I Got hit With a PFA What Do I Do Now

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Being issued a PFA can be scary and confusing. 

The most common type of PFA is a temporary order.  The problem is courts will issue a temporary order without you even knowing. You normally do not get an opportunity to tell your side of the story. They place the alleged “victim” under oath. The “victim” tells a one-sided story. The judge issues the temporary PFA order.

If that doesn’t sound fair to you, it is because it isn’t.

The final PFA order is a contested hearing where both sides have a chance to be heard. Each side presents their case and has a chance to cross-examine the other.

If a court grants a PFA final order, it could lead to you:

  • being evicted from your house,
  • losing your firearm rights, or
  • even being unable to see your children.

Steps to win your PFA hearing

  1. Strictly avoid all contact with the alleged victim. Lots of times PFA hearings are totally abused by folks in custody or property disputes. If someone files or attempts to file a PFA against you, they should not be around you no matter what. Do not contact them. Not even a text to pick up your stuff or to see how the kids are doing.  All concerns need to go through your attorney.
  2. Understand that a PFA is a criminal proceeding.  If you handle this incorrectly and violate your PFA, you will end up in jail. Therefore, you do not want your divorce attorney to handle your PFA case. Divorce attorneys are very good at handling your family law needs such as custody and dividing up property or debt. You need an attorney who is excellent and focused on keeping you out of prison.
  3. Prepare your evidence. Gather emails, texts, and witness accounts that give the proper context to what was said or what happened. Give everything to your attorney well beforehand, even the stuff that can be used against you.  The more time your attorney has to prepare your case the better.  
  4. Don’t try to  represent yourself. That’s exactly what the other side is counting on. The other side will cry and try to manipulate the court to make you look like the bad guy. If you represent yourself, the odds are against you.  You don’t know the law and you don’t know about court proceedings.  At The McShane Firm, we have done this hundreds of times.  That experience counts.
  5. Present yourself as the good guy.  Dress for success. If you show up in court looking like a bum, the court will treat you like one. Cover tattoos. Wear your Sunday best. Behave like a gentleman or a gentle-lady.

Recommended additional reading:

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This is our promise to you. Call today to get us on your side: (717) 657-3900.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.