It is strongly recommended that you seek experienced and skilled legal counsel to help you effectively defend PFA actions. Knowledgeable attorney Joseph D. Lento has years of experience helping individuals who have been in your shoes. Contact him today for help.
What Kind of Lawyer Do I Need for a PFA? If you're applying for a PFA, it's important to hire the right kind of lawyer for the job. Not all attorneys will handle this type of matter, but you may come across lawyers who practice family law, criminal law, and general practitioners in your search. Family Law Lawyers
Do I need a lawyer to get a PFA? At ARM Lawyers, we represent victims of domestic abuse in PFA proceedings. We are often asked if you need a lawyer to get a PFA. In most counties in Pennsylvania, the court does not provide you with a lawyer. In order to get a Protection from Abuse Order, you must have a hearing in the Court of Common Pleas.
Nov 01, 2018 · It is therefore advisable to consult with a PA PFA attorney, and retain a family law attorney who can evaluate your overall case and resolve your Pittsburgh domestic violence matter in a way beneficial to you.
Aug 03, 2021 · In Pennsylvania, there are a few different types of protection from abuse orders (“PFA”). The type of PFA you may initially get depends on whether the judge believes you need protection or not. Emergency order. If you need immediate protection when the courts are closed (such as on a weekend, late night or holiday), you can call your local ...
At the hearing, you will testify in court and you can present other evidence or witnesses to prove the abuse you have experienced. The abuser will also be allowed to testify in the hearing. The judge will make a decision after hearing all of the testimony and considering all of the evidence.Feb 11, 2022
Here are five rules to win against false PFAs:Never take the bait. A potential victim can file for a temporary PFA at most police stations or any court location. ... Airing your side of the story. ... Motives behind false PFAs. ... Stiff PFA Penalties. ... Avoid False PFAs in the First Place.Sep 15, 2016
There is a $97 filing fee to file an appeal, but there is no requirement that a bond be posted. Filing the appeal paperwork does not change the validity or enforceability of the extended order.
There is no cost to file for a PFA, and you do not need an attorney to do so (though having one, if possible, is beneficial). It is possible to get a PFA the same day you file.Oct 5, 2021
Appeal to Superior Court. You can appeal a final PFA to Superior Court within 30 days of the order by filing a “Notice of Appeal” with the Protothonary's Office. Your attorney will also need to file a legal brief and additional supporting documents, including a transcript of the final PFA hearing.
Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.
A final PFA order can be appealed to the Pennsylvania Superior Court within 30 days.
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.
The key to winning an appeal is to plan for one from the outset of the case. Some appeals still may succeed in spite of lack of attention during the trial stage, but do not count on that. Let opposing counsel be the one surprised when the time to appeal arrives.
three yearsIn Pennsylvania, a PFA order from a court gives protective “relief” for a victim (and sometimes their children) for a period of up to three years (for final orders). A person can file for a PFA order from the court for themselves, or on behalf of their minor children.
defendantIf you are granted a PFA, the judge may require the defendant to pay all the fees of filing and service as well as an additional $100, which goes towards enforcement of domestic violence laws.Aug 3, 2021
In Pennsylvania, a Protection from Abuse order is granted by "civil" court; not criminal court. Because of this, the issuance of a PFA will be on a person's "civil" record and not his or her "criminal" record.Dec 8, 2016
A Protection from Abuse petitioner is not required to file a police report, nor is it necessary for the petitioner to introduce medical evidence of an injury. The petitioner's testimony is sufficient if it is believed by the trial court. Custer v. Cochran, 933 A.2d. 1050 (Pa.Super. 2007)
In the same case, Custer v. Cochran, 933 A.2d. 1050 (Pa.Super. 2007), where it was held that a police report is not required for a protection order to be issued in Pennsylvania, and that medical evidence of an injury is not required, the defendant appealed the final PFA order to the Pennsylvania Superior Court.
Whether a PFA order can be issued against a defendant based on alleged corporal punishment of a child depends on the nature of the corporal punishment.
The plaintiff in a PFA case received an emergency PFA order which required the defendant to have no contact with the plaintiff for 18 months. Because of the timing of the events, the plaintiff had no copy of the order, although the plaintiff notified the police of the PFA order.
Emails can be submitted as evidence if the Pennsylvania Rules of Evidence are satisfied. One Pennsylvania Superior Court, however, found that emails were properly not allowed into evidence upon review of the trial court's evidentiary ruling.
Attorney Joseph D. Lento has unparalleled experience practicing Family Law in Pennsylvania. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph D. Lento will go above and beyond the needs for any client and fight for what is fair.