Resource for a Recourse: Online Resource Center for Survivors of Abuse

PENNSYLVANIA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Pennsylvania's Protection From Abuse Act defines abuse as the occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:

Attempting to cause or intentionally, knowingly or recklessly causing (with or without a weapon):

bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault,
indecent assault or incest
Placing another in reasonable fear of imminent serious bodily injury
False imprisonment
Physically or sexually abusing minor children
Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. In other words, stalking or harassment that makes you afraid of bodily injury

Any adult (person 18 or over) or emancipated minor can seek legal protection from acts of domestic abuse done to you or your minor child by a family or household member, which includes:

Your husband or ex-husband.
Your wife or ex-wife.
A person who lives or lived with you ("as a spouse, parent, or child").
Your brother or sister.
Your parent or child.
A family member related by blood or marriage.
A current or former sexual or intimate partner.
The other parent of your child.
Other persons related to you by blood or marriage.

Types of protective orders:

Emergency order

An emergency order will only last until the next business day. An emergency order is designed to give you protection until a court opens and you have a chance to ask for an ex parte temporary PFA. If you do not go to court on the next business day to apply for a temporary PFA, your emergency order will expire. When you ask the court for a PFA, a judge will give you an ex parte temporary PFA if s/he finds that you are in danger of further domestic abuse and need immediate protection. "Ex parte" means that the judge will make this decision based only on the information you provide, without your abuser being in court. This temporary order will only last until your full court hearing when your abuser has an opportunity to tell his side. A hearing is usually scheduled within 10 business days.

Final Protection From Abuse Order (PFA)

This may be granted after a hearing in which you both have an opportunity to tell your side of the story. A final PFA lasts up to 3 years and, under certain circumstances, can be extended.

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Benefits:

A Protection from Abuse Order can do more than protect you and your children. It may:

order your abuser not to abuse, harass, or stalk you, your relatives or your minor children;
grant you possession of your home or order the abuser to provide suitable alternate housing, whether or not you own or lease your home together or separately;
award temporary custody or temporary visitation rights of your minor children;
order the abuser to pay financial support (including medical bills, health insurance, rent or mortgage payments) to you or your children;
prohibit the abuser from having any contact with you or minor children, including staying away from your or your child's place of employment or business or school;
order your abuser to turn any of his firearms, other firearms, other weapons or ammunitions or ammunition to the sheriff or police, if he used them or threatened to use them during the abuse;
order your abuser to pay you for losses resulting from the abuse (this may include medical, dental, relocation, attorney and counseling costs, as well as loss of earnings or support).
grant any other appropriate relief you request.

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Costs:

You will not be required to pay any fees when you file a petition for a Protection from Abuse Order (PFA). If you are granted a PFA, the judge may require the defendant to pay all the fees of filing and service. The court will also charge the defendant an additional $100.

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Violations:

Call the police and report the violation. A police officer can arrest the abuser, even if he/she does not witness the abuse. After an arrest, the officer must take all firearms, other weapons or ammunitions used or which were threatened to be used during the violation of the order or during prior incidents of the abuse. An abuser charged with the contempt (violation) of a PFA can face criminal charges. If an abuser violates a PFA, a hearing must be held, and an abuser found in contempt can be placed in jail for up to six months and/or be fined (a fine of not less than US$ 300 nor more than US$ 1,000).

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