Going through a Protection From Abuse order (PFA) hearing can be a challenging and painful experience. However, with the right strategies and preparation, you can increase your chances of success. Additionally, representation by an experienced Philadelphia family law attorney can also tip the scales in your favor.
In this article, the dedicated family law lawyers at Schwartz, Fox & Saltzman, LLC, provide several tips that can empower you to navigate your PFA hearing effectively and secure your desired outcome.
Factors to Help Your PFA Case
The facts of each case are unique. Additionally, while Judges are impartial, they each have their temperament and inherent interpretation of the law and how to apply it. Accordingly, multiple evidentiary factors may improve your PFA case.
Gather All Evidence
Under Pennsylvania law, your testimony may be sufficient to win your PFA hearing. However, by collecting and gathering additional evidence, you can increase the strength of your case. As such, it is essential to meticulously identify and gather all relevant information that could be used to support your claim. We can assist our clients in identifying the best evidence and documents to assist you in making your case in court.
Messages
Sadly, some people who testify in court under oath slant their testimony or outright lie. It becomes more difficult to lie when they are confronted with their written messages, such as chat logs, emails, and text messages. These digital records can be powerful tools in proving your PFA case, so you should take all necessary steps to ensure their preservation.
Medical Records
A common defense asserted in court is no physical abuse occurred. If you suffered injuries due to physical abuse and received medical treatment, you should immediately obtain copies of your medical records. These documents can substantiate your claims and illustrate the extent of your injuries. Also, photographs of bruises, cuts or other injuries can be very helpful. Pictures speak a thousand words.
Criminal Conviction
You should obtain copies of your abuser’s criminal convictions. Specifically, you should obtain copies of any prior convictions for domestic violence. These records may be used as evidence in court and establish a behavior pattern that strengthens your case.
Get Witness Testimonials
Witnesses who can corroborate the abuse you have endured can be invaluable in court. Encourage friends, family members, or anyone who has witnessed the abuse to appear in court and testify on your behalf. Their unbiased accounts can bolster your credibility and strengthen your case against your abuser.
Talk with an Attorney
Surprisingly for some, proving abuse can be technically challenging. There are only 5 different types of conduct that constitute abuse under the PFA statute. Consulting with an experienced family law attorney is crucial in navigating the complexities of a PFA hearing. An attorney can provide legal guidance, help you build a compelling case, and represent your interests effectively in court. Additionally, a family law lawyer can help you overcome possible defenses your abuser may raise during the PFA hearing. Similarly, defending an abuse Petition is a technical matter too. Since there are only 5 different types of conduct that constitute abuse, much of what the accuser has alleged may be bothersome or annoying, but it may not qualify as abuse under the statute. Having an experienced family lawyer represent you can be crucial.
The Burden of Proof in PFA Hearings
Understanding the burden of proof is essential when preparing for your PFA hearing. As the person seeking the PFA order, you, as the Plaintiff, carry the burden of proving your case. Under Pennsylvania law (§6107(a)), you must prove your case by a preponderance of the evidence, i.e., 51%.
Getting Temporary or Emergency PFA Orders
To obtain an Emergency PFA, Pennsylvania law (§6110(a))requires you to convince a magisterial district court Judge, or a Family Court Judge, during an ex-parte hearing, i.e., a hearing without your abuser being present, that you or your children face the immediate and present danger or abuse. A Temporary PFA order is only effective for a very short period of time, after which you must appear before a Judge and seek a Temporary PFA. As with obtaining an Emergency PFA, you must convince a Judge during an ex-parte hearing of an immediate threat of abuse.
What Happens in a Final PFA Hearing in Pennsylvania?
A final PFA hearing is similar to a trial. As the Plaintiff, you present your case first, followed by the Defendant, i.e., your abuser. After you each present your cases, the Judge will decide your PFA petition and issue a final PFA order.
Appealing a PFA Order to a Higher Court
If you lose your PFA hearing, you have 30 days to note an appeal to the Superior Court. Appealing an adverse PFA decision does not mean you receive a do-over in the Superior Court. Instead, you must successfully argue that the lower court Judge made a legal error or committed a severe abuse discretion.
Contact an Experienced Family Law Attorney
When facing a PFA hearing, it is essential to have a skilled family law attorney by your side. The attorneys at Schwartz, Fox & Saltzman, LLC, have been litigating PFA matters for over 40 years and can guide you through the legal intricacies, help you gather evidence, and advocate for your rights in court. Contact us today to speak with an experienced attorney who can support you in litigating your PFA hearing.