Adams County is one of the most historic and beautiful counties in Pennsylvania, with over 100,000 residents. It is a peaceful, rural place, but like other counties in Pennsylvania, it has seen rising numbers of domestic violence accusations since 2020. Adams County’s Court of Common Pleas addresses domestic violence issues in the County and handles the issuance of PFA orders.

If you face issues of domestic violence, whether you are seeking a Protection from Abuse (PFA) order or defending against one, the LLF Law Firm can help. Contact our Family Law Team today at 888.535.3686 or tell us about your case online.

Domestic Violence in Adams County

In Adams County, domestic violence can manifest in various forms, including threats of violence and aggressive behavior. It also encompasses actions that instill fear of harm, such as stalking and harassment. Domestic violence may involve sexual offenses, including rape or incest. It can range from simple assault to aggravated assault that involves a deadly weapon. Under Pennsylvania law, if a victim has a reasonable fear of bodily injury, it may be considered domestic violence.

Who Can Allege Domestic Violence

To allege domestic violence, the alleged abuser and victim must be family or household members. The Protection Against Abuse Act defines a household member as:

  • Roommate.
  • Spouse.
  • Person with whom you share a child (whether living together or not).
  • Intimate partner.
  • Ex-intimate partner.
  • Parent or grandparent.
  • Child or grandchild.

If a child under eighteen alleges domestic violence, they must have an adult petition the court.

Who Can’t Allege Domestic Violence

While violence is a possibility in any relationship, domestic violence is limited in Pennsylvania to those in family and intimate relationships. Neighbors or friends generally cannot allege domestic violence, and neither can coworkers or landlords. Other types of restraining orders or criminal charges may be available in these relationships, but domestic violence laws do not cover them.

Protections Available for Domestic Violence in Adams County

The protection available to those in immediate danger from domestic violence is to call the police as a criminal matter. However, protections available for domestic violence may also be civil.

Criminal Charges

If police are called regarding domestic violence, they will arrest the abuser if they have probable cause. Probable cause typically involves evidence of an injury, a video, audio, or other recording of the abuse, or an eyewitness who saw the abuse. When the police arrest the defendant, they may also seize any firearms the defendant may own or possess.

Civil Protection Orders

Protection from Abuse (PFA) Orders are critically important in cases of alleged domestic violence. A PFA order is essentially a restraining order against a person accused of domestic violence. These orders may prevent the defendant from:

  • Seeking contact with the petitioner.
  • Calling, texting, or emailing the petitioner.
  • Being near the petitioner’s home.
  • Going to a place where the petitioner is likely to be, such as their place of employment or the home of a close family member.

Victims of domestic abuse can request PFA orders on an emergency basis from the police or the court system. The first PFA is temporary and will typically be in place for 10 days until a hearing before the judge. After the hearing, a PFA becomes final, will be in place for 3 years, and may be renewed as required.

How to Request a PFA in Adams County

Anyone seeking a PFA order in Adams County must file with the Prothonotary’s Office in Gettysburg, Pennsylvania. (Prothonotary is a fancy term for the first notary of the court, or the person who will notify the judge of the filing.) The Prothonotary’s Office is at the Adams County Courthouse, located at 117 Baltimore Street, Gettysburg, PA 17325. This office accepts PFA filings until 3:30 pm on weekdays, but you may file an emergency order after the office closes.

The petitioner must file the original and two copies of the Petition, which must contain two important narratives:

  • A description of the abuse, threats, and injury, including the most recent call to law enforcement.
  • Prior acts of abuse against the petitioner or minor children, including injuries and threats, should be noted (approximately) when these acts occurred.

The petition should also contain information on any firearms believed to be in the defendant’s possession. If the court issues a temporary PFA order, it must be served through the police (or another server). The court will set a date and time for a final PFA hearing.

Final PFA Hearing

In Adams County, the final PFA hearing will take place at the County Courthouse. Both the petitioner and the defendant are required to attend the hearing. This is a critically important hearing, and if successful, it will result in an order in place for years to come. Whether you are seeking or defending a final PFA order, it is vital to come to the hearing prepared with experienced counsel. If you are served with notice of this hearing and fail to appear, the court will likely enter an order and may issue a bench warrant. So, being present and prepared at the Final PFA hearing is vital.

Impact of PFA Hearings on Related Proceedings

If there are pending criminal or family law matters related to the PFA, such as an ongoing custody or divorce case, the final PFA will not affect these pending cases but will affect them. If the court enters a PFA order against a defendant with a pending custody case, the PFA order will be heard as evidence in the custody case. PFA orders can have profound effects on pending custody cases.

The Outcome of PFA Hearings

In Adams County, the court is likely to grant a final PFA if the Petition adequately alleges domestic violence, and the defendant does not counter these allegations. In 2023, 178 of 209 petitions filed in Adams County resulted in final PFA orders. Either party may appeal a final PFA decision within 30 days by filing with the Pennsylvania Superior Court. If criminal charges are pending, a final PFA order does not mean the defendant will be found guilty—final PFAs do not affect criminal charges.

How a Family Law Attorney Can Help with Domestic Violence Matters

If you or your family is dealing with domestic violence issues in Adams County, call the LLF Law Firm. Whether you are seeking or defending a PFA order, we can represent you. Contact our Family Law Team today at 888.535.3686 or tell us about your case online.

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