Domestic Violence is a Crime!
You have legal options. You can file criminal charges against your abuser. You may also request that the court order the abuser to stop hurting you and your children. These orders, called PFAs or Protection From Abuse Orders, can bar your abuser from your home, keep them away from you, your family and place of work, grant temporary custody of children, and/or make your abuser pay support.
But not all PFAs are alike; a Family Court Judge will decide what is appropriate in individual cases. Listed below are the three types of PFA orders, when each is available and a brief description of each type. We know this is a lot of information to take in and try to understand. It is even harder when someone is afraid or upset. Any member our Legal Staff can provide you with information to further explain the types of PFAs and help you understand the procedure so you can make an informed decision about what is best for your situation. Our legal staff will assist and accompany you through every step of the PFA process.
Emergency Protection Order (EPO)
In the evenings, on weekends, or during holidays you may seek an Emergency Protection Order. An EPO will last until the next day the Chester County Courthouse in West Chester is open. The District Justice on call for Chester County can issue an EPO. Call the police or the Domestic Violence Center to find out which District Justice is on call. The EPO is effective as soon as it is signed, but the abuser will not know about the EPO until he/she is served the order by the police.
Temporary Protection From Abuse Order
Survivors of domestic violence may petition for a Protection From Abuse Order at the Chester County Courthouse in West Chester, from Monday to Friday between the hours of 8:30 and 4:30. The Domestic Violence Center Staff can also help you to prepare the paperwork for your petition. A Temporary PFA Order is issued by a Family Court Judge of the Court of Common Pleas. The Temporary PFA lasts until a hearing can be scheduled (usually about 10 days). The sheriff must serve the abuser in person with the protection order and a notice of the hearing date. PFAs can include the following clauses: no abuse, no contact, bar the abuser from the home, award temporary child custody, and/or confiscate weapons. All Orders are not alike; the Judge will decide what is appropriate in individual cases, based on the facts presented to him/her. There is no fee charged for filing the petition. Court costs are usually assessed against the abuser. Court cost may be charged to the petitioner if she/he does not appear or withdraws the petition.
Final Protection From Abuse Order
After a hearing in the Court of Common Pleas, a Final Order, effective for up to 3 years may be granted if the judge decides that there is sufficient evidence of abuse. The Final PFA may contain the same remedies provided in the Temporary PFA Order, or the conditions may be modified.
What Happens if They Violate the PFA?
Any violation of an Order should be reported to the police. The abuser will be arrested, and a violation hearing will be held within one week. Penalties for violating a PFA order can include up to six months in prison and/or a fine of up to $1,000. The final order can be extended for 3 years if the abuser commits another act of abuse during the time the PFA is in effect.
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