Pennsylvania USLegal Guide on Restraining Orders and No Contact Orders

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US-GDE-09
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This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

Pennsylvania Legal Guide on Restraining Orders and No Contact Orders provides comprehensive information and resources for individuals seeking legal protection against harassment, abuse, or unwanted contact. Whether you are a victim of domestic violence, stalking, or any other form of harassment, this guide will help you understand the process of obtaining restraining orders and no contact orders in the state of Pennsylvania. Restraining orders, also known as protection orders, are legal orders issued by the court to protect individuals from physical, verbal, or emotional harm inflicted by another person. These orders prohibit the respondent from contacting or coming near the victim and may also include other restrictions, such as ordering the respondent to stay away from the victim's home, workplace, or children's school. In Pennsylvania, there are different types of restraining orders available to victims, including: 1. Temporary Restraining Order (TO): A TO is a short-term order issued for immediate protection while the court reviews the case. It typically lasts for a short period, such as 10 to 14 days, and grants the victim temporary relief until a more permanent order can be issued. 2. Final Protection From Abuse (PFA) Order: A PFA order offers long-term protection for victims. It can be granted after a hearing where both the victim and the alleged abuser present their cases. A PFA order may include provisions related to child custody, visitation rights, and financial support. 3. No Contact Order: While similar to a restraining order, a no contact order is typically issued as part of a criminal case. It is meant to prevent the accused individual from contacting the victim while the case is pending. Violation of a no contact order can lead to criminal charges and potential penalties. Pennsylvania Legal Guide on Restraining Orders and No Contact Orders educates readers on the process of obtaining these orders. It outlines the necessary steps, including how to file an application for a restraining order, what evidence may be required, and where to file the application. The guide also provides information on the legal protections offered by these orders and the consequences associated with violating them. It is important to note that while this guide provides general information, legal advice from an attorney is recommended for specific situations. Pennsylvania Legal Guide on Restraining Orders and No Contact Orders aims to empower individuals with knowledge and resources to seek legal protection and ensure their safety and well-being.

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FAQ

A: A PFA order is entered against the Defendant, and not against the Plaintiff. So in most PFA situations, there is no violation if the Plaintiff contacts the defendant- unless the defendant responds.

Even if the allegations in a PFA are false, you could still face serious consequences for violating the PFA. If the person who requested the PFA against you calls the police for breaking the conditions, you can be arrested and subject to a contempt hearing.

Under the Pennsylvania Protection from Abuse Act's Section 6107(a), the plaintiff ?must prove the allegation of abuse by a preponderance of the evidence.? The preponderance of the evidencestandard is the same standard the courts use for most civil claims like breach of contract or negligence.

Penalty for Filing a False PFA in PA Depending on the evidence and circumstances of the case, the police could charge a Plaintiff who knowingly filed a false Protection from Abuse Petition with the following: Perjury (up to 7 years in prison) False swearing (up to 2 years in jail)

Protection orders can tell the abuser to: Stop abuse, threats, harassment or stalking. Leave your house and not enter your home, school, business or place of employment. No longer contact you ? no texting, calling, emailing or social media.

If you cannot find a lawyer before your hearing, you have the right to ask the court for what is known as a ?continuance.? This will grant you a later court date so that you can have more time for a lawyer. The judge should extend your emergency or temporary order until this new court date.

Pennsylvania state and local police use lookups in that database to enforce PFA orders. PFA orders are also civil court records that employers, schools, creditors, and others may be able to readily access. It's not hard for the public to find out about a PFA order, even an old one that has long ago expired.

Consequences for violating a PFA order could include any of the following: First-degree misdemeanor charges for Indirect Criminal Contempt. A fine of not less than $300 nor more than $1,000 and imprisonment up to six months.

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Nov 4, 2022 — You will need to fill out the necessary forms including a protection from abuse (PFA) petition. On the petition, you will be the plaintiff ... Step 1: Fill out paperwork at your local courthouse.Oct 5, 2021 — In Philadelphia, you can file a petition for a PFA by going to Family Court (1501 Arch St.) during normal business hours of 8 a.m. to 5 p.m. on ... This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, ... A PFA can make it illegal for the abuser to contact you or your children. You may also be able to get assistance with filing a PFA, counseling, legal, medical, ... Find out about the types of restraining orders in Pennsylvania and how a family law attorney can help. To learn more, contact Thomas, Conrad & Conrad. May 23, 2023 — The process for filing can vary from county to county. Typically, you will complete a petition form with your personal information, details ... What You Need to Do to Get Protection in Pennsylvania · Step 1: Visit your county courthouse · Step 2: Fill out the petition · Step 3: File with the court · Step 4: ... "If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse ... The victim (“plaintiff”/”petitioner”) goes to the county courthouse to fill out a form (“petition”). The forms asks victims to explain why they are seeking ...

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Pennsylvania USLegal Guide on Restraining Orders and No Contact Orders