Temporary Restraining Order Sample With No Experience In Allegheny
Description
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FAQ
Q: How long can a PFA Order last? A: A PFA Order can last up to three years. The length of the PFA is determined by the Judge who presides over the Protection From Abuse action. If there has been a violation of the PFA Order by the defendant, the PFA Order can be extended for an additional three years.
You must appear at the final PFA hearing because it is the most likely place to get the PFA order dismissed. While you aren't required to have an attorney, your best chance of success will be with a skilled Pennsylvania litigator experienced in defending against PFA orders and criminal domestic violence actions.
If you are granted an emergency PFA, your order will expire the next business day. If you want continuing protection, you must go to the courthouse the next business day. A final hearing will be scheduled within ten (10) business days after the Petition is filed and any Temporary Order is issued.
Q: How long can a PFA Order last? A: A PFA Order can last up to three years. The length of the PFA is determined by the Judge who presides over the Protection From Abuse action. If there has been a violation of the PFA Order by the defendant, the PFA Order can be extended for an additional three years.
Penalty for Filing a False PFA in PA Perjury (up to 7 years in prison) False swearing (up to 2 years in jail) Unsworn falsification (up to 2 years in jail)
WHAT HAPPENS AT THE PFA COURT HEARING? You will be asked to testify in court about the abuse and harassment you have experienced. The abuser will also be allowed to be present and testify in the hearing. If you have an emergency PFA, it expires the day of your hearing.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
