A protection from abuse order is a type of protective order that is available to family members or intimate partners of someone who allegedly abused them in Pennsylvania. The Protection from Abuse Act, which was first passed in 1990, allows for these orders.
If a protection from abuse order is granted by a court, then the alleged abuser will be prevented from doing certain things, like having contact with the person who made the accusation. If you are the named defendant in a protection from abuse order and you want it dismissed, then you need to understand the legal process involved to do so. If you have any questions, it is very important that you speak with a criminal defense lawyer who has experience with these types of cases.
Protection From Abuse Orders Explained
A protection from abuse order is a type of protective order that can be granted to protect someone from being physically or sexually abused by someone they know. If someone feels like they are in danger, they can ask for a protection from abuse order. If there is a protection from abuse order in place, then any violations can result in the abuser getting arrested and charged with a crime. The protection from abuse order will be enforced anywhere in the country as long as it is still active and has not expired.
Who Can Petition for a Protection From Abuse Order?
A protection from abuse order is a type of court protective order that helps keep someone safe from abuse. The person who asks for the order is called the petitioner, and the person who is accused of abuse is called the defendant. In order to be eligible for a protection from abuse order, you have to be in a relationship with the defendant that qualifies as domestic.
A qualifying domestic relationship is defined as one that is either a family relationship or a romantic relationship of some kind. Examples include spouses, dating partners, and relatives that live together. The relationship does not have to be current to be considered a qualifying domestic relationship.
To petition for a protection from abuse order, you must be 18 years old or older. If someone who is under 18 years old wants to petition for a protection from abuse order, then an adult must do it for them. If someone does not meet the qualifications for a protection from abuse order, they might be able to get a different type of protective order under state law.
What Types of Allegations Can Result in a Protection From Abuse?
Protection from abuse orders are requested in the local family court. When filling out a restraining order petition, it is important to include a detailed explanation of what happened. This should include the date, time, and location of the alleged incident. Protection from abuse orders are available for the following actions:
- Sexual assault
- Threats of assault
- Physical or sexual abuse of a minor child
- False imprisonment
There are a few types of allegations that are not considered abuse under Pennsylvania law, including mental or emotional abuse and arguments regarding custody issues relating to children in common. Protection from abuse orders are generally only authorized if there is some type of physical abuse or threat of physical abuse present. If the judge feels a protection from abuse order is necessary to protect the alleged victim, then the judge will issue one.
In Pennsylvania, assault is defined under the Pennsylvania Consolidated Statutes at Title 18, Chapter 27. Assault involves someone attempting to cause a bodily injury to another. It can also involve the threat of causing bodily injury or putting someone in imminent fear that they will be harmed by a weapon causing bodily injury.
Simple assault is a second-degree misdemeanor in Pennsylvania that can result in up to one to two years in prison and a fine between $500 and $5,000. If the assault was intended to cause a serious bodily injury, then the charge can be enhanced to an aggravated assault offense which can result in significant prison time.
What Can Happen From an Assault Accusation?
If you are accused of assault by a family member, then you can find yourself facing both a protection from abuse case and a criminal case. These cases would operate independently of each other, and both can result in protective orders against you. These orders can range from no contact with the alleged victim or other family members and can even result in you being forced to move out of the home that you share with your family. Protections from abuse are civil orders that can turn criminal if violations are alleged, and assault charges are criminal accusations that can result in jail time, fines, and other requirements from the court.
How An Attorney Can Help
If you are involved in a protection from abuse case, it is important to understand how the order can affect your life. A protection from abuse order can keep you from seeing or speaking to a family member or intimate partner. If you want to cancel the order, make sure you have help from a lawyer so that you do not make any mistakes that could lead to criminal prosecution. If you have questions, then call us at the Lento Law Firm so we can help!
Contact the Lento Law Firm Today
If you have questions about how to get a protection from abuse order canceled, then it is important that you speak to an experienced attorney. It is important to understand the protection from abuse process to effectively prepare and present your protection from abuse order case. To learn why the Lento Law Firm is the right choice, call toll-free at 888-535-3686 or contact us online.