Domestic violence is unfortunately a major problem in Pennsylvania. In 2023, 119 Pennsylvanians lost their lives to domestic violence. Carbon County takes domestic abuse seriously for this reason and makes it as straightforward as possible to get a Protection from Abuse (PFA) order. The goal is to get victims of violence the protection they need.
If you're involved in a PFA or domestic violence matter in Carbon County, whether as the victim or the accused, the LLF Law Firm's Family Law Team can provide the legal support you need. We help with domestic violence cases in Carbon County and throughout Pennsylvania, ensuring our clients' rights are protected. Call the LLF Law Firm today at 888-535-3686 to schedule a consultation, or fill out our contact form.
Domestic Violence Examples in Carbon County
Domestic violence involves committing an act of abuse against a family member, household member, intimate partner, or someone with whom you share a child. Under Pennsylvania law, domestic violence includes but is not limited to:
- Intentionally or recklessly causing bodily harm, such as assault or rape
- False imprisonment, restricting someone's movement against their will
- Actions that create a reasonable fear for personal safety
- Sexual abuse or child abuse
- Patterns of behavior that instill fear of bodily harm
Domestic violence is not limited to physical acts like hitting, kicking, or shoving. It can also include stalking, harassment, and other forms of intimidation.
Get Protection as a Domestic Violence Victim in Carbon County
In certain situations, a person accused of domestic violence may be arrested, but only if their actions qualify as a criminal offense. For many victims, the most accessible form of protection is getting a PFA. A PFA is a civil court order that provides legal protection for victims of domestic abuse. It prohibits the accused individual from approaching or contacting the victim. If they violate the terms of the PFA, they may face arrest.
Filing a PFA Order in Carbon County
You can file for a temporary PFA at the Carbon County Courthouse, in the Prothonotary's Office on the first floor. The courthouse is at 4 Broadway, Jim Thorpe, PA. You can print and fill out the form before arriving or fill it out with the help of the staff in the Prothonotary's Office. Once the form is complete, you will meet with a judge, who will decide whether to grant you a temporary PFA. If you get the temporary PFA, the Prothonotary's Office will give you a copy of the order, which you must take to the Sheriff's Office, so that law enforcement can serve the defendant (the accused person) with the PFA.
If the courthouse isn't open, you can go to your local law enforcement department and ask for a PFA.
Final PFA Hearing
After the temporary PFA is approved, the court schedules a hearing between the two parties. Both will be able to present their side of events and both are allowed to have legal representation. The hearing takes place before a judge, who decides if the temporary PFA becomes final or gets dismissed.
Getting a temporary PFA is relatively simple and you may not necessarily need an attorney's assistance. The staff at the courthouse are usually available to help you with the process, though they can't give you any legal advice.
The final PFA hearing is another matter, however. Having an attorney with you, whether you're the victim or the accused, is crucial if you want a favorable outcome. The judge will expect you to know proper procedure, rules of evidence, and generally how to conduct yourself. If you don't know these things and don't have the time to learn them, you should contact the LLF Law Firm. Our Family Law Team knows what to expect at final PFA hearings in Carbon County so we can prepare your case with meticulous detail.
Appealing a PFA in Carbon County
Either party can appeal a PFA ruling in Carbon County. You can file a Motion for Reconsideration with the court or by appealing directly to the Superior Court of Pennsylvania.
A Motion for Reconsideration must be filed within 10 days of the hearing date, while an appeal to the Superior Court must be submitted within 30 days. However, an appeal isn't an opportunity to reargue the entire case. You must have legal grounds for the appeal, such as a misapplication of the law by the judge or a fundamentally unfair decision.
The LLF Law Firm can assess whether you have valid grounds for an appeal and guide you through the next steps. We can also prepare the Motion for Reconsideration for you and represent you at any additional hearings or meetings.
Consequences of a Protection from Abuse Order in Carbon County
A PFA imposes restrictions on the defendant, including prohibiting contact with the accuser and staying away from their vicinity. If you share a home with the victim, you may be required to leave, even though you could still be responsible for mortgage or rent payments.
A final PFA order typically lasts three years, but it can be renewed multiple times, creating uncertainty about how long the restrictions will remain in place. For many defendants, this could mean an extended or indefinite period of separation from their home or children.
Violating a civil order can lead to criminal charges, so it's crucial to take a PFA as seriously as a criminal conviction. If you're unsure about compliance, receive contact from the accuser, or if you're the victim and wish to reconcile, consult the Family Law Team at the LLF Law Firm right away.
Domestic Violence and PFA Case Help in Carbon County
A PFA case is complex and emotionally jarring. Whether you're the victim or the accused, being involved in a domestic violence case can quickly become overwhelming. The LLF Law Firm can guide you through the process and advise you on how best to proceed at every step. We can handle the legal side of things so you can focus on your safety.
Call 888-535-3686 or fill out our contact form to schedule a consultation. We're ready to assist you with your PFA case.
