The state of Pennsylvania provides protection for domestic abuse and violence victims. This is the reason they make the Protection from Abuse (PFA) order available to victims. This legal order offers an extra level of protection than the protection crimes code offers. A protection from abuse attorney in PA can defend people accused of domestic violence and served with a PFA. These individuals may also face charges of assault, battery, and aggravated assault.
What to Expect from a PFA Order?
In domestic violence cases, victims may file a petition for a PFA order. With this order, the accused is prohibited from further abusing the victim, returning to the household of the abused, and entering the latter’s residence, school, or workplace. Also, the order may include orders for temporary custody and support payment. If you are the accused and you think you are innocent, you should follow the terms of the order. Otherwise, you will only complicate your case and possibly face extra penalties.
Who Can Get a PFA Order?
Not all people threatened or abused by another can file a PFA order. To fill this order, the parties involved should have a relationship, which means they can be family members who live in the same house or in a romantic relationship.
How to File a PFA Order
PFA petitions need to be filed by the party who seeks the order. In general, they are not filed by lawyers, although it’s a wise decision to have a lawyer represent the petitioner at the hearing. The court will hold an ex parte hearing, which means that the alleged abuser is not present to determine the issuance of a temporary PFA order. The court will schedule a final hearing to determine if a permanent PFA order should be entered.
Should You Hire an Attorney to Defend Yourself Against a PFA Order?
The accusations within a Protection from Abuse order can also be the basis of criminal charges. Because of this, it is wise to hire an attorney to defend you against this order. Things you might say in court can ruin your stand in a criminal proceeding. Always have an attorney on your side even if you think you are innocent. A reliable PFA attorney can examine your charges and create a strong defense against them.
To defend you against a domestic violence charge, your attorney can argue that you have been attacked by the victim, so you had to use force to defend yourself. Your attorney may also use a provocation as a valid defense.