You should not serve the order personally, Allen says. After that, you will need to attend the second hearing where a judge will determine whether you get a final order for your PFA, and how long it will last. Both you and the person you filed against will be able to testify as well as provide witnesses and evidence, and potentially reach an agreement about the order.
You must show up for that hearing — otherwise, the petition and temporary order can be dismissed. If all this sounds overwhelming, help is available. Hotline counselors can help you with safety planning, crisis intervention, and resources. They can also refer you to agencies that provide legal aid, emergency housing, and other services.
It is especially important to have a safety plan when you file for a PFA or leave a violent relationship, she adds, as those times can be particularly dangerous. You can reach out to a number of organizations in Philadelphia directly for help, including:.
Women Against Abuse , Philadelphia Legal Assistance , Women in Transition , Lutheran Settlement House , ext. Congreso de Latinos Unidos , SeniorLAW Center , When going to Family Court to file your PFA petition, you may be able to get help from attorneys and paralegals from some of those organizations — both with filing your petition, and with representation in court. Molly Callahan , Esq. Skip to content Share Icon. Facebook Logo.
This includes contacts such as phone calls, text messages, or any other contacts that would violate the conditions of the restraining order. In Philadelphia, restraining orders can have criminal consequences. In Philadelphia, a person can be arrested and prosecuted for the criminal offense violating a restraining order. A restraining order in a civil context could impact their criminal case and become evidence against them.
New charges could be added if the order is violated, and it could lead to contempt of court if the judge has ordered the stay-away and it is not followed or enhancements of the penalties a person receives. If you have been issued a restraining order, reach out to a skilled domestic violence attorney.
An experienced Philadelphia restraining order lawyer could review the facts of the case and help you mitigate or avoid any harsh consequences. There can be many consequences of being issued a restraining order. It can require them to stay away from children and other family members if they also reside with the person that has the restraining order. Either one or all of the conditions that are part of a restraining order can have severe criminal consequence if a person violates them.
In a domestic situation, a restraining order can be filed a couple of ways. It can be brought as a part of a criminal case or stay-away order in the case issued by a judge as a condition of pre-trial release. A restraining order can be obtained in family court, that is what is known as a protection from abuse order or a PFA, and that would be a family court civil order that tells someone to stay away from the person who they are alleging abused them.
An ex parte restraining order is one that the person got without being able to give their opinion about what occurred. If you have received a restraining order, you must read it carefully. If you violate the order in any way, you may be subject to a criminal record and jail time. The goal of a PFA is to prevent abuse between spouses, boyfriends or girlfriends, household members, sexual or intimate partners, or parents who have children together but do not live in the same household.
A person who requests the PFA does not necessarily have to file the petition for him or herself. They can file it on behalf of a family member or a minor child. In Pennsylvania, PFAs can be either temporary or permanent in nature. Stay away orders are temporary, not permanent. They are good for up to one year or until your case is resolved. Stay away orders do not go into the police computer system.
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