Being served with a Protection From Abuse (PFA) order is a terrifying experience. The prospect of being separated from your family and having your reputation ruined can be even more frightening. Successfully defending yourself from a PFA order requires representation by an experienced Philadelphia family law attorney.
The family law lawyers at Schwartz, Fox & Saltzman, LLC have successfully represented clients in PFA matters in Pennsylvania for over 30 years and have prepared this article to offer guidance regarding potential defense strategies.
Filing For a PFA
The process of filing the legal paperwork for a Protection From Abuse (PFA) is relatively simple.
Pennsylvania law (§6102(a)) requires a person to be a qualifying domestic relationship to qualify for a PFA. Additionally, a person must be suffering from physical abuse or receiving threats, which places them in fear of suffering additional abuse or immediate bodily harm.
Proving the Need for a PFA
A person is not entitled to receive a PFA. Instead, Pennsylvania law (§6107(a)) requires them to prove they are suffering domestic abuse or threats of physical harm by a preponderance of the evidence, i.e., 51%. An alleged victim can meet this burden either with their own testimony or by presenting other evidence of domestic violence or other forms of abuse or threats of abuse, e.g., independent witness testimony, photos, etc.
Defending Against a PFA
If you have recently been served with a PFA order, it may be tempting to try to convince the other person to dismiss the petition and “work things out.” Attempting to contact the Petitioner would be a grave mistake, which could result in you being held in contempt and facing potential criminal charges (§6114). Instead, you should consult with a Philadelphia family law attorney to understand your options regarding potential defenses and to begin a strong defense.
Getting a PFA Dropped
Depending on the facts of your case, it may be possible to get a PFA petition dismissed at a final hearing rather than the initial ex-parte hearing. At the final PFA hearing, you have the right to cross-examine and challenge the petitioner’s evidence and present your own evidence and testimony. In short, you can get a PFA order dismissed by either showing that the petition lacks evidence or by disproving their claim.
PFA Defense FAQs
A PFA order can have real and immediate effects on a person’s life. They face the prospect of being separated from their family, losing the right to own firearms, and potentially losing their job. The dedicated Philadelphia family law lawyers at SFS work hard to keep their clients fully informed of their cases along with their legal fights.
Why Would a PFA Get Denied in PA?
There are two main reasons why a PFA petition would be denied. In short, a petitioner fails to satisfy the legal requirements necessary for a PFA, i.e., they are not in a qualifying domestic relationship, they are not suffering abuse, etc. Alternatively, a court could deny a petition on the merits due to a petitioner’s failure to prove their case or because their allegations were successfully disproven.
Can a PFA be modified?
Yes, a PFA can be modified. Under Pennsylvania law (§6108), either party can request a modification. Even if both sides agree to the modification, it is still subject to the court’s approval.
How Long is a PFA Good for in PA?
A temporary PFA order will remain in effect until the court holds a hearing for the final PFA petition. Under Pennsylvania law (§6108(d)), a Protection From Abuse Order can remain in effect for three years. The PFA order can be extended if the Petitioner
proves they have been the subject of abuse while the order was in effect.
Can a Plaintiff Drop a PFA?
A plaintiff can dismiss their PFA petition prior to the court granting the final order. However, it is more difficult to dismiss a final PFA order. In short, the plaintiff may have to obtain the court’s approval to dismiss a final order.
Talk with a Family Law Attorney
Successfully defending yourself from a PFA petition requires skilled legal representation. The Pennsylvania family law attorneys at Schwartz, Fox & Saltzman, LLC have the necessary knowledge and experience. Contact us today to schedule a consultation with an experienced family law attorney to discuss your case, understand your options, and receive personalized guidance tailored to your situation.