If you are seeking a Protection from Abuse (PFA) order, Pennsylvania Law (§6102(a)) requires you to provide proof you are suffering physical or sexual abuse or receiving verbal threats, which places you or your minor children in reasonable fear of suffering imminent serious bodily injury. There are many ways you can prove your case. Due to the complex laws governing petitions for PFA orders, representation by a Philadelphia family law lawyer is essential.
In this article, the experienced family law attorneys at Schwartz, Fox & Saltzman provide an overview of the proof you can present to support your PFA request.
Types of Proof for a Protection from Abuse Order
People often need to consider the evidence they must present in court before petitioning for a PFA. A person must present sufficient evidence to satisfy the burden of proof necessary to obtain a protection from abuse order. While your own testimony may be adequate under Pennsylvania law, it is always better to gather and present all available evidence for your final PFA hearing.
Criminal Conviction of Domestic Violence
If your abuser has been convicted of a crime, this can be used as evidence in your PFA case. However, a criminal conviction in itself is not sufficient alone.
Physical Records of Bodily Injury
Any physical evidence you have of your injuries from the domestic violence, such as photographs of your injuries, torn clothing, your medical or hospital records or damaged property and Police Reports, can be used to support your case. Along with this, you can use copies of text messages and emails which contain threats communicated to you by your abuser. Physical evidence can be particularly powerful, so it is important to document any abuse or threats of domestic violence or sexual assault as soon as possible.
Medical Records
Medical records can also be used as evidence in a PFA case. Specifically, medical and physical records offer objective evidence documenting the domestic violence you suffered along with the bodily injury you suffered. This is why you should immediately seek medical attention and document any bodily injury you suffered.
Neutral Eyewitnesses
Eyewitnesses can also provide critical evidence for your PFA case. This is because independent eyewitnesses are often more difficult to challenge and more credible. Stated simply, they have less motive to be untruthful and are more likely to provide unbiased testimony regarding your abuser’s violent behavior or threats of domestic violence.
Objective Evidence
Any form of objective evidence which supports your allegations of threats or abuse is helpful for your PFA case. Specifically, evidence such as videos or 911 recordings can be particularly powerful, especially if you do not have any physical evidence of abuse. This type of evidence can accurately portray your abuser’s behavior.
Biased Evidence
Finally, biased evidence, or hearsay evidence, such as testimony by your friends and family members, can also be used to support your case. However, this type of evidence is generally considered less persuasive. You should pair biased evidence with objective evidence, such as medical records or photographs.
Standard of Proof for a PFA
People sometimes make the mistake of thinking a PFA order can be obtained on demand. As the person seeking protection, you have to file a petition in court, present evidence, and prove your case during your court hearing. Under Pennsylvania law (§6107(a)), the standard of proof for a PFA is the preponderance of the evidence, which means “more likely than not.”
What is a Qualifying Domestic Relationship for a PFA?
Not everyone is eligible for a PFA. Under Pennsylvania law (§6102(a)), this means “family or household members, sexual or intimate partners or persons who share biological parenthood”. To obtain a PFA order, you must be in a qualifying domestic relationship with your abuser.
Burden of Proof in Protection from Abuse Orders
To obtain a PFA order, it is not sufficient to allege domestic abuse. The burden of proof in a PFA case is on the person seeking the order. This means you carry the burden of proving physical abuse occurred or is likely to occur.
Preponderance of Evidence for a PFA
As mentioned earlier, the standard of proof for a PFA Order in Pennsylvania is the preponderance of the evidence, i.e., 51%. While this may seem like a relatively low standard, it can be difficult to satisfy without sufficient evidence. For example, if you testify your abuser struck you, and your abuser testifies they did nothing, a court may deny your petition as your testimony alone is insufficient to satisfy the burden of proof.
Talk with a Family Law Attorney About Your PFA
If you are considering seeking a PFA order, you should consult an experienced family law attorney. At Schwartz, Fox & Saltzman, our Philadelphia family law lawyers can use their 40 years of experience to help you build your case for your initial and final hearing. Contact us today for a free consultation.
Summary of Proof Needed for a PFA in Pennsylvania
To obtain a PFA order for domestic violence in Pennsylvania, you need to provide evidence which convinces a judge you were abused or face the threat of reasonable fear of suffering imminent serious bodily injury. This evidence can take many forms, including physical evidence, medical records, eyewitness testimony, videos, and photographs. You have a higher chance of meeting your burden of proof by presenting as much evidence as possible at your final Protection from Abuse hearing.