printer friendly version

After I get a Protection from Abuse Order, what should I do?

• Obtain several certified copies from the Prothonotary.
• A copy should be taken immediately to the police department where you live and/or work.
• If custody or protection of your children is included in the Order, the school(s) should have a copy.
• If temporary support is in the Order, you must first complete the necessary paper work and make an appointment with the Domestic Relations Support Office for a hearing (215-340-8068). If support is an issue for you, this should be done within two weeks of the issuance of your PFA.
• A copy of the Order should be kept in your car, at your work place, in your home, in your purse, and if possible, with a relative or friend.

If my partner is not excluded from the residence and I plan to leave, how do I get my possessions?

Arrangements should be made at the time of the hearing and should be included in the Order. If not, ask the police to accompany you or take a friend.

If my partner is excluded from the residence, may I change the locks and/or the lease?

You may change the locks and have the Defendant's name taken off the lease if the apartment or house is rented. You will be responsible for paying the rent and other expenses.

If we own the house, does my partner have to pay the mortgage?

You are both responsible for the mortgage, and, if you have not reached an agreement about this, ask your attorney how to proceed.

If I have custody, may the Defendant see his/her children?

If the Petitioner receives temporary custody of children within the PFA, Judges may grant visitation to the Defendant. A schedule is agreed upon, and the Defendant has the children during these times only, except by agreement of both parties. If the Defendant chooses not to exercise his/her custodial rights, he/she cannot be held in contempt of PFA. The Protection from Abuse hearing is not to decide custody.

If custody is not included in the PFA, what should I do?

You should call a private attorney immediately for guidance. If you cannot afford a private attorney, and you qualify for Legal Aid's assistance, call 215-340-1818 (Doylestown office) or 215-781-1111 (Bristol office). They will explain the custody process to you. If neither of these options is available to you, then you may file a pro se (on your own) custody Petition with the Court. The Librarian in the Law Library (on the bottom level of the Court House) will help you find the forms.

If I don't have a Custody Order, may the Defendant take the children?

Yes. Both parents have equal rights, and either parent can file for custody.

If I change my mind and decide I no longer need the PFA, may I drop it?

If you decide to have your Order modified, you must return to the Legal Aid office in Doylestown, open a file and speak with a staff attorney. You may need to go to Court for the modification. Legal Aid will only modify the Order to remove the exclusion and no contact provision. The process will take about two to three weeks, because a Judge has to sign the new Order. When the new Order is signed, you will need to take a copy of the Order to the police in your community.

If you wish to withdraw your Order completely, you will need the services of a private attorney and you must appear in Court before the Judge.

If the Defendant breaks the Order (Contempt of Order) by calling, stalking, threatening, or abusing me, what should I do?

• Notify the police at once of any violation of the Order.
• If the Defendant is arrested, you will not need to complete a Contempt Petition; the police will do that for you.
• If the Defendant is not arrested, you must come to the LADA office where you will be assisted in filing a Contempt Petition.
• If a Judge accepts the Petition, your case will be heard at the same place where you received your PFA. An Assistant District Attorney will represent the Commonwealth on your behalf.
• You must attend the hearing.
• If the Defendant is found guilty of contempt of the PFA (an indirect criminal offense), he/she may be fined, receive a suspended sentence (the sentence would be served if a further violation occurs), or be put in jail immediately. The current PFA may be extended at this time.

If the Defendant starts to follow me or waits outside my house, but doesn't contact me, what can I do?

If a pattern of stalking occurs that causes you emotional distress and/or fear, it can be a criminal act. You may file criminal charges with your District Justice (listed in the blue pages of the phone book). The charges will be evaluated by the District Attorney and a hearing may be scheduled.

Stalking is also a violation of your PFA. You may notify the police so a Contempt of the Order is filed, or file a Contempt Petition through the LADA office or pro se (by yourself) with the Prothonotary. The Defendant may receive jail time for this violation.

If the Defendant has been arrested, how can I be sure he/she is still in jail or was released?

If you fill out the Bucks County Prison Release Notification Program form, you will be notified when the Defendant is released from prison. This form is available from the arresting police officer, district attorney's victim assistance staff, and LADA. At the time of the arrest, you should tell the police you want to be part of the Victim Notification Program. The Prison Records office may also be called to determine if he/she is still in custody.

If I file for Contempt, will he/she go to jail?

If the Defendant is found to be in contempt of a PFA, he/she can be sentenced to serve time in the prison. The maximum sentence is six months. However, a sentence of this length is rarely imposed.

May I drop the charges if I decide I don't want to proceed?

If the police have filed the contempt charges, the case will proceed. If you have filed an Affidavit of Plaintiff Alleging Contempt of Protection From Abuse Order, then you may ask the Judge for permission to withdraw the charge.

If there is a hearing for contempt of the Order, must I attend?

The Police or the District Attorney may ask you to be available as a witness at the contempt hearing. The District Attorney may need your testimony to proceed with the case.

When I take the children to the Defendant's home, he/she often insults or threatens me. What can I do?

The Court does not consider this behavior to be in contempt of the Order. Therefore, if possible, choose a safe, public location for the exchange of the children. You may arrange for a friend or family member to replace you or accompany you.

Sometimes the Judge will order curbside pickup to avoid a violation of the PFA. It is not wise to have the other parent enter your home or for you to enter his/her home. It's important at all times to avoid the opportunity for an abusive incident to occur.

If I've suffered severe financial loss due to medical expenses or loss of work as a result of the abuse, what can I do?

LADA can help you contact the Victim's Compensation Board in Harrisburg, or you may file a civil action against the Defendant and attempt to recover these expenses. If criminal charges are brought, restitution from the Defendant can be requested as part of the sentence.

Is there community support if I need help?

A Woman's Place offers many services to abused women and their children. A 24-hour hotline is always available. Call 1-800-220-8116 to access all services. AWP services include shelter, and individual and support group counseling for abused women and their children. Services also include Medical Advocacy, a First Response team working with police, Community Education about domestic violence and a Prevention Program in schools. AWP can also refer you to other agencies regarding food, housing, etc. for more information. AWP services are provided free of charge.