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protection from abuse Archives

Temporary Protection from Abuse Orders

Any party experiencing abuse by a partner/spouse (current or former), family member related by blood or marriage or person with whom you share a child may obtain a Protection from Abuse (PFA) Order. The first step is to file a PFA petition with the court. After you have filed, the court will determine if a temporary order should be put in place right away. Specifically, 23 Pa. C.S. 6107 (b) requires the court to conduct an ex parte hearing to determine if a temporary order is warranted. This hearing is only attended by the filing party. It is now required to safeguard the defendant's due process rights by way of questioning the filing party as to the truth of their petition.

National Domestic Violence Awareness Month

October is National Domestic Violence Awareness Month. You can visit www.nnedv.org for details on the daily initiatives. The goal is to provide information on what constitutes domestic violence and how to address it once recognized. Thursday, October 19th, is purple Thursday and people are encouraged to wear purple to raise awareness. Pennsylvania has several laws in place to protect victims of domestic violence.

Protection from Sexual Violence and/or Intimidation

Pennsylvania's Protection from Sexual Violence and/or Intimidation Act (PSVI) became effective July 2015. The Act allows victims to obtain a civil no-contact order for up to three (3) years. Adults and minors can petition for an Order on the basis of sexual violence. Only minors may obtain an Order on the basis of intimidation provided the offender is over 18 years old. There is no filing fee to file. A temporary Order can be granted following an ex parte hearing. A final hearing must be held within ten (10) days of when the Petition is filed. The victim must establish sexual violence and/or intimidation by a preponderance of the evidence.

NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH

October is National Domestic Violence Awareness Month. Next week, October 16th - 22nd, is the week of action. You can visit www.nnedv.org for details on the daily initiatives. Thursday, October 20th, is purple Thursday and people are encouraged to wear purple to raise awareness. Pennsylvania has several laws in place to protect victims of domestic violence.

V-Day

This weekend many will be celebrating Valentine's Day with their loved ones. Cards and gifts are exchanged to express love and friendship. February 14th also marks V-Day: a global activist movement to end violence against women. This movement started in 1998 and has raised millions of dollars in addition to bringing awareness of the issue of violence against women on an international scale. Pennsylvania recently enacted the Protection from Sexual Violence and/or Intimidation Act (PSVI). The Act allows victims to obtain a civil no-contact order for up to three (3) years on the basis of sexual violence.

Protection from Sexual Violence/Intimidation

Pennsylvania's Protection from Sexual Violence and/or Intimidation Act (PSVI) became effective this month. The Act allows victims to obtain a civil no-contact order for up to three (3) years. Adults and minors can petition for an Order on the basis of sexual violence. Only minors may obtain an Order on the basis of intimidation provided the offender is over 18 years old. There is no filing fee to file. A temporary Order can be granted following an ex parte hearing. A final hearing must be held within ten (10) days of when the Petition is filed. The victim must establish sexual violence and/or intimidation by a preponderance of the evidence.

Procedure for PFAs

Chapter 1900 of the Pennsylvania Rules of Civil Procedure discusses the appropriate method in pursuing a Protection from Abuse (PFA) matter. The first issue addressed is venue and outlines where a PFA action can be initiated. Under Pa. R.C.P. 1901.1, a PFA may be filed in the county where the Plaintiff resides, where the Defendant resides or may be served, where the abuse occurred, or if exclusion from a residence is desired, in the county where the residence is located. The complaint should be filed at the Prothonotary's Office of the local courthouse during business hours or at the local district court if after-hours or on weekends. There is no filing fee payable by the Plaintiff.

Child Abuse Prevention Month

April is National Child Abuse Prevention month. The goal is to raise awareness in respect to preventing abuse, reducing the risk of abuse and promoting healthy families. The Children's Bureau of the U.S. Department of Health sponsors the annual awareness campaign. The first Child Abuse Prevention week was recognized in 1982. It extended to an entire month of awareness the following year in 1983. The theme continues to be "Making Meaningful Connections" to promote familial and community relationships as a support system to reduce abuse.

Child Support and Child Custody in a PFA order

Under the Protection from Abuse Act, a Court can, as part of the order granting a protection from abuse, also issue terms on custody of the minor children as part of that order.A Protection from Abuse order can be granted in Pennsylvania for up to three years. If an order includes a provision for custody, this does not mean that the other parent will not get to see the children for three years. If an order is entered that contains custody provisions, it is very important if the order is entered against you that you file for custody through the Family Court in the county where the Child resides. The Court in Family Court will determine custody and the terms of that custody order will override the terms in the Protection from Abuse Order. Likewise, if you receive a Child Support order as part of a Protection from Abuse Order, you must file for child support within two weeks in order to continue to receive child support. You file for child support at Domestic Relations. As long as you file for child support within the two week period, you will continue to receive support under the PFA order until Domestic Relations has its hearing and enters a new child support order. If you fail to file in the two week period then the child support in the PFA will terminate and you will not get support until you file and have a hearing through Domestic Relations. 

Protection from Abuse Claims in Bucks County, PA

Today is PFA day in Bucks County, PA.  Historically, it was evident by the overcrowded and flowing areas of the courthouse.  PFAs will now be heard in the new Bucks County Justice Center, but somehow that will not change the fact that is one of the most crowded days in court. A Protection from Abuse starts as a civil action where one person who must meet the relationship requirement under the PFA statute files and accuses another person of abuse, usually physical, but can include stalking, harassment.  If you are a Petitioner in Bucks County, you have options to help you file that include a free service offered through the Women's Place or through Legal Aid.  Not only will they assist you with filing your claim, they will also represent you or assign you an attorney in court. They will have someone also accompany you to court so you do not have to go alone and this person will provide support to you. You also have the option of hiring a private attorney who will be devoted exclusively to your case that day.  They can assist you by preparing your petition and making sure all the necessary facts are set forth in your petition. You can ask for protection for up to three years and this protection can include absolutely no contact to restricted contact if you have children.  While the court can award custody and support as part of a PFA, you should file both those actions separately as well, especially support which will lapse if you do not file for it.

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