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Protection From Abuse (PFA)
According to the Protection From
Abuse Act, abuse is:
The occurrence of one or more
of the following acts between family or household members, se4xual or intimate
partners, or persons who share biological parenthood:
| 1) |
Attempting to cause or intentionally,
knowingly, or recklessly causing bodily injury, serious bodily injury,
rape, spousal sexual assault, or involuntary deviate sexual intercourse
with or without a deadly weapon |
| 2) |
Placing (by physical menace) another person in reasonable
fear of imminent serious bodily injury. |
| 3) |
The infliction of false imprisonment |
| 4) |
Physically or sexually abusing minor children |
| 5) |
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. |
If you are being abused by someone you know, you are a victim of domestic
violence It is against
the law for anyone to hurt you, including someone who lives with you. There
are legal options available to you. A Crossroads Legal Advocate may assist
you in determining some of your options.
A LEGAL ADVOCATE IS NOT
AN ATTORNEY, HE/SHE CANNOT GIVE YOU LEGAL ADVICE
Protection From Abuse Order
A PFA is a special type of restraining order which is
available to victims of domestic violence. This is a court order telling the
abuser not to harm the victim. Anyone who has been assaulted or threatened
with bodily harm by a family or household member, or a former family or household
member, may apply for a PFA.
If you are the victim of domestic violence, you have the
right to go to court and file a petition requesting an order for the protection
from domestic abuse pursuant to the Protection From Abuse Act (23 Pa. C.S.
Ch. 61), which could include the following:
| 1) |
An order restraining the abuser from
further acts of abuse. |
| 2) |
An order directing the abuser to leave your household |
| 3) |
An order preventing the abuser from entering your
residence, school, business, or place of employment. |
| 4) |
An order awarding you or the other parent temporary
custody of or temporary visitation with your child or children |
| 5) |
An order directing the abuser to pay support to you
and the minor (children) if the abuser has a legal obligation to do so |
| 6) |
An order directing the abuser to turn over any weapons
used during the abuse |
PFA and Individual Responsibility
| 1) |
Evaluation Process - An evaluation
of your abuse is needed to assist in determining what options are available
to you. This consists of a series of questions that you will be asked
regarding current and past abuse and brief history of the relationship |
| 2) |
Temporary PFA - Upon completion of the
evaluation, you will be instructed to fill out a petition seeking relief
from abuse. This petition will be presented to the judge and upon his
ruling he will determine whether you have significant grounds to receive
a temporary protection order. This order is in effect until the final
hearing process. |
| 3) |
Final PFA Hearing - This hearing is with
the defendant present. A hearing may be held by the Judge (Jefferson County)
or a Master (Clearfield County) to determine whether a final PFA will
be granted. This order can be in effect for up to 18 months. |
| 4) |
Withdrawal of the PFA - If at any time
you desire to withdraw a PFA, please contact a Crossroads Legal Advocate
for information on the withdrawal processing your county. Up until this
point there is usually no cost, however, should you motion the court for
a withdrawal you will be assessed the filing and court fees. These fees
need to be paid prior to the withdrawal of the process. |
| 5) |
It is your responsibility to uphold the Protection
Order - This is not something to be taken lightly, nor should
it be done without forethought. In your order it will state that the defendant
shall not have contact with the petitioner in any manner. This means that
you, also, must not have contact with the defendant. You may be contributing
to a violation of your own order if you try to contact the defendant while
the order is in effect. The police department may arrest the defendant
if contact is made during an existing order: |
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1) If a violation of the order occurs, please contact the
police department that services the area where the abuse occurred. |
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2) Notify your Legal Advocate of any and all violations |
THERE IS HELP FOR YOU
| 105
Grace Way |
| Punxsutawney,
PA 15767-1209 |
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In Punxsutawney: (814) 938-3580
In Brookville: (814) 849-2779
In Clearfield: (814) 768-7200
In DuBois: (814) 371-1223
TOLL FREE 24 HOUR HOTLINE:
1-800-598-3998
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