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Pennsylvania Petition for Protection from Abuse in the Court of Common Pleas

State:
Pennsylvania
Control #:
PA-SKU-3091
Format:
PDF
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Petition for Protection from Abuse in the Court of Common Pleas

The Pennsylvania Petition for Protection from Abuse in the Court of Common Pleas is a legal document that can be used to request a protection order from a court of law. The petition is used by victims of domestic violence to seek protection from an abuser. It is available through the court system in all 67 counties in Pennsylvania. It is also possible to obtain a protection order by filing a petition in a different court or through a private attorney. There are two types of Pennsylvania Petition for Protection from Abuse in the Court of Common Pleas: an Ex Parte Petition and a Final Protection from Abuse Order. An Ex Parte Petition is a temporary protection order issued without the abuser present and is valid for up to 10 days. The Final Protection from Abuse Order is a more permanent order that is issued after a hearing with the abuser present. This type of protection order is valid for up to three years. Both types of petitions can include provisions to protect the victim from physical and emotional abuse, as well as orders for the abuser to stay away from the victim and their children.

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FAQ

You will not be required to pay any fees when you file a petition for a protection from abuse order. If you are granted a PFA, the judge may require the defendant to pay all the fees of filing and service as well as an additional $100, which goes towards enforcement of domestic violence laws.

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.

First, the accuser will file an emergency or temporary PFA order against you, after which a hearing will be scheduled in less than 10 days. At this hearing, you may defend yourself against the order and bring evidence and witnesses. This ?final hearing? is your opportunity to contest your PFA.

An individual who is 18 years of age or more, or teens and children who are accompanied by a parent, an adult household member, or a guardian ad litem, can go to court and ask for a PFAOpens In A New Window. A PFA can make it illegal for the abuser to contact you or your children.

The police or anyone 18 and over can serve the PFA petitions and orders. The server must sign your affidavit of service so that you can bring it to the final hearing to prove the abuser was served.

The victim does not have to pay any fees to the court for anything related to the filing, serving, or enforcing of a PFA. Once the case is over, the judge will decide whether the abuser or the county has to pay the expenses.

PFA Orders are free for the person seeking protection. In most cases, the defendant will have to pay for all or part of the PFA process. Otherwise, the county must pay.

Standard of Proof at the PFA Hearing To grant a final PFA, the plaintiff must prove, and the judge must find, the following by a preponderance of the evidence: The parties have a qualifying domestic relationship and. An act of domestic violence occurred.

More info

Everyone deserves relationships free from domestic violence. The Protection from Abuse Act is a state law which gives a court the power to issue a civil (non-criminal) order to protect certain people.Frequently Asked Questions (FAQ) for the Protection from Abuse Office of the Lehigh County Court of Common Pleas. A Protection from Abuse Order ( PFA ) is a restraining order. The judge may also sign a show cause order, requiring a hearing on the petition and affidavit submitted. There is no cost to file a Petition to Extend. 4. File the original and two copies of the Packet at: Philadelphia Family Court. Discard all previous versions of this form. An emergency Protection from Abuse Order may be sought from any Magisterial District Judge between p.m. Petition filed electronically under FL § 4-505.1.

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Pennsylvania Petition for Protection from Abuse in the Court of Common Pleas