Protection From Abuse Orders (PFA)

In Pennsylvania, a PFA is a Protection From Abuse Order. It is a special restraining order that is issued by a Judge to prevent further abuse by one person against another. The term "abuse" is defined as the occurrence of one or more of the following...

bodily injury
rape
involuntary deviate sexual intercourse
sexual assault
aggravated indecent assault
indecent assault
incest
placing another person in reasonable fear of immediate serious bodily injury
false imprinsonment
physical abuse

Protection From Abuse Orders is a civil remedy rather than a criminal remedy. A PFA can be ordered against an abused or battered individual who suffered harm at the hands of his or her

Spouse or former spouse
Parent
Child or
Current or former sexual or intimate partner

If someone with a requisite relationship to the victim abuses the victim, the victim can then obtain a PFA against his or her abuser.

The order for protection can be far reaching and can include any or the following:

Order the other party not to abuse, threaten, stalk or harass
Evict or exclude the other party from the victim’s residence (even if the other party is the sole owner or only named lessee)
Prohibit the other party from contacting the victim (however, this does not prevent the victim from contacting the other party)
Provide temporary custody orders regarding the minor children of the relationship
Provide temporary child and/or spousal support (however, the victim must file a complaint for support with Domestic Relations within 2 weeks or the temporary support order will be deemed void)
Order the other party to relinquish his or her weapons and prohibiting him or her from acquiring or possessing any other weapons for the duration of the PFA
Direct the other party to reimburse the victim for any out of pocket costs and expenses which were incurred as a result of the abuse
Direct the other party to attend batterer’s counseling programs, obtain a substance abuse evaluation; undergo a mental health evaluation
Any other remedy which the Judge may deem appropriate to prevent future abuse

In Pennsylvania, the PFA can be in effect for up to 3 years. It can also be in effect for any time period less than 3 years either by order of the Judge or agreement of the parties.

There are serious ramifications for violating the terms of the PFA . While many PFAs are filed for the purposes envisioned by the Act, unfortunately, some individuals abuse the system and file a PFA for quick resolutions, even if temporary, of divorce, custody and/or support matters. Attorney Stephen Barcavage can work with you to challenge the allegations in a PFA that is filed for an improper purpose or work to negotiate a resolution between the parties.