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Abuse / PFA
A PFA is an Order signed by a judge that requires the Defendant to stop the abuse, stalking, or harassing behavior or face serious legal consequences. It offers protection to both male and female victims. In Pennsylvania, there are three different types of PFA's. The first is an emergency order, which is granted (usually by a magistrate) to the individual seeking immediate protection when the Courts are closed, such as after hours, a weekend or holiday. Emergency Orders are only granted if the judge/magistrate thinks you are in immediate danger and will only last until the next business day. The purpose of an emergency order is to give you protection until the court opens, so that you can request an ex parte temporary PFA. The lawyers of Notaro & Associates, P.C. are able to counsel clients on filing and obtaining a PFA. An ex parte temporary PFA is granted if the judge finds that you or a minor child in your custody are in danger of domestic abuse and need immediate protection. The decision is made only on the information provided by you and without the alleged abuser being present in court. The temporary order extends until the court hearing for the final PFA, where the individual accused of abuse will testify and present evidence. The hearing is usually scheduled within 10 business days following the ex parte temporary PFA. The final PFA is granted following the full court hearing where both sides have the opportunity to testify and present evidence and witnesses. A final PFA can last up to 3 years or longer under certain circumstances. There are many things a PFA can order. Some of provisions include ordering the individual not to abuse, harass, or stalk you or your relatives or minor children, removing the abuser from the home where you both live and granting you possession of the home, awarding temporary custody of minor children, ordering abuser to provide financial support of you or your minor children, prohibiting contact between the abuser and you or minor children, ordering the abuser to turn in any of his or her firearms or other weapons, and ordering the abuser to pay any reasonable expense resulting from the abuse. A judge will determine if any of these orders are appropriate given the facts of your case. The process of filing and obtaining a PFA can be complicated. The attorneys at Notaro & Associates, P.C. are experienced and able to guide clients through the difficult process. To learn more about the process of obtaining a PFA, defending against a PFA, or to schedule a FREE INITIAL CONSULTATION, please contact our office. Notaro & Associates, P.C. |
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