Introduction
If you have suddenly found yourself the target of a Protection From Abuse (PFA) order in Pennsylvania, you may be feeling shocked, confused, and unsure of what to do next. An unfriendly and uniformed member of the county sheriff’s office probably handed you paperwork, maybe seized your guns and maybe kicked you out of your own house! And there you are homeless. How did this happen?
It’s important to understand the process of filing a PFA and the proof required for it, as well as your rights as a defendant. The McShane Firm is here to help you navigate this difficult situation and provide the legal assistance you need to protect your rights.
What Proof is Required to File a PFA in Pennsylvania?
In Pennsylvania, a PFA is a civil order that offers protection to victims of abuse from family or household members. This is arguably a noble aspiration. No one should be subject to violence. But the problem is that in PFA process, especially in Pennsylvania is abused frequently to manipulate the outcome of divorce or custody issues. That’s the flat truth.
When a person files a PFA, they are required to provide an ex parte statement in writing. This means the statement is made without the presence or knowledge of the defendant (you). At this stage, there is no hearing, and you are not asked to respond or provide your side of the story. No cross-examination occurs at this point. Just one person’s say so. There doesn’t have to be even a mark on the person. In fact, no investigation is conducted by the court or court officers to corroborate the accusations. In fact, an alleged victim can claim that they suffered profound injuries such as broken bones, but no one from the court even seeks to verify that there are in fact broken bones. We have handled cases where the accuser claimed that there were hundreds of text messages of an explicit threatening nature, but later on it was discovered that the alleged victim, in fact, received no text messages from the defendant as verified by phone records. But the court and court officers don’t require the alleged victim to produce these threatening text messages at the time of applying for the PFA. It can be crazy.
In their written statement, the person filing the PFA (the plaintiff) needs to provide specific details and evidence to support their allegations of abuse. This can include:
- Verify that their relationship with the defendant so that they qualify for a PFA
- A detailed description of the abusive incidents, including dates, locations, and the actions taken by the defendant.
- Information about any injuries sustained by the plaintiff as a result of the alleged abuse, if any as threats can be a cause for issuance of a PFA.
- Any relevant evidence, such as photographs of injuries, threatening messages, or witness statements. This is rarely done. In fact, the e file system does not have a means for uploading images to the petition.
Temporary PFA and Final PFA Hearing
Once the plaintiff files their written statement, a judge will review it and decide whether to issue a temporary PFA. The review is not substantive meaning there is no investigation or testing of the allegations. In practical reality the judge only looks to determine if the relationship between the people provides for relief (however in one case we had a neighbor who had no sexual relation with another neighbor get a PFA somehow against the other neighbor which should have never happened) and whether or not the harm alleged meets the requirements. So it is very very minimal. If a temporary PFA is granted, it typically lasts for up to 10 days, during which time you are required to abide by its terms, such as staying away from the plaintiff and their residence. You cannot challenge it with your own written ex parte statement. You have to wait. You have to wait for the final PFA hearing.
After the temporary PFA is granted, a final PFA hearing will be scheduled, but this will typically take more than the statutory ten day time limit At this final hearing, both parties have the opportunity to present their evidence, testimony, and witnesses. You, as the defendant, will have the chance to provide your side of the story and challenge the allegations made against you. The judge will then decide whether to issue a final PFA, which can last up to three years and may include additional provisions, such as custody arrangements, eviction from the house (but still require you to pay the mortgage) or financial support.
How The McShane Firm Can Help
Facing a PFA can be an overwhelming and stressful experience, but you don’t have to face it alone. The McShane Firm is here to help you understand your rights and provide the legal assistance you need. Our experienced attorneys will:
- Explain the PFA process and your rights as a defendant.
- Help you gather evidence and prepare your defense for the final PFA hearing.
- Represent you in court, ensuring your side of the story is heard and your rights are protected.
- We will fight. No laying down.
Conclusion
If you’re the target of a PFA in Pennsylvania, it’s crucial to act quickly and secure knowledgeable legal representation to protect your rights. The McShane Firm is here to provide the guidance and support you need during this challenging time. Contact us today to discuss your case and learn how we can help you navigate the PFA process.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
