Temporary Injunction Form Without Possession In Philadelphia
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FAQ
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.
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.
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.
What Constitutes a Violation of a PFA Order? Any type of assault or domestic violence is a violation. But also threats, stalking, harassment, or placing the plaintiff in reasonable fear of violence can be a violation of a restraining order.
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.
A Protection From Abuse Order is an Order entered by the Court which tells the abuser to stop the abuse or face serious legal con- sequences.
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.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
