HOW TO GET PROTECTION

If you have been assaulted, contact your local police department. If you need to file for a protection order and the courthouse is closed or a judge is not available, papers may be filed before a District Justice or Municipal Court Judge.

Domestic violence services are offered in every county in Pennsylvania. These services include crisis hotlines, shelters and legal advocacy. Your local domestic violence hotline is available 24 hours a day, and a counselor may be able to help you seek a protection order. Check the blue pages of your local telephone directory for such services.

WHAT IS ABUSE?

Under the Protection From Abuse Act, abuse is defined as any of the following:

1. Attempting to, or intentionally or recklessly causing bodily injury, serious bodily injury, rape, spousal sexual assault or involuntary deviate sexual intercourse with or without a deadly weapon;

2. Placing another, by physical threat, in fear of serious bodily injury;

3. False imprisonment, as defined under the crimes code;

4. Physically or sexually abusing minor children; and/or

5. Stalking a person and placing that person in reasonable fear of bodily injury.

The Act doe not cover emotional or mental abuse.

WHO CAN FILE FOR PROTECTION UNDER THE ACT?

You can file for protection if the person who has or is trying to harm you is:

1. or was your spouse;

2. or was living with you in a common-law marriage or as your boyfriend/girlfriend;

3. the parent of your child;

4. your child;

5. or was a sexual or intimate partner;

6. your parent; or

7. related to you by blood or marriage.

An adult or a minor living on his/her own can file for a protection order. If the abused person is a minor, then a parent, adult household member or guardian ad litem can file for protection on behalf of the child.

HOW AND WHERE CAN I FILE FOR A PROTECTION ORDER?

Filing procedures are different in every county. Please contact your local crisis hotline, domestic violence shelter or legal services office for more information on the filing procedures in your county.

HOW DO I GET A TEMPORARY PROTECTION ORDER AFTER FILING A PETITION FOR PROTECTION FROM ABUSE?

After filing a petition for a protection from abuse (known as a PFA), either in open court or in chambers, depending upon local county procedures, a judge will review the case to determine if a temporary protection order should be granted. If the judge believes that abuse has occurred, he/she will issue a temporary protection order and schedule a final hearing that must be held within 10 days.

HOW IS THE ABUSER NOTIFIED OF THE TEMPORARY PROTECTION FROM ABUSE?

The abuser must be served with notice of the temporary protection order and the hearing date. Generally, the sheriff's department or a local law enforcement agency will serve the court order on the abuser; those arrangements will be explained or set into motion once a temporary abuse order has been obtained. Once the abuser is served, he/she can be arrested for violating the any of the terms of the court order.

HOW DO I GET A FINAL PROTECTION ORDER?

A hearing will be held, and the judge will listen to the facts of your case. Normally, the local legal services office will represent petitioners, but they are entitled to bring their own attorney to represent them at the final PFA proceeding. The abuser has the right to be present, have an attorney represent him or her, cross-examine the petitioner and his/her witnesses, and present a case for himself or herself. If the judge agrees that abuse has occurred, a final protection order will be issued for up to 18 months.

WHAT PROTECTION WILL I RECEIVE?

A protection from abuse order can:

1. direct the abuser to not abuse, threaten, harass or stalk you;

2. direct the abuser to stay away from the house or apartment where you live, even if that is also the abuser's home;

3. direct the abuser to stay away from your school or where you work;

4. direct the abuser to refrain from harassing you or your relatives;

5. prohibit the abuser from having any guns or gun permits;

6. direct the abuser to pay you for losses resulting from the abuse. These could include medical bills and lost wages;

7. direct the abuser to attend a batterer's counseling program (depending on jurisdiction); and

8. allow the judge to grant any other relief deemed necessary to bring an end to the abusive situation.

Any order entered by the court can be made for a period of up to eighteen months. The court can also award you temporary custody of your children and may grant you temporary support for yourself and/or the children of the abuser.

WHAT HELP IS AVAILABLE AT NIGHT, ON WEEKENDS OR WHEN THE COURTHOUSE IS CLOSED?

In case of an emergency or if you've been assaulted, contact your local police department. If you are in immediate and present danger of abuse, a petition for protection from abuse may be filed with a district justice, or in Philadelphia, before a Municipal Court Judge. If the hearing officer believes that you are in immediate danger, he/she can grant you an emergency protection from abuse order. The hearing officer will then advise you on what procedures need to be followed to obtain a final protection from abuse order.

WILL MY PROTECTION ORDER BE ENFORCED IN ANOTHER COUNTY?

Yes, The Pennsylvania State Police maintains a registry of all protection from abuse orders issued throughout the Commonwealth. A court will enforce a valid protection order that is issued in another county and recorded in the Pennsylvania State Police Registry.

WHAT IF THE ABUSER VIOLATED THE ORDER?

You should immediately call the police and report the violation. A police officer can arrest the abuser, even if he/she does not witness the abuse. After an arrest, the officer must take call weapons used or which were threatened to be used during violation of the order or during prior incidents of the abuse. An abuse charged with the contempt of a protection order can face criminal charges for the acts committed that were in violation of the order. After a hearing, the court can find the abuser in contempt and sentence him/her to prison for up to six months and/or fined up to $1,000.

WHAT IF I WANT TO LIVE WITH THE ABUSER AFTER RECEIVING A FINAL PROTECTION ORDER?

Any provision that an abuser must not abuse the victim(s) remains in effect even if the parties are living together. However, either you or the abuser should file papers with the court asking the court to change the order to read that the abuser may live with the abused, but still must not abuse the victim(s).

DOMESTIC VIOLENCE PROGRAMS

Domestic violence services are offered in every county in Pennsylvania. These services include crisis hotlines, sage homes or shelters, legal advocacy, community education, counseling, systems intervention, transportation, as well as information and referral. A domestic violence counselor may be available to help an abused person seek a protection order. Your local domestic violence hotline is available 24 hours a day, and all services are confidential. For more information, look in the blue pages of your local phone book.