Protection From Abuse Order PFA

Anyone can be abused in a relationship, but it’s not always apparent from the outside looking in. Protection From Abuse (PFA) orders are powerful tools that help people get protection for themselves and their children from an abusive person in their life, most often in their own household. It’s a necessary process that allows the state to step in and protect people and children from abuse or worse. But this process can be abused, and you need a PFA defense attorney when this happens.

Protection From Abuse Order

What is a Protection From Abuse (PFA) Order?

A Protection From Abuse order is something a victim can file or have an attorney file with their local court or clerk. This can require their abuser be removed from their home premises and kept away from them and their children until a formal court hearing can be scheduled. This is a measure to prevent violence against the victim and, if they are a parent, their children.

The defendant, in this case, is the one accused of being an abuser. Until their formal court date, they must relinquish all weapons and remove themselves from the plaintiff’s living premises, even if they also resided there. They also cannot contact them or their children in any way, including by calling, texting, or email.

Protection From Abuse Order PFA

How Can a PFA Order Be Abused?

Protection From Abuse orders are meant to separate abusers from their victims. In the urgency to protect, most temporary PFAs are granted until the primary court date. Around 90% of temporary court orders in Pennsylvania are granted. This means that only around 10% of cases end with the court declaring that the accusations are not valid.

In most cases, this is hard to prove because many PFAs are filed as emergency orders. They’re quick decisions and there’s little time for the accused to make a defense in the initial emergency hearing. In most cases, if you face a PFA order, you have to make your case at the final order hearing. This is similar to any civil court hearing where they hear evidence and pleas before they eventually make a decision after deliberation.

Protections From Abuse Order PFA

Why Would Someone Need a PFA Defense Attorney?

We are not disparaging the system that protects abusers when we say that not everyone uses it because they’re being abused. Similarly to how soon-to-be ex-partners may lie about their spouse to get assets or a better custody agreement, they may file a Protection From Abuse order. If a PFA order is filed against you and goes through successfully, your partner will have a lot more bargaining power and potential “evidence” that they were wronged in your relationship in later legal battles.

This can help them make an argument for several things during a divorce or legal separation, such as:

  • Unfair division of assets
  • One-side child custody agreement
  • Unfair visitation agreement
  • Untenable alimony/spousal support

Not to mention, outside of court, it will ruin your reputation. A good PFA defense attorney will help you survive and overcome this in court.

Protection From Abuse Order PFA

How Do Most PFA Defenses Resolve?

Most Protection From Abuse orders in Pennsylvania do not end with the plaintiff being given the final order. Pennsylvania’s courts, more often than not, end with no final PFA order going into effect after getting a PFA defense attorney’s help and a day in court. The breakdown is as follows:

  • 25% of cases end with the plaintiff not appearing in court.
  • 23% of cases end with the plaintiff rescinding the order.
  • 19% of cases end with the final PFA order being granted.
  • 16% of cases end with a new formal agreement between both parties.
  • 11% of cases end with the temporary order being denied.
  • 5% of cases end with the final order being denied.

This means that if you are facing a PFA order, all hope isn’t lost. You can fight it with the help of a PFA defense attorney standing with you to prove to the court that you are not an abuser. A good defense tends to turn away false accusations and/or lead to a more amicable agreement approved by all parties, including the court.

Find the Right PFA Defense Attorneys at Lermitte & Lubin, LLC

We have experience defending and protecting people on both sides of Protection From Abuse orders. It’s not always black and white, sometimes there are misunderstandings, and sometimes accusations aren’t as honest or strong. We will work with you to reveal the truth, and make sure you are treated as fairly as you deserve. Don’t suffer in silence. Contact our PFA defense attorneys for more information today.

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