Temporary Restraining Order Form For Child Custody In Pennsylvania
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FAQ
An emergency custody order may be granted in Pennsylvania if: A child was threatened or subjected to abuse or serious physical neglect. The custodial parent is threatening to relocate, or has relocated without Court permission.
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
Only a grandparent, aunt, uncle or adult sibling of the minor child(ren) is permitted to serve as a temporary guardian. The custodial parent may designate the family member as a temporary guardian by completing the Designation of Temporary Guardian form.
If a child's safety is threatened, parents should immediately inform the authorities. In some cases, California parents can also file for a restraining order on behalf of their children.
There may be specific forms you need to fill out, and a petition for interim custody will likely need to be filed with the family court in the appropriate county. In this petition, you must provide detailed information about the child, the involved parties, and your reasons for seeking temporary custody.
A party seeking temporary custody or special relief shall present a Special Relief Petition and a proposed Order of Court to the Family Motion Court Judge. Such requests shall normally only be decided following a hearing in Motion Court with all parties present.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
What is a Protection From Abuse (PFA) Order? In Pennsylvania, a PFA order from a court gives protective “relief” for a victim (and sometimes their children) for a period of up to three years (for final orders). A person can file for a PFA order from the court for themselves, or on behalf of their minor children.
A Protection From Intimidation Order (PFI) is for cases of harassment or stalking where the victim is under 18 and the abuser is over 18. Eligibility: Minors (under 18) who are being harassed or stalked by someone 18 or older. An adult (like a parent or guardian) must file the PFI for the minor.
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.
