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 USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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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.