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You do not need a lawyer  or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

Protection from Abuse Order- Pennsylvania

A quick overview of the legal system in PA

The Pennsylvania legal system is divided into two areas: civil law and criminal law.

One of the most confusing things about the legal system is the difference between civil cases and criminal cases. In domestic violence situations, there may be both civil and criminal cases occurring at the same time as a result of the same violent act. The major differences have to do with who takes the case to court and the reason for the case.

• Under civil law, one person sues another for a private wrong. In a civil domestic violence action, you are asking the court to resolve the conflict between you and your abuser. You are not asking the court to punish that person for committing a crime. The Protection from Abuse Orders we talk about on this page are under the civil law system.
• The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, and theft. A criminal complaint involves charging your abuser with a crime. A prosecutor, who works for the state, brings criminal cases before the court.

What is the legal definition in Pennsylvania of domestic violence?

Pennsylvania's Protection From Abuse Act defines abuse as the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:

1. Attempting to cause or intentionally, knowingly or recklessly causing (with or without a weapon):
   • bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault,
   • indecent assault or incest
2. Placing another in reasonable fear of imminent serious bodily injury. In other words, threats of physical violence.
3. False imprisonment.
4. Physically or sexually abusing minor children.
5. Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. In other words, stalking or harassment that makes you afraid of bodily injury.

What is a Protection from Abuse Order (PFA)?

A Protection from Abuse Order is a paper that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences.  It offers civil legal protection from domestic violence to both women and men victims.

Who can get a Protection From Abuse Order (PFA)?

Any adult (person 18 or over) or emancipated minor can seek legal protection from acts of domestic abuse done to you or your minor child by a family or household member, which includes:

• Your husband or ex-husband.
• Your wife or ex-wife.
• A person who lives or lived with you ("as a spouse, parent, or child").
• Your brother or sister.
• Your parent or child.
• A family member related by blood or marriage.
• A current or former sexual or intimate partner.
• The other parent of your child.
• Other persons related to you by blood or marriage.

What types of Protection from Abuse Orders are there? How long do they last?

In PA, there are a few different types of Protection from Abuse orders. What type of PFA you will may initially get depends on when you need protection.

If you need immediate protection when the courts are closed (such as a weekend, late night or holiday), call your local police department to see which magisterial district judge is on-call.  S/he may be able to grant you an emergency order. An emergency order will only last until the next business day. An emergency order is designed to give you protection until a court opens and you have a chance to ask for an ex parte temporary PFA . If you do not go to court on the next business day to apply for a temporary PFA, your emergency order will expire.

When you ask the court for a PFA, a judge will give you an ex parte temporary PFA if s/he finds that you are in danger of further domestic abuse and need immediate protection. "Ex parte" means that the judge will make this decision based only on the information you provide, without your abuser being in court. This temporary order will only last until your full court hearing when your abuser has an opportunity to tell his side. A hearing is usually scheduled within 10 business days.

After a hearing in which you both have an opportunity to tell you side of the story, a judge can grant you a final Protection from Abuse Order (PFA). A final PFA lasts up to 3 years and, under certain circumstances, can be extended.

How can a Protection From Abuser Order protect me?

A Protection from Abuse Order can do more than protect you and your children. It may:

• order your abuser not to abuse, harass, or stalk you, your relatives or your minor children;
• grant you possession of your home or order the abuser to provide suitable alternate housing, whether or not you own or lease your home together or separately;
• award temporary custody or temporary visitation rights of your minor children;
• order the abuser to pay financial support (including medical bills, health insurance, rent or mortgage payments) to you or your children;
• prohibit the abuser from having any contact with you or minor children, including staying away from your or your child's place of employment or business or school;
• order your abuser to turn any of his firearms, other firearms, other weapons or ammunitions or ammunition to the sheriff or police, if he used them or threatened to use them during the abuse;
• order your abuser to pay you for losses resulting from the abuse (this may include medical, dental, relocation, attorney and counseling costs, as well as loss of earnings or support).
• grant any other appropriate relief you request.

Whether a judge orders any or all of the above depends on the facts of your case.

How much does it cost?

You will not be required to pay any fees when you file a petition for a Protection from Abuse Order (PFA). If you are granted a PFA, the judge may require the defendant to pay all the fees of filing and service. The court will also charge the defendant an additional $100. 4

If you are not granted a PFA, the judge may require you to pay the fees, unless you can show that you are not able to pay them.

Do I need a lawyer?

No, you do not need a lawyer to file for a Protection from Abuse order, but it is always better to have one if you can. If your abuser has an attorney, you should try to get one also.

In many places, local domestic violence or sexual assault programs can help you file for a PFA. The prothonotary, or courthouse official in charge of records, may also be able to give you some forms and information. Please keep in mind that courthouse officials and domestic violence advocates who are not lawyers cannot give you legal advice or represent you in court. You will find a list of organizations that might be able to help you at the PA Links & Resources page. You will find contact information for prothonotaries at the PA Courthouse Locations & Info page.

What are the steps for obtaining a Protection from Abuse Order?

Step 1- Obtain the Petition. You can file your petition, or formal request, for a Protection from Abuse Order with the Court of Common Pleas at your county courthouse. (To find the courthouse in your county, go to PA Courthouse Locations & Info.)

At the courthouse, the prothonotary will provide you with the forms that you need to file. The prothonotary may assist you with filing the papers but will not be able to give you legal advice. You will also find links to online forms at our Download Court Forms page.

Also, you can get help through one of the domestic violence organizations listed on our PA Links & Resources page.

Remember to bring some form of identification (a driver's license or a picture I.D.).

If you need to file for an order immediately and the county courthouse is closed, call your local police or sheriff department to see which magisterial district judge is on-call.  S/he may be able to grant you an emergency order that will last until the next business day when you must go to the prothonotary to file for a Protection from Abuse Order.

Step 2 – Fill out the forms. You will need to fill out the forms, which may include:

• Protection from Abuse (PFA) petition
• Request for Court hearing form
• Sheriff’s service form

On the petition, you will be the “plaintiff” and the abuser will be the “defendant.”

Read the Protection From Abuse petition carefully and ask questions if you don’t understand something. Describe in detail how the abuser (defendant) injured or threatened you. Explain when and where the abuse or threats occurred. Write briefly about the most recent incident of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation. Be specific. Include details and dates, if possible.

Do not sign the form until you have shown it to a prothonotary. You might need to sign the form in front of a notary or a judge at the courthouse.

Step 3– Filing Fees. There are costs that must be eventually paid when you file a PFA petition with the court, and to have the Sheriff serve a copy of the papers on the Defendant.  You will not have to pay any of the costs when you file for a PFA, and you may request that the costs be waived.  However, if the judge gives you a final PFA, your abuser will usually have to pay these costs.

Step 4– A judge will review your petition. Your petition will be given to the judge.  If the judge believes that abuse has occurred and that you are in immediate danger, s/he will sign a Temporary Order.  This order will stay in effect until the full hearing is heard (within ten business days).  Your Temporary Order will be filed and then copies will be given to you.   You will need to give a copy of the Petition and the Order to the Sheriff.  You will also have to complete the Sheriff’s service form.  The service form gives the Sheriff the information necessary to notify the defendant of the court hearing. 

In some counties, someone other than the Sheriff may serve the defendant. The prothonotary will be able to tell you this.

If the judge gives you one, keep a copy of the Temporary Order with you at all times.

Step 5 - The Hearing
Whether a judge grants you a Temporary Order or not, you will be given a court date for a “hearing” of your petition within ten business days.  This hearing will be in front of a judge, who will decide whether or not to give you a final PFA.

It is very important that you attend the court hearing. If you do not go to the hearing, your Temporary Order will expire and you will have to start the process over.  If you find out you absolutely cannot attend, contact the prothonotary immediately and ask how you can get a "continuance" for a later court date.

If your abuser does not attend the hearing, the court may issue a "default judgment" and you may receive a final Protection from Abuse Order against him in his absence. The judge also may decide to pick a new hearing date to give the abuser another chance to come to court. If this happens, be sure to ask the Judge to extend your Temporary Order, if you have one.

At the hearing, you will be asked to testify in court about the abuse and harassment you have experienced. The abuser will also be allowed to be present evidence and testify in the hearing.

What will I have to prove at the Protection from Abuse Order hearing?

As the plaintiff requesting a PFA, you must prove that the defendant has committed acts of domestic abuse (as defined by the law) against you or your children. You must also convince the judge that you need protection and the specific things you asked for in the Petition.

What should I do before the hearing to prepare my case?

First, you should prepare yourself for seeing your abuser in the courtroom. In addition, there are several steps you should take to fully prepare yourself for your hearing.

Contact witnesses who saw the abuse or your injuries.
Anyone can be a witness, including:

• a friend
• a family member
• children
• an emergency room nurse
• a doctor
• a stranger who saw or heard the abuse take place
• a law enforcement officer

Some witnesses may not come to court unless they are given a subpoena, a document that commands them to appear and testify. Ask the prothonotary about the subpoena process.

If your children witnessed the abuse, you should tell the judge that they were present. However, you should seriously consider not having the children testify in court to avoid putting them in the uncomfortable position of possibly testifying against their other parent.

The judge may choose not to hear from a witness because of the short amount of time given to each hearing.

Get evidence to help you prove your case. Evidence can include:

• your statements or a witness’s statements about the incident(s)
• medical reports
• police reports
• dated pictures of your injuries
• household objects torn or broken by your abuser
• pictures of your household in disarray after an episode of domestic violence
• weapons used
• tapes of calls you may have made to 911
• certified copies of the abuser’s criminal record
• anything else to help you convince the judge you have suffered acts of domestic violence and need certain relief and protection

The more evidence you have, the greater your chances of being granted a PFA. However, the judge will listen to your story even if you have no physical evidence or witnesses.

Practice telling your story. You may want to make an outline or notes of the history of violence between you and the defendant (your abuser). You may take notes to court with you to look at if you forget something, but if you read straight off of them, the judge may order that the defendant be allowed to see them.

Tell your story in your own words, but leave out details that have nothing to do with the violence or threats of violence. Also, rather than saying, "he or she hit me," tell the judge how you were hit, where on your body you were hit, and how many times. Be specific.

You may want to mention:

• The last two incidents of violence
• The worst two incidents of violence
• Whether the defendant has a gun or other firearms, other weapons or ammunitions
• Whether the defendant has threatened to physically hurt or kill you.

What should I do on the day of the hearing?

• Be on time.
• Have your witnesses there and ready.
• If you have subpoenaed witnesses and they are not present you should inform the judge.
• Dress neatly.
• Speak directly to the judge; he or she will understand if you feel nervous.
• Always address the judge as “Your Honor.”
• Be prepared to spend all day in court. (There may be hearings before yours.)
• If your abuser comes to court with a lawyer and you are not represented, ask the judge for a “continuance” so you can look for a lawyer. If you need a low-cost lawyer, click here:  PA Links & Resources.
• Once your case is called, enter the courtroom and find a seat. It is your right to take another seat if the abuser sits next to you, and to receive help from court staff in keeping the abuser away from you.
• Stand when the judge enters and sit when the judge or bailiff asks you to.
• Relax and remain calm. Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom.
• Always tell the truth.
• If you don’t understand a question, just say so.
• If you don’t know the answer to a question, just say so. Never make up an answer.

What is the order of events in the courtroom?

1. At the hearing, everyone who will testify will swear or affirm to tell the truth.
2. Since you are the plaintiff, you will tell your side of the story first. 
3. The judge and the defendant may ask you questions.  If you are scared to answer any of them, tell the judge.
4. When you are done, your witnesses may speak.  You may ask them questions, and then the judge and the defendant will have a turn to ask them questions.
5. The defendant will tell his side.  It may be very different from yours.  The judge will ask questions, and you may also.
6. The judge will make a decision after hearing both sides and considering the evidence.
7. If the judge decides in your favor, the judge will sign your Protection from Abuse Order.  The judge can make the Protection from Abuse Order stay effective for as long as 18 months.
8. If the defendant is present, he will sign and take home a copy of the PFA. 
9. You will be given a copy of the PFA.
10. Copies will be sent by the prothonotary to all law enforcement agencies with jurisdiction or reason to enforce the PFA. A copy is also sent to a national registry, the National Crime Information Center.

What should I do when I leave the courtroom?

• Review the PFA before you leave the courthouse. If something is wrong or missing, ask the prothonotary to correct the order before you leave.
• Make several copies of the PFA as soon as possible.
• Keep a copy of the PFA with you at all times.
• Leave copies of the PFA at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work.
• Give a copy of the PFA to anyone who is named in and protected by the order.
• You may wish to consider changing your locks and your phone number.

One week after court, call your local law enforcement offices to make sure they have received copies of the Protection from Abuse Order from the prothonotary.

What if the abuser violates the order?

Call the police and report the violation. A police officer can arrest the abuser, even if he/she does not witness the abuse. After an arrest, the officer must take all firearms, other weapons or ammunitions used or which were threatened to be used during the violation of the order or during prior incidents of the abuse.

An abuser charged with the contempt (violation) of a PFA can face criminal charges. If an abuser violates a PFA, a hearing must be held, and an abuser found in contempt can be placed in jail for up to six months and/or be fined (a fine of not less than US$ 300 nor more than US$ 1,000)

How do I extend my Protection from Abuse Order?

If there was a violation of the PFA and a criminal hearing is pending, your PFA will be automatically extended until the criminal hearing. 

If this is not the case, and you want to extend your order, you will need to return to the prothonotary to file an extension of your PFA. You will have to show that the defendant committed one or more acts of abuse while the PFA was in effect or that the defendant engaged in a pattern or practice that indicates continued risk of harm to you or a minor child.

What if I move and change my address?

If you ask for protection in another county in Pennsylvania in addition to the one in which the order was entered, the courts and police must cooperate. If you want protection in another county, such as where you work or visit relatives, you must take a certified order of the court (of the original county) to the civil court clerk, or “prothonotary,” in the second county. The prothonotary's office in the second county will provide you with proof that the order is registered and in effect in the second county. You must then send a copy of the registered order to the county police registry in the second county so that the police can enforce the order. 7

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.  Different states have different rules for enforcing out-of-state protection orders.  You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

If you are moving out of state, you should call the battered women’s program in the state where you are going to find out how that state treats out-of-state orders. 

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details.

The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about protection from abuse orders for the state of Pennsylvania, check out  http://www.womenslaw.org/PA/PA_how_to.htm  for more information.   The information above was gathered from http://www.womenslaw.org/PA/PA_how_to.htm.