Permanent Injunction For Protection In Philadelphia
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Protection from Abuse Order Attempting to cause or causing bodily injury (physical injury), involuntary deviate sexual intercourse, , or spousal sexual assault. Being placed in reasonable fear of injury by a physical or verbal threat or menacing gesture.
You can get a PFA if someone in your family, an intimate partner, or someone you have children with: Injured you or is trying to injure you (physically or sexually). Is threatening to harm you. Is preventing you from going somewhere.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
After a hearing in which you both have an opportunity to tell your side of the story through your testimony, evidence, and witnesses, a judge can grant you a final protection from abuse order (PFA). A final PFA lasts up to three years and can be extended under certain circumstances.
PFA orders are not criminal arrests or convictions, although they can look and feel like, and in some ways have the effects of, a criminal action. Because PFA orders are civil in nature, they don't generally appear on a criminal record at all, even within the three years that the PFA order generally lasts.
A Protection From Intimidation order, or PFI, is a little different because a PFI protects a minor from someone who is 18 or older who is harassing or stalking them who they do not have an intimate relationship with.
There are two types of an injunction. There is a temporary and a permanent injunction. The temporary injunction can last no longer than 15 days without the consent of both parties. A permanent injunction can last forever unless the judge modifies that injunction at the request of either party.
Examples: Permanent injunctions are often issued in cases involving ongoing nuisances, such as a factory emitting harmful pollutants, or in cases of trademark infringement, where a company is permanently prohibited from using a trademark that belongs to another business.
The plaintiff must prove both the qualified domestic relationship and that an act of domestic violence occurred by a "preponderance of the evidence," which means that it is more likely than not or at least 51% more likely it's true than not true.
In Pennsylvania, a restraining order is known as a Protection from Abuse Order (PFA). The purpose of a PFA is to provide protection for victims of actual or threatened violence or abuse. Courts will issue both temporary and final orders, the latter of which can be issued for up to three years.
