petitioner requests the court to cancel a final PFA, then the judge will have a hearing to determine whether cancelation is appropriate.
The only way to get a PFA dropped is to provide conclusive evidence to the court that there is no validity to the charges, or get the person who obtained the PFA to voluntarily drop it.
The temporary PFA will last until the full court hearing for a final PFA where the plaintiff has the chance to testify and present evidence to the court. Usually, a hearing is scheduled within ten business days.
How do I withdraw my Final PFA Order? If you wish to withdraw your Final PFA Order, go to the Family Court Office between the hours of a.m.- p.m. and complete paperwork. Family Court staff will take you and your Petition before the Judge. The Judge will decide whether to approve your request or not.
(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...
Requests for mandatory injunctions are only granted if the facts are clearly favorable toward the moving party. When a court decides to issue a mandatory injunction, the injunction must be least oppressive while still protecting the plaintiff's rights.
Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.
