Civil Protection Orders In Pennsylvania

There are 3 Types of Civil Protection Orders in Pennsylvania.

1. Protection From Abuse Order (PFA)
2. Sexual Violence Protection Order (SVPO)
3. Protection From Intimidation (PFI)

The most common is the Protection From Abuse Order (PFA).

If you or your minor child has been abused by a family or household member there is a legal way to keep the abuser away. You can petition the court for a PFA for yourself and/or your minor child.

In order to qualify to file for a PFA, the abuser must be either a current or former intimate partner; blood relative; or a marriage relative. In addition, the conduct by the abuser must fall into one or more of the following categories:

A PFA is an order issued by a Judge in your county. A PFA can grant you immediate relief from abuse by a family or household member.

Under the PFA Act, by law the court can:

PFA Orders come in three types: Emergency, Temporary, and Final.

Emergency PFA provides PFA protection after regular court hours and is valid until the end of the next court business day. Emergency PFAs can be obtained at Night Court and Local Magistrate’s Courts.

A Temporary PFA provides PFA protection for up to 10 days, or until a final PFA hearing is held. In Allegheny County, Temporary PFAs can be obtained only at the Allegheny County Court of Common Pleas, Family Division. The Family Division PFA Intake Office is open Monday through Friday 8:00 am – 3:00 pm. It is important to arrive early: PFA intake hours are between 8:00 am and 11:00 am. If a victim arrives after 11:00 am, they will be directed to Night Court to file an Emergency PFA and will need to return the next day.

In other counties, call or go to your Court Administration Office or the District Attorney’s Office for more information on how to obtain a PFA.

Once this Temporary Order is granted, 2-4 copies of the PFA will be provided to the victim (one for them to keep and others for children’s school/daycare, employers, landlords, etc.). The PFA office will fax copies to both the victim’s and the abuser’s respective police departments. The Temporary Order MUST be served on the alleged abuser or it will not be valid. Local law enforcement can assist you with serving the PFA. Your attorney can and should help you with the PFA process.
After the Temporary PFA is served, a hearing on the Final PFA will be set. A Final PFA can provide PFA protection for up to 36 months. Final PFAs are granted only after a Judge hears the case. These hearings are scheduled within 10 days of the temporary hearing and take place at the Family Division, PFA Court which is on the 3rd floor in the Allegheny County Family Division Courthouse. Other counties will hold the hearings in the courtrooms designated on the Final PFA hearing paperwork.

The alleged abuser has a right to appear at the final PFA hearing, be represented by counsel, and contest the petition. We often see PFAs used as a weapon against the other parent in family court disputes, so we defend those accused of abuse in Protection from Abuse cases as well as helping clients who are abuse victims.

If you are an accused abuser, do NOT go to a Final Protection From Abuse hearing on your own. It is strongly advised that you have legal representation. An experienced PFA attorney will be able to help you navigate this situation effectively. PFAs can have devastating consequences on child custody, so you should take it very seriously if someone files a PFA against you.

If you cannot attend your scheduled hearing (for good reason), you must notify your attorney immediately so that the hearing can be rescheduled. If you do not show at the final hearing, the case is dismissed.

Courts have the discretion to order the relinquishment of all firearms by someone subject to a PFA and they may also consider risks to children and Plaintiff when deciding custody in a PFA. Children may be protected under a PFA if the Court warrants it necessary.

While a PFA is filed when the perpetrator is a current or past sexual partner, family member or spouse, there is no familial or intimate relationship requirement for a Sexual Violence Protection Order. An SVPO is appropriate when there has been an attempted or completed sexual assault of the victim, by any person. There must be an ongoing threat to the victim. A SVPO is usually seen where the perpetrator has been released from jail following criminal charges (this is a Civil order, which is separate from any bond conditions and can outlast no-contact bond conditions) or the perpetrator has engaged in stalking or harassing behavior.

This type of order protects minors against adult offenders. A guardian must file on behalf of the minor No familial relationship is required. This could be against any adult (coach, teacher, neighbor, etc.) This does not require a sexual component. There must be intimidation of the minor victim and stalking or harassing behavior.

If you need to file for any protective order, you should consult with an attorney. Failure to properly file your Complaint can result in not getting the protection you and your children need. There are certain legal requirements the judge must follow in granting the protective order, and if you fail to set them out properly for the judge, you may lose your much needed protection.

If you have been accused of abuse and had any of these orders filed against you, you MUST take this seriously, as failure to do so can have disastrous consequences. People can and do lose custody of their children when a PFA is granted. This can be on your record, preventing you from getting a job or abusing clearances. Hire an experienced attorney and do not try to fight this on your own.

For more information or to book a discovery session with our award-winning legal counsel in Pittsburgh or Ebensburg, call us at (412) 444-7171 or fill out our form to get in touch.