This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
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.
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.
While a PFA order, whether temporary or final, is not a criminal conviction and so not in a criminal history database, PFA orders can lead to criminal contempt convictions that would appear in a criminal history background check.
PFA orders generally do, on the other hand, leave a discoverable court record, even though that record is a civil filing rather than a criminal history. And while the PFA itself wouldn't ordinarily last for anything more than three years, the civil filing would usually last in perpetuity.
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.
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.
There are three distinct types of orders in Pennsylvania: PFAs (Protection From Abuse Orders), SVPOs (Sexual Violence Protection Orders), and PFIs (Protection From Intimidation Orders).