Across Pennsylvania, domestic violence is understood as a complex problem with serious consequences for parents and children, partners and spouses, and within families or households. Within the civil courts, a legal system has evolved to support families and individuals threatened by or exposed to domestic violence.
If you are involved in domestic violence proceedings in Schuylkill County, the LLF Law Firm Family Law Team can help. Whether you live in the county's larger cities, such as Pottsville, Tamaqua, Schuylkill Haven, and Shenandoah, or a smaller community, our experienced attorneys can develop and execute a comprehensive legal strategy to protect you and your future.
To discuss your domestic violence case and prepare for any Protection From Abuse (PFA) order proceedings in Schuylkill County, contact the LLF Law Firm offices at 888-535-3686 or submit a confidential online consultation form.
Domestic Violence in Pennsylvania
Pennsylvania's Protection From Abuse Act creates a state-wide system intended to aid victims of domestic abuse. The statute broadly defines domestic abuse to include the following acts if taken against a family or household member:
- Rape.
- Involuntary deviate sexual intercourse.
- Sexual assault and statutory sexual assault.
- Aggravated indecent assault, indecent assault, or incest with or without a deadly weapon.
- False imprisonment.
- Physical or sexual abuse of children.
- Stalking.
Family or household members can include spouses, ex-spouses, former or current intimate partners, parents, children, and individuals who share a biological child.
How to Apply for a PFA Order in Schuylkill County, Pennsylvania
A PFA order is a restraining order intended to restrict or limit the conduct of an accused domestic abuser. In Schuylkill County, a petition for a PFA order can be filed at the Schuylkill County Courthouse in Pottsville. At the courthouse, specific paperwork is completed to request a PFA order. If a minor child requires a PFA order, a parent, adult household member, or guardian ad litem can file the request on the child's behalf.
After completing the materials, a judge reviews the paperwork with the applicant. If the judge believes a restraining order is warranted, they will issue a temporary PFA order and schedule a final order hearing to be held within 10 business days.
The accused abuser receives notice of the temporary PFA order and the final order hearing date. The Schuylkill County Sheriff's Office or another local law enforcement agency will provide the temporary PFA order and final hearing information to the alleged abuser.
The judge then holds the final hearing on the PFA order, reviewing information, evidence, and testimony provided during the hearing. Based on the evidence and Pennsylvania law, the judge decides whether to grant the final PFA order or to dismiss the case.
Either party can challenge the judge's decision by filing a motion for reconsideration with the same judge within 10 days. Alternatively, an appeal can be filed with the Pennsylvania Superior Court within 30 days. The LLF Law Firm can work with you to determine if a motion for reconsideration or appeal would be appropriate. We can also discuss alternative strategies to protect and further your best interests.
If you are involved in a PFA order proceeding, the Family Law Team at the LLF Law Firm can help. Whether you are preparing for an initial PFA hearing, filing an appeal, or seeking a modification of an existing PFA order, our experienced attorneys are ready to advocate for you and your legal rights.
How Do PFA Orders Restrict the Behavior of the Accused Abuser?
Terms included in PFA orders vary depending on the circumstances of a specific case; however, most will identify conduct or behaviors that the accused abuser must avoid. The terms of a PFA order may include restrictions or prohibitions on contact between parties, directives that the alleged abuser avoid visiting the home, work, or school of their accuser, and requirements that the accused abuser relinquish weapons and/or gun permits.
PFA orders can also include child custody arrangements and spousal support requirements. The issuance of a PFA order will likely become part of any ongoing or subsequent family law matter.
Are PFA Orders the Same as Criminal Court Convictions?
A PFA order is not a criminal conviction. PFA order proceedings occur in Pennsylvania's civil courts.
An individual accused of domestic abuse in a PFA order proceeding might never be charged or prosecuted for a crime. Alternatively, the alleged abuser in a PFA order proceeding could be arrested and face prosecution for felonies or misdemeanors committed against household or family members.
What Happens if an Accused Abuser Violates a PFA Order?
It is a criminal offense to violate a PFA order. A person found guilty of violating a PFA order may face fines of up to $1,000 and up to six months in jail. Repeated violations may lead to additional criminal charges and harsher sanctions.
The LLF Law Firm Can Help You Navigate Any PFA Order Proceeding
The personal and legal consequences of domestic violence can be devastating and often feel extremely isolating. With the LLF Law Firm Team on your side, you are not alone. Our experienced family law attorneys can work with you to develop and execute a comprehensive legal strategy, including:
- Preparing and submitting documents for a PFA order hearing.
- Collecting and analyzing evidence, such as emails, voice or text messages, hospital or medical records, and police reports, for submission to the court.
- Preparing you and any other witnesses to provide testimony during a PFA order hearing.
- Representing you and your best interests in all court conferences, hearings, and proceedings.
- Assisting you with any modification or extension petitions if you want to change the terms of the PFA order.
- Serving as your trusted legal advisor before, during, and after any PFA order proceedings.
Let the LLF Law Firm navigate Pennsylvania's domestic violence legal system on your behalf, and you can focus on your future. Contact our offices at 888-535-3686 or complete our online form.
