Westmoreland County is one of the most unique and vibrant counties in Pennsylvania. It combines proximity to Pittsburgh with some of the country’s most beautiful wilderness and parks. Whether you are from historic Ligonier, Avonmore, Murrysville, or elsewhere in Westmoreland County, you live in one of the most beautiful places in the US. But Westmoreland has seen rising numbers of domestic violence cases and orders in recent years. Westmoreland County’s Court of Common Pleas handles domestic violence issues in the County and is responsible for Protection from Abuse orders.

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

Domestic Violence in Westmoreland County

In Westmoreland County, domestic violence may take many forms, including assault, threats of assault or violence, or other forms of abuse. Domestic violence may also involve behavior that causes fear, such as stalking or harassment. Some allegations of domestic violence involve rape or other sexual offenses. Domestic violence cases range from threats of harm up to assault with a deadly weapon. Pennsylvania law provides that if a person has a reasonable fear of injury, they may be a victim of domestic violence.

Who Can Allege Domestic Violence

In Westmoreland County and throughout Pennsylvania, domestic violence crimes must involve family or household members. The Pennsylvania Protection Against Abuse Act defines a household member as:

  • A spouse or ex-spouse.
  • A co-parent or person with whom you share a child.
  • An intimate partner, current or previous.
  • A roommate.
  • A parent or grandparent.
  • A child or grandchild.

Domestic violence allegations can only be made by adults. If a child under 18 alleges domestic violence, an adult must petition the court on their behalf.

Who Can’t Allege Domestic Violence

Violence and other assaults in Westmoreland County are taken seriously under the law. But they do not constitute domestic violence if the accused and the victim are not family members or are not in other kinds of intimate relationships. If you strike a neighbor or friend, it is a crime, but it is not domestic violence (unless they are living with you or are a family member). Protection from abuse orders will not be available in non-domestic violence situations, although other types of restraining orders may be available.

Protections Available for Domestic Violence in Westmoreland County

The first and most important protection against domestic violence in Westmoreland County is to call the police. This is particularly true if you are in immediate danger. This will start a criminal process, but protections against domestic violence may be both criminal and civil in nature.

Criminal Charges

If the police receive a report of domestic violence, they will arrive and arrest the alleged abuser if they have probable cause. Probable cause is evidence of domestic violence, which might include apparent injury to the victim, or a video or audio of an altercation. This evidence may be an eyewitness who witnessed the abuse, or may simply be a red mark or bruise on the alleged victim. If the police feel they have probable cause of domestic violence, they must arrest the defendant, and they may also seize any firearms the defendant may possess.

Civil Protection Orders

Apart from criminal charges, the victim may also pursue a civil protection order. Protection from Abuse (PFA) Orders are essentially restraining orders against a person accused of domestic violence. A PFA may order the defendant not to:

  • Have or seek contact with the petitioner.
  • Be near the petitioner’s residence or home.
  • Go to the petitioner’s place of employment or the homes of the petitioner’s family members.
  • Seek context with the petitioner.
  • Call, email, or text the petitioner.

An alleged victim of domestic violence can seek a PFA order from the police or the court system. This may be done on an emergency basis. Generally, the first PFA is temporary and in place for no more than 10 days. During that time, a hearing is held before a judge, who may enter a final PFA, which will typically be in place for 3 years and may be renewed as required.

How to Request a PFA in Westmoreland County

Anyone seeking a PFA order in Westmoreland County may file for a Temporary PFA at the Westmoreland County Courthouse, Court of Common Pleas at 2 North Main Street in Greensburg. This filing may be done in the lobby from 8:30 to 12:00 noon. After hours, the filing must be for an emergency PFA and is heard by a Magistrate Judge via video call. Filings for an emergency PFA are typically done at a police station. Emergency orders are in place only briefly, until the end of the next business day for the Court of Common Pleas.

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 Westmoreland County, the final PFA hearing will occur at the Court of Common Pleas (County Courthouse) in Greensburg. The person filing for the PFA (petitioner) and the person against whom the PFA is sought (defendant) must both be present. This hearing will have significant consequences for both parties, potentially for years. Whether you are seeking a PFA or defending against one, it is vital to have experienced counsel and come prepared.

In Westmoreland County, the court will likely grant a final PFA if the petition is adequate and the defendant does not counter allegations. In 2023, 788 of 861 petitions filed in Westmorland County resulted in final PFA orders. If a petition is granted, either party may appeal within 30 days by filing with the Pennsylvania Superior Court.

How a Family Law Attorney Can Help With Domestic Violence Matters

If you or your family is dealing with domestic violence issues in Westmoreland County, call the LLF Law Firm. We can help whether you are seeking a PFA order or defending against one. Wherever you live in Pennsylvania, the LLF Family Law Team can represent you. Call us today at 888.535.3686 or tell us about your case online.

Domestic Violence

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