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How PFA Orders Can Impact Child Custody in Pennsylvania

Posted by Joseph Lento | Feb 17, 2022 | 0 Comments

In November 2021, Jana Russo filed for a temporary protection-from-abuse (PFA) order against her estranged husband, David Russo, Greene County District Attorney. She alleges that Russo has a history of drinking heavily and becoming violent with her and their children. She further claims that the situation became so untenable she began taking the children to stay elsewhere on weekends for their own safety. District Attorney Russo disputes his estranged wife's accounts, alleging that she is using the PFA as leverage in their child custody battle.

Whatever the outcome of this case, there's no doubt that a PFA order in Pennsylvania can seriously impact a custody case. Let's take a look at how it works.

What Is a PFA Under Pennsylvania Law?

A PFA is an order intended to protect victims of domestic violence. Family court judges grant it to individuals requesting legal protection from abuse or threat of abuse from a family member, household member, or co-parent. The order demands that the alleged abuser stop the abuse, threat of abuse, stalking, or harassment of the individual who has filed the order. If the suspected abuser continues their actions, they can face serious legal consequences.

A PFA may be emergency, temporary ex parte, or final. An emergency PFA is one that the requesting person (plaintiff) requests through the local police department for immediate protection. It usually only lasts until the court can issue a temporary ex partePFA the next day. A temporary ex parte PFA is one that the court issues, lasting until a final PFA hearing can be scheduled, which is usually about ten days. The final PFA is one that the court issues after having heard the plaintiff and defendant's positions. This one can last up to three years.

How PFAs Impacts Child Custody

A PFA can impact a defendant's custody rights. If a plaintiff alleges that their children are in danger of being abused by the defendant, the PFA can extend to the children. A PFA order typically supersedes custody and visitations rights and arrangements, which means the defendant will not be allowed to see or visit their children while the PFA is in effect. The court will even report the PFA to the child's school so they will be aware of the situation and take steps to prevent the defendant from contacting the child.

If you are a defendant, you may challenge the PFA through the courts, but you will still be prohibited from seeing your child as long as it is in effect. If you violate the PFA's terms, a judge may find you in criminal contempt of court, and you may face up to six months in jail and pay a fine of as much as $1,000. Once the PFA expires, you may be entitled to see your children again. However, if you violated the PFA or a previous custody order, you might be denied custody.

PFA Family Law Attorney in Pennsylvania

PFA orders come with very serious consequences, particularly in child custody cases. If someone has filed a PFA against you, it's essential to have a skilled and knowledgeable Pennsylvania family lawyer who will fight fiercely for your rights. Give Attorney Joseph D. Lento and the Lento Law Firm a call. We stand ready to help you understand your rights and decide on the best course of action. Call us today at 888-535-3686.

About the Author

Joseph Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in Pennsylvania New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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Attorney Joseph D. Lento has unparalleled experience practicing Family Law in Pennsylvania. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph D. Lento will go above and beyond the needs for any client and fight for what is fair.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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