How To File A Restraining Order In Pa

Home should be a place where you feel prophylactic and comfortable. Unfortunately, for victims of domestic violence in Pennsylvania, this is not always the example. If you lot or someone y'all know is a victim of domestic abuse, the family constabulary attorneys at Thomas, Conrad & Conrad can aid you lot file a restraining lodge that helps protect your safety and well-existence.

What Is a Restraining Order?

Known as a Protection From Abuse order (PFA) in Pennsylvania, a restraining order is issued past the court. Information technology is designed to protect victims of domestic violence from all types of concrete and emotional abuse, such as concrete injury, threats of physical harm, and stalking.

What Types of Protection From Abuse Orders Are Available in PA?

There are iii kinds of emergency, temporary, and final restraining orders in Pennsylvania, including:

• A Protection From Abuse Club (PFA) protects yous if you are beingness physically injured, threatened, sexually abused, or followed by an intimate partner, someone yous are dating, or a family fellow member.
• A Protection From Sexual Violence Society (SVPO) can be filed if you're a victim of sexual violence or continued threat of sexual violence by a person with whom y'all do not have an intimate relationship. For example, this type of restraining lodge tin can be filed against a stranger, friend, co-worker, neighbor, or associate.
• A Protection From Intimidation Order (PFI) is specifically for minors who are being harassed, stalked, or threatened by an adult who does not accept an intimate or family human relationship with them.

Who Tin File for a Restraining Lodge in Pennsylvania?

You may file for a Protection From Abuse Order confronting an intimate partner or family member. This includes:

• A spouse or former spouse
• Same-sexual practice partner
• Parents or children
• Household members or persons related by blood or marriage

In Pennsylvania, you may not file for a Protection From Abuse Order confronting roommates, neighbors, co-workers, strangers, or classmates. However, an SVPO or PFI may be an option, depending on the circumstances. If you are an adult household member, parent, or guardian of a minor child who is being abused, yous may file for a PFA on their behalf.

Our knowledgeable family law attorneys have decades of experience handling restraining lodge cases in eastern Pennsylvania. We can evaluate your circumstances and determine which artery may best protect your rights and safe.

What Is Considered Abuse?

According to the Pennsylvania Protection from Corruption Act, abuse is defined as:

• Attempting to crusade bodily injury, either intentionally or recklessly
• Placing another person in fright of imminent serious bodily injury
• Faux imprisonment, such as barring someone from leaving the abode
• Sexual abuse, rape, or forced unwanted sex activity acts
• Concrete or sexual abuse of minor children
• Stalking that places a person in reasonable fear of bodily injury

What Types of Protections Does a Restraining Order Provide?

What'southward covered in an order of protection depends on the specific circumstances. An emergency, temporary or final PFA may:

• Order the defendant non to corruption, threaten, harass, or stalk you
• Lodge them to stay away from your home (fifty-fifty if it is jointly endemic or leased), piece of work, or school
• Prohibit them from having firearms
• Order the accused to pay for losses, such every bit medical bills or lost wages that resulted from abuse
• In some cases, honor you temporary custody of your childrenand grant temporary support for yourself and/or the children of the defendant
• Social club the defendant to attend a batterers' counseling plan

How Do I File for a Temporary PFA?

In near counties, you must go to the county courthouse to file a petition for a Protection From Abuse Society. If you demand an emergency PFA after business hours or on a weekend or holiday, these are usually filed with a Magisterial Commune Estimate.

On the petition form, you must describe the corruption you accept suffered and why you are seeking the PFA. You'll also specify which specific protections you are seeking. Our attorneys tin can aid you with filling out a petition form to ensure that the order of protection covers all relevant issues related to the abuse.

How Practice I File for a Final PFA?

Within x business days of filing for a temporary Protection From Abuse Order, a hearing will be held in front of a judge. Yous may have a lawyer correspond you in this hearing. The judge volition listen to arguments and evaluate the facts of the example. If the gauge finds that accusations of abuse are valid, they will issue a Concluding Order of Protection, which may last from ane month to upward to three years.

Why Should I Hire a Restraining Order Attorney?

The defendant is entitled to present their case besides, so your abuser may be in the courtroom. Having a skilled, compassionate PFA attorney by your side to provide much-needed support tin can make the process less traumatic. Information technology as well ensures you take a knowledgeable advocate in your corner.

What If I've Been Wrongly Accused of Domestic Violence in PA?

Charges of domestic violence are taken very seriously in Pennsylvania. Unfortunately, false accusations of domestic abuse are all likewise common. The best style to protect your rights is to contact an experienced attorney right away. Practice not contact the person who filed for the society of protection in any fashion. This includes in-person, via phone, text, email, any other written communications, or through a third political party. If your accuser contacts y'all, make sure to keep all documentation.

Contact a Lehigh Valley PFA Lawyer

Whether you're a victim who wants to file for a restraining order or you need to fight false accusations of abuse, our family unit police attorneys at Thomas, Conrad & Conrad are here to help you get through challenging times. Contact u.s. online or call u.s.a. at 610-867-2900 to schedule a consultation. Our experienced, caring squad serves clients throughout the Lehigh Valley and Poconos Mountains region.

If you lot or someone you know needs help, telephone call the National Domestic Violence Hotline 24 hours a day at one-800-799-7233 or one-800-787-3224 (TTY).

Source: https://www.conradattorneys.com/faqs/restraining-order-faqs/

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