Manchester and Associates

Pennsylvania Criminal & DUI Defense

Domestic Assault

Posted: In Assault, Criminal Cases, Criminal Defense, Domestic Assault

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Protection From Abuse (PFA) Basics In Pennsylvania

An Invaluable Legal Protection That Is Itself Susceptible To Abuse.

Protection From Abuse (PFA)

A Protection From Abuse (PFA) order can be a great resource to those who are truly being abused.

Unfortunately, PFA orders are often filed maliciously to get back at an ex or cause issues during a custody dispute. 

As the defendant in a PFA, you will lose your right to possess and carry firearms. So if your job involves carrying firearms, it could be at risk. You can be thrown out of your house. Your ability to see your children can be limited. As a result of a PFA, a defendant could face disciplinary action in other areas of their life. College students could be thrown out of school. Licensed professionals could lose their license or, at the very least, their jobs. If you have a government security clearance you can lose that too. These are just a few of the consequences of having the PFA filed against you granted. If you’ve been falsely accused of abuse in a PFA, the allegations must be fought with the same vigor as criminal charges.

The petitioner in a PFA alleges that the defendant committed at least one act of abuse.

In Pennsylvania, an “act of abuse” is:

  • Physical or sexual assault, including attempted
  • Putting them in fear of imminent serious bodily harm
  • Imprisonment
  • Physical or sexual abuse of a minor
  • Harassment or stalking 

Not only will the PFA order defendant to stop all direct and indirect contact, it can also evict the defendant from a shared home, require relinquishing of firearms, and order just about anything else the judge believes is necessary. Although the PFA order is civil, violating that order could result in criminal contempt charges that carry up to 6 months in jail and a $1,000 fine. 

In a criminal case, guilt must be proven beyond a reasonable doubt—basically a 99% chance.

However, a civil case is proven by the preponderance of the evidence—basically a 51% chance. So, it’s harder for the defense to win a civil case than a criminal case. You only have the right to a hearing before a judge, not a jury. To give an example to illustrate the connection between criminal and civil cases, we can look to OJ Simpson. OJ Simpson won the criminal trial because the prosecution was unable to prove his guilt beyond a reasonable doubt. However, he lost the civil wrongful death trial filed by his ex-wife’s family. His family only needed to prove that OJ Simpson killed her by a preponderance of the evidence.

If there is a finding of abuse after a hearing, and the defendant is facing criminal charges, the fact a PFA was granted may be admissible in the criminal case. There are many variables to consider in defending a PFA and each case is unique. Always seek out an experienced law firm if you have been served a PFA. Contact Manchester and Associates to learn more about this.

Posted: In Domestic Assault

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Protection From Abuse (PFA) Orders in Pennsylvania

People facing criminal charges for assaults alleged to have been committed against family members, spouses, boyfriends, or girlfriends, often find themselves also facing Protection from Abuse petitions. These are often referred to as “PFAs”. They are civil restraining orders that have criminal penalties if violated.

The Protection from Abuse Act defines abuse as physical abuse; a threat that places you in immediate fear of physical injury; or a pattern of conduct such as stalking which places you in immediate fear of physical injury. A PFA can be filed against you by someone who is a family member, spouse, your boyfriend/girlfriend, the parent of your child, your child, your parent, or anyone related to you by blood or marriage.

A PFA being entered against you can cause you to suffer any, and sometimes all,  of the following:

  • Be removed from your home or place of residence.
  • Keep you from your place of work if the person filing it works there as well.
  • Lose your firearms and carry permits for up to three years.
  • Prohibit you from purchasing firearms for up to three years.
  • You will have to pay the costs of the PFA filed against you, and possibly the lawyer fees of the person who filed the petition.
  • Subject to immediate arrest if it is alleged you had any contact with the protected person who filed the PFA against you.
  • Your children could be taken away from you.

There are three types of PFA Orders that can be issued against someone. An Emergency Order can be issued by a Magisterial District Judge during non-business hours when the Court of Common Pleas is closed. An Emergency Order remains in effect until the next business day of the Court of Common Pleas.  An Ex-Parte Temporary Order can be issued by the Court of Common Pleas.  This Order is based solely on the information provided by the person seeking the order, without the accused abuser being present.  A Temporary Order remains in effect until the hearing before the Court of Common Pleas to determine if a Permanent PFA should be issued.  A Permanent PFA Order can last up to three years.  A Permanent PFA Order is only issued by the Court following a hearing which involves testimony by both parties, evidence, and witnesses.

The Pennsylvania State Police keep a registry of all Protection from Abuse orders and will enforce any valid PFA issued in any county. PFA’s are also enforceable in all fifty states.  Local police agencies will also enforce a valid PFA if there is an allegation that the PFA was violated in their jurisdiction.

Violations of a PFA are charged as Petitions for Indirect Criminal Contempt. If you are convicted, or plead guilty, to a violation of any type of PFA Order you will face prison sentences up to six months, supervised probation, and a fine of at least $300 and up to $1,000 for each violation.