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1. What is a Protection from Abuse (PFA) Order?

A PFA order from a court gives protective "relief" for a victim (and sometimes children) for up to three years. A person can file for a PFA order from the court for themselves or on behalf of their children who are under age eighteen. A PFA order describes certain things the abuser must do or is forbidden to do in regard to a victim, and can include many kinds of protection. For example, a PFA order can make it illegal for the abuser to contact, harass and abuse the victim and the victim's children. The PFA order can order the abuser to give back keys, papers, toys, clothes and other items. If the abuser does not follow the order, there can be criminal charges.

2. How long does it take to file a petition for a PFA?

The process of filing a petition for a PFA in Chester County takes approximately two hours. The filing procedure to file a petition is a multi-step process that includes the drafting of the narrative and petition, a hearing for the petitioner alone with the Court, and the actual filing, certifying and submitting of the completed petition to the Sheriff for service.

3. When is the Court available for the filing of petitions for PFAs?

The Court of Common Pleas is available from 8:30AM with the last hearing held at 3PM. PFA petitions are filed in the order in which they check in which means that if a petitioner checks in for a PFA at 3:00PM there may be other petitioners that checked in before who will file ahead.

4. What if I can't get to the Court during those times or show up too late to file?

The PFA statute authorizes Magisterial District Judges to grant emergency temporary PFAs when the Court of Common Pleas is unavailable. Contact your local police department to find out where the oncall district judge is located. These orders are temporary and expire at the end of the next day the Court of Common Pleas is available. For example, if an emergency temporary order is granted on a Monday, then that order would expire at 4:30pm on Tuesday. If you seek the same protection offered by the emergency temporary PFA then you must file a petition for a PFA in the Court of Common Pleas before the end of the next available day.

5. Who Can Obtain a PFA Order?

A victim of abuse may file for a PFA order against an intimate partner or a family member, such as:
• Spouses or ex-spouses;
• Persons who have lived as spouses;
• Domestic partners;
• Same sex couples;
• Parents;
• Children;
• Persons related by blood or marriage (including bothers/sisters); or
• Current or former sexual or intimate partners (including dating relationships).

The PFA Act does not cover abuse by a stranger or a roommate that the victim is not intimately involved with.

6. How Do I file a petition for a PFA?

Although the PFA Act is a Pennsylvania law, every county has a different process to get a PFA order.

Even though each county is different, the legal process follows the same general pattern. The PFA process usually starts by filling out a form called a "petition" at the local county courthouse. The questions in the petition ask victims to explain why they want protection and to describe the abuse they suffered. In legal terms, the person who wants the PFA is called the "petitioner" or the "plaintiff". The
PFA petition also asks the petitioner to tell what they want the PFA to do. Usually, there are employees at the courthouse who can help to complete PFA petitions, and give information about free or low-cost legal services in the county or region. The PFA Act says that courthouse information and assistance to PFA petitioners should be provided in both English and Spanish.

After the petition is filled out, a judge will read it and may ask the plaintiff to answer a few questions. The abuser will not usually be present in the court for this. The judge may grant or deny a temporary PFA order and will schedule a date for a final hearing. A temporary PFA order will protect a victim and/or children until the date of the final hearing. This hearing will take place within 10 business days.
Even if the judge does not grant a temporary protection order, the judge will schedule a final order hearing.

7. When is the hearing?

When the petition is filed it will include a Notice of Hearing and Order. This serves a notice to both the plaintiff and the defendant that the court will hold a hearing on the just-filed petition. The PFA statute requires that the Court hold a hearing within ten business days of the filing of the petition.

On the date of the PFA hearing, the plaintiff/victim and defendant/abuser will come before a judge. Both are allowed to have attorneys to represent them at this hearing. A domestic violence advocate may also come with the victim. If both the plaintiff and defendant agree on the terms of an order, the judge will make it official. If either does not agree, the judge will give the victim and abuser the chance to talk on the record about the abuse described in the petition.

After listening to the testimony, the judge may grant the plaintiff a final PFA order. Final orders can be in place for any period of time up to and including 3 years.

8. Do I really need an attorney for a PFA hearing?

The short answer is yes. Please remember that this is a legal proceeding. While the statute does not require a petitioner to have an attorney it is a very good idea to have someone who can advocate on your behalf to the court. Unlike the hearing with the judge that occurred in chambers when the petition was filed initially, this will be before a judge in open court. Furthermore, if the defendant has an attorney and you do not, you may be at a disadvantage in court. Petitioners granted a PFA are entitled to a free attorney from Legal Aid, regardless of income.  Please contact Legal Aid if you are granted a PFA at 610-436-4510. 

9. What Can a PFA Order Do?

A plaintiff can ask for any or all of the following forms of relief in the PFA petition. The judge will consider the requests and may grant all or some of them in the final PFA order:
• ask the judge to order the abuser to stop threatening, abusing, harassing or stalking the victim and the victim's children
• ask the judge to make the abuser leave the home or household (even if both parties own it or are on the lease)
• request that the victim's new address or location remain confidential
• ask the judge for temporary custody of the children
• ask the judge to prohibit the abuser from contacting the victim, victim's children, or family members
• ask the judge to order the abuser to turn over any firearms or other weapons
• ask the judge to order "any other appropriate relief" like the return of a pet, car keys, important papers, or other personal property

10. How Much Does a PFA Order Cost?

The PFA Act says that PFA orders are free for the person seeking protection. In most cases, the defendant will have to pay for all or part of the PFA process. Otherwise, the county must pay.

11. Once I leave the courthouse what do I do with the PFA?

When you leave the courthouse with a temporary order it is very important that you take a certified copy to your local police department or Pennsylvania State Police barracks. A certified copy will have a raised stamp and a red seal that says "Certified from the Record." Always keep a copy of the PFA with you. If there are minor children protected by the PFA provide a copy to the children’s school or daycare center. You may also give a copy to your employer if you so choose.

12. What if an Abuser Violates the PFA Order?

In most cases, the victim should immediately call the police if the abuser doesn't keep to ("violates") the terms of the PFA order. According the PFA Act, the police can and should arrest the abuser for any violation of the PFA order. The only exception is that the police cannot arrest an abuser for not paying expenses and support as ordered.

A defendant who violates a PFA order can be arrested and charged with a crime called indirect criminal contempt. The victim may be asked to testify about the violation at a court hearing. If the court finds the defendant guilty of violating the PFA order, the court can give jail time, probation, and/or fines. Even though the police may arrest and charge an abuser for indirect criminal contempt, the abuser may be released before the hearing. Victims should consider talking to a domestic violence advocate about steps to take to stay safe.

13. Are PFA and Protection Orders Valid Across State Lines?

Yes, a PFA order from Pennsylvania is valid in every county in Pennsylvania, every state across the country, and on tribal lands. Protection orders from other states or tribal courts are also valid in Pennsylvania. This is because the Violence Against Women Act {VAWA), a federal law that protects victims of domestic violence, makes all states honor other courts' protection orders. There are law enforcement databases that make it easier for police to electronically check protection orders, but they are not foolproof. It is important for victims to have their PFA orders with them whenever they are traveling or if they move to a new address, especially out of state.

A plaintiff who has a PFA order does not have to register it in a different county or state for it to be valid, but registering it with the local courthouse may be helpful. On the plus side, registering an order allows police to quickly verify the order and respond faster to if an abuser violates it. On the downside, some states will notify the defendant when the victim registers a PFA order in a new county or state. If the
victim does not want an abuser to know where they are, they may not want to register the PFA. Procedures for registering a PFA order vary from state to state.

It is good for a victim to have a certified copy of the order along at all times, especially if a victim decides not to register a PFA order after moving. (A certified copy is one that is stamped with a raised seal and initialed by the court.) It is also a good idea to have multiple copies of the order for work, home, and/or school.

14. How can my local Domestic Violence Center help?

In Chester the County the Domestic Violence Center of Chester County (DVCCC) can assist with matters related to domestic violence. Their toll-free number is 1-877-711-6270 or the local number which is 610- 431-1430.

A domestic violence advocate can help victims with many services. They may be able to help victims fill out a PFA petition or go with the victim to court. Advocates can give victims information about the county PFA process and help victims to make a safety plan.

What a victim says to a domestic violence program advocate is confidential. By law, an advocate cannot repeat what victims tell them, even if called into court by a judge. The only exception is that the advocate must report it if the victim reveals that a child is in danger of being abused. Confidentiality between victims and advocates means that victims can speak freely about their circumstances and plan
for their future safety.