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Obtaining a PFA
The following sections describe in detail the Pennsylvania Protection
from Abuse Act. This includes relief available through the civil
and criminal courts, as well as legal options and procedures available
to victims of domestic violence in Bucks County, Pennsylvania.
About Protection From Abuse Orders
The Protection From Abuse Act allows victims of abuse to seek relief
through the courts pro se (on their own) without having an attorney
file the papers for them. A Woman's Place and Bucks County Legal
Aid developed a joint project to assist victims of abuse in filing
pro se for protection from abuse.
The Legal Aid Domestic Abuse office (LADA) is located at 100 Union
St., Doylestown, Pennsylvania. A Woman's Place employs advocates
to provide options counseling, technical assistance, and emotional
support in filing a Petition for protection from abuse.
A Woman's Place offers:
- Legal Advocacy—information, education, counseling, and referrals
regarding legal options to victims of abuse in Bucks County.
- Court Accompaniment—emotional support and empowerment counseling
to victims of abuse during civil and criminal court hearings and trials.
Bucks County Legal Aid provides a staff attorney to represent Plaintiffs
(the person filing the Petition). Bucks County Legal Aid (through the
Bar Association) assigns pro bono (free) attorneys to Plaintiffs for
their Protection from Abuse hearing date.
What is a Protection From Abuse Order (PFA)?
It is a civil (non-criminal) Order that can protect a
victim from being abused, harassed, threatened, or stalked. A civil procedure
will not result in a criminal record for the Defendant.
What is considered “abuse” under the Protection from Abuse
Law?
- Physical abuse including: hitting, slapping, punching, pushing, kicking,
biting, throwing heavy objects, and threats of bodily injury.
- Sexual abuse including rape, spousal rape, sexual assault
- Assault with a weapon, not limited to a gun or knife
- Fear of serious bodily injury
- False imprisonment or restraint (kept somewhere against your will
for a period of time with no safe way to escape)
- Physical or sexual abuse of minor children
Who can get a Protection from Abuse Order?
- Spouses, or persons living together as spouses, whether they live
together now or did in the past, including gay and lesbian relationships
- Parents, children and other persons related by blood or marriage including
persons who share biological parenthood
- Current or former sexual or intimate partners
What if I am a man who has been abused by a woman?
You are protected by the Protection From Abuse Act if
you have been physically abused, harassed, stalked or your life has been
threatened.
How will a PFA protect me?
The Judge may order the Defendant (the person who committed the
abuse)...
- to refrain from abusing, harassing, threatening and stalking
you
- to leave the residence and award you exclusive possession of
your residence for the duration of the Order
- to have no contact with you in person, by phone, fax, mail or
e-mail
- to have no contact with your children if they have been physically
abused or threatened with abuse, and/or an incompetent adult for
whom you are a guardian
- to not harass your relatives
The Judge may also...
- grant you temporary custody of the minor children
- order the Defendant to pay financial support to you and the
children if he/she has a duty to support
- order the Defendant to give to the police or sheriffs any weapons
that were used or threatened to be used
- order the Defendant to reimburse out-of-pocket expenses you
had as a result of the abuse
- order the Defendant not to purchase or acquire any other weapons
for the duration of the order.
How do I obtain a PFA?
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Step 1 |
If you want legal options and guidance, telephone the Legal
Aid Domestic Abuse (LADA) office at 215-348-0445. LADA has the
form, called the Petition, available for you and can provide
counseling and assistance in completing the Petition. Please
call for information and/or to schedule an appointment. You
can complete the Petition for a PFA without assistance (pro
se), and file it at the Prothonotary's office at 30 E. Court
Street, Doylestown. |
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Step 2 |
You should allow yourself about two hours to complete the
Petition with the assistance of an AWP advocate. It is helpful
to bring police reports and/or medical reports if you have them.
You do not need to have reported the abuse to a police department
or to have received medical attention in order to file for a
PFA. |
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Step 3 |
When your Petition is complete, the advocate at LADA will
make copies for you to be taken to the Domestic Relations Court
House, 30 E. Court Street, Doylestown. Copies of the Petition
are filed with the Prothonotary (a court clerk). You sign the
Petition and it is date stamped. You will be given two copies,
one for yourself, and one you must return to the LADA office. |
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Step 4 |
Your Petition will be sent to the Judge for his/her review
and signature. You will be given instructions by the AWP advocate
in the LADA office as to when you should call the Prothonotary's
office to see if the Judge approved your Petition for hearing. |
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Step. 5 |
Serving the PFA Petition. The person you are filing against
(the Defendant) must receive a copy of your Petition and Notice
for hearing. Once the Judge approves your Petition for hearing,
the Petitioner becomes you, the Plaintiff. In most cases when
you fill out your Petition, you will fill out the service form
included with the Petition. The Prothonotary will forward the
Petition to the sheriff who will attempt to serve the Defendant
with the notification of hearing. In some cases when the Defendant's
whereabouts are unknown, or he/she is out of state or county,
service may be completed by a process server or a friend. In
this case, the person who serves the Petition must complete
an Affidavit. These forms are available in the LADA office and
will be given to you during your appointment. An Affidavit tells
the Judge that the person actually handed your Petition to the
Defendant and states how the server knew the identity of the
Defendant. |
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Step 6 |
In Bucks County you will need to be represented by an attorney
at the hearing. Legal Aid will supply you with a pro bono (free)
attorney, and there is no fee for counseling and assistance
in completing the Petition at the LADA office. It is helpful
to call for an appointment, but not necessary—215-348-0445.
You may retain a private attorney if you wish. |
Are there additional protections under the law?
Temporary Order - If there is an immediate and present
danger, you may fill out the part of the Petition which asks the Court
for a Temporary Order. The Court will decide whether or not to enter a
Temporary Order based on the information included in your Petition. You
do not need a Temporary Order to qualify for a Final Order. A Temporary
Order provides protection between the time a Petition is filed and the
time of the Final Order hearing.
Emergency Order - The District Justice may only issue
this Order when there is a true emergency and the Court of Common Pleas
is closed. The police can assist you in contacting the District Justice
on-call. If an Emergency Order is granted, an additional hearing in the
Court of Common Pleas will be scheduled within ten days on a Wednesday
morning in Doylestown. You are required to attend. If an Emergency Order
is not granted, you may still file a Petition through the normal process
and request a Temporary Order and a Final Order through the Court of Common
Pleas.
How long does it take to get a PFA?
According to the Protection from Abuse Act, a hearing
of your Petition must take place within ten days of filing. Protection
from Abuse hearings are held on Wednesdays, at 9:30 a.m., on the third
floor of the Domestic Relations Court House, 30 E. Court Street, Doylestown.
The Plaintiff must attend the hearing. Failure to attend
the hearing may result in dismissal of the Petition and may affect future
Petitions. The Judge may also impose court costs on the Plaintiff for
failing to be present...
- if the Defendant has not yet been served, the hearing may be continued
for a week or two until service is completed.
- if the Defendant has been served, both parties need to appear.
- if the Defendant has been served and does not appear at court, the
Petitioner may be granted the PFA by default.
If the Judge grants a Protection from Abuse Order, it is effective
immediately. You will take it with you and deliver it to the police
department in your community. You will also receive copies to be
distributed where needed.
If the Defendant is ordered to leave the home, a mutually agreed
upon time for removal of his/her personal items will be set, and
the police should be present to insure safety.
How long does a PFA last? Can I get it renewed?
Protection From Abuse Orders can last for a maximum of 18 months.
Occasionally, a Judge will grant an Order of less than 18 months.
PFAs are not renewable. If further abuse occurs after the Order
expires, you must come in to file for another Order.
Who does the Order protect?
The Order protects you, the Petitioner/Plaintiff. It
can protect family members if there is a threat of harassment by the Defendant.
It can also protect minor children if there has been abuse or threats
of abuse to them by the Defendant.
How much does all of this cost?
There is no charge to the Petitioner for any part of
the process of filing for Protection from Abuse.
NOTE: If possible, children should NOT come to the courthouse. They are
not permitted in the courtroom and the waiting area is usually crowded.
It is not a pleasant place for children!
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