A protection from abuse order is a type of protective order that can be used by family members or intimate partners of someone who allegedly abused them. The Protection from Abuse Act, passed in Pennsylvania in 1990, authorizes courts to issue protection from abuse orders.
If a protection from abuse order is granted by a judge, then the person who made the accusation will be protected from the person who was accused. If you are the named defendant and you want a protection from abuse order dismissed, you need to understand the process and requirements to have one dismissed. If you have any questions, it is very important that you speak with a lawyer who has experience in these types of cases.
Protection From Abuse Orders Explained
A protection from abuse order is a court order that offers protection to someone who has allegedly been physically or sexually abused by someone they know. If someone believes that they are in danger of harm, they can petition the court for a protection from abuse order. If one is in effect, then any violations can result in the defendant's arrest and ultimately a criminal charge. Protection from abuse orders are enforceable anywhere as long as they are still valid and active.
Who Can Petition for a Protection From Abuse Order?
A protection from abuse order is a type of court order in Pennsylvania that helps keep someone safe from abuse with the threat of law enforcement. The person who requests 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. This means that you are dating, related to the defendant, or have lived together or had a child together.
A qualifying domestic relationship under Pennsylvania law is a family relationship or a romantic relationship. This could be between spouses, dating partners, or relatives who live together. The relationship between the parties does not have to be current to be considered a qualifying domestic relationship.
To request the court for a protection from abuse order, you must be at least 18 years old. If an individual under 18 wants to request the court for a protection from abuse order, then an adult must submit a petition on his or her behalf. Other protective orders can be authorized if the petitioner does not qualify for a protection from abuse order.
What Types of Allegations Can Result in a Protection From Abuse?
To get a protection from abuse order, you must petition your local family court. A complete restraining order petition includes a detailed explanation of the events and the relationship between the parties. Your petition must contain important information, such as the date, time, and location of the alleged incident. Protection from abuse orders can be authorized due to the following types of allegations:
- False imprisonment
- Sexual assault
- Threats of assault
- Physical or sexual abuse of a minor child
There are a few types of actions that are harmful but are not considered abuse under Pennsylvania law. These include mental or emotional abuse and arguments about custody issues between parents who have children together. If someone is facing imminent harm from a family member, then a protection from abuse might be necessary and can be authorized for any of the above allegations. If a judge grants a protection from abuse petition, then the provisions of the order will protect the person from future harm.
False Imprisonment Explained
In Pennsylvania, false imprisonment is defined under the Pennsylvania Consolidated Statutes at Title 18, Section 2903. False imprisonment 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.
False imprisonment where the accused is the parent of the victim is a second-degree felony in Pennsylvania that can result in five to ten years in prison and a fine of up to $25,000.
What Can Happen From a False imprisonment Accusation?
If you are accused of falsely imprisoning a family member, you might face two different legal cases. One is a protection from abuse case, and the other is a criminal case. These two cases would be separate from each other and could both lead to orders that keep you away from the person you allegedly imprisoned, as well as other family members. If you violate the provisions of a protection from abuse order, then you could end up going to jail. False imprisonment is a criminal charge that can result in a conviction and jail time as well.
How An Attorney Can Help
If you have a protection from abuse order issued against you, then it is critical to be aware of how it can affect your daily life. This order can keep you from seeing or speaking to a family member or intimate partner. If you want the court to cancel the order, then make sure that you have experienced help from a seasoned lawyer. Seemingly small mistakes can lead to criminal charges. If you have legal questions, then call us at the Lento Law Firm so we can help!
Contact the Lento Law Firm Today
If you have questions about a protection from abuse case or a false imprisonment charge, 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.