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Protection From Abuse (PFA) order is a court order that mandates someone to stay away from another person until their court date. People file for a PFA order when they feel they are in immediate danger or have been threatened with harm. A family court judge can issue these court orders, and impose temporary orders on top of the stay-away provisions. These temporary provisions can include child custody and support payments, spousal support, temporary relinquishing of property, and more.
It is important to note that PFA orders are only effective when they are enforced. A PFA will not stop someone from hurting another person if the penalties are not also harsh. For this reason, violating a PFA order risks garnering criminal penalties that the accuser and the accused should not take lightly.
For more information about filing for and fighting against PFA orders, contact the PFA order attorneys at Lermitte & Lubin, LLC.
When Can Someone Get a Protection From Abuse Order?
When someone is in immediate danger or has been threatened with harm, they may be able to obtain a
Protection From Abuse order.
The Penalties for Protection From Abuse Order Violations
The penalties for violating these orders are extensive and varied. They depend both on the original accusations against them, and how they violated their PFA order.
They may include:
- Confinement in jail or prison for up to 6 months
- Fines, no less than $300 and no more than $1000
- Supervised probation for up to 6 months
Violating a PFA order often leaves someone at risk of facing more criminal charges and civil litigation. It is essential to take them seriously and follow all restrictions they impose to avoid legal action being taken against you.
How Can Someone Violate a PFA Order?
One of the most common ways that people violate Protection From Abuse orders is by approaching or contacting the person who requested the order, or their children. Children of the requester often fall under the protection of the original PFA order.
Contact of any kind is prohibited, so this includes but is not limited to:
- Phone calls
- Emails
- Text messages
- Social media interaction
- Face-to-face contact
It is important to note that even indirect contact, like sending a third party to deliver a message, is a violation. Some exceptions can be made for legal attorneys and law enforcement, but it’s best to confer with an attorney for a detailed explanation.
Another way in which someone can violate a PFA order is by refusing to leave the home or residence of the accuser. Even if the accused owns the home, they cannot return under a PFA order. This often extends to include spaces where the affected person may be present, such as work or school.
Additionally, PFA orders dictate that violators are not allowed to own firearms or other weapons. They have to relinquish them to law enforcement or leave them in the possession of the accuser if they are in the home they once shared. Also, sometimes the judge can sign a provision telling the accused to provide financial support to the requester. If they do not pay the financial support, they violate their PFA order.
The Filing Process for a Protection From Abuse Order
In most states, the process of filing for a Protection From Abuse order begins by filing a petition at the county courthouse. This will include basic information about yourself and the other person involved, enough to identify everyone involved, inform the accused of the filing, and properly enforce the protection order. You also need to provide details about the incident that prompted you to file.
Once your petition is complete and filed with the court, a judge will review it and decide whether or not to issue an emergency order. The judge's order may include stay-away provisions, child custody modifications, or other protective orders, depending on your situation.
Who Can Apply for a PFA Order?
You must have a romantic or familial relationship with the person you’re filing a PFA order against. Even if the romantic relationship is long past, there has to be some kind of relationship to differentiate the relationship between abuse and assault. If you don’t have this kind of relationship with the accused, a restraining order may be more appropriate.
Contact the Protection From Abuse Order Attorneys For Help
Everyone deserves to feel safe in their homes, no matter who is threatening them. Especially if you have children, you need to be able to make abusers leave you and your family alone. If you cannot file for a
Protection From Abuse order, Lermitte & Lubin, LLC can file one for you. Some people can help you. All you have to do is contact us as soon as possible so we can get to work.
