Under the Protection From Abuse Act, abuse is defined as any of the following:
The Act does not cover emotional abuse.
Domestic violence services are offered in every county in Pennsylvania. These services include crisis hotlines, safety planning, safe homes or shelters, legal advocacy, community education, counseling, systems intervention, transportation, as well as information and referral. A domestic violence hotline is available 14 hours a day, and all services are confidential. For more information, look in the blue pages of your local phone book.
You can file for protection if the person who has threatened or is trying to harm you is:
An adult or emancipated minor can file for a protection order. If the abused person is a minor, then a parent, adult household member of guardian ad item can file on behalf of the child.
After filing a petition for protection from abuse, a judge will review the case to determine if a temporary protection order should be granted. The judge's decision at the temporary order proceeding is based only on one person's statement – the person who is claiming to be abused. If the judge believes that abuse has occurred, he/she will issue a temporary protection of order and schedule a final order hearing that should be held within 10 days.
Sets forth temporary restrictions against the abuser meant to immediately protect the person(s) filing for protection. Only the person ("party") seeking protection and witnesses (if any) for that person give statements. Sets the hearing date for the final order hearing. Expires after 10 days, unless extended.
Sets forth restrictions against the abuser meant to protect the person(s) filing for protection for as long as the order lasts. (see below) At the hearing, both people ("parties") provide evidence, and witnesses for both can testify. Can be for a period of up to 18 months, unless extended.
The abuser must be served with notice of the temporary protection order and the final order hearing date. Generally, the sheriff's department on a local law enforcement agency will serve the court order on the abuser. Once the abuser is served, he/she can be arrested for violating the terms of the court order.
A final protection order can be granted in two ways, either after a hearing or by an agreement between both parties. If there is a final order hearing, both the person claiming to be abused and the alleged abuser are given a chance to tell the judge their side of the case and provide evidence. The judge can grant the final protection order, or deny the final order request and dismiss the protection order case.
The person seeking protection and the abuser can also have a final protection order entered by agreement. The parties can give the judge a written agreement before or at the time of the final order hearing. The parties can also appear before the judge at the scheduled time of the hearing and tell the judge the terms of their agreement on the record.
The judge may issue the final protection order for up to 18 months.
The court may grant any protection order or approve any agreement meant to bring an end to the abuse. A protection from abuse order may include some or all of the following:
The addresses of domestic violence agencies/shelters are protected by law. In addition, if you request address confidentiality, and a judge decides that you are in danger, the judge can direct police, social service agencies, and school districts to keep your address and telephone number confidential.
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.
Yes, if it is a final order issued after the abuser received notice of the hearing and had the opportunity to be involved in that hearing, even if the abuser failed to appear or the order was entered based on an agreement.
If the abuser violates any terms of the order ("provisions") designed primarily for your safety, such as provisions that keep the abuser from your home, provisions regarding child custody and provisions that specify no abuse, no contact, no harassment, and/or no stalking, 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. If the abuser used or threatened you with any weapons during past abuse, or while violating the order, the officer must take all those weapons after the arrest.
An abuser can be charged with "contempt of a protection order" for violating the order. After a hearing, the court can find the abuser in contempt and sentence him/her to jail for up to six months and/or fine up to $1,000. The abuser can also face other criminal charges.
You can also file a private complaint for enforcement of the protection from abuse order.
If the abuser fails to comply with provisions that require you losses be repaid, or certain other provisions, you may file a civil contempt complaint.
Because the order is a legal document, only a judge can change restrictions or terms in the order; the parties themselves cannot make different arrangements. If you want to change the order, you must file a petition with the court asking that the order be changed or "modified."
Any provisions that an abuser must not abuse the victim(s) remains in effect even if the parties are living together. However, if you choose to live with the abuser after receiving an order excluding the abuser from your home, you should file papers with the court asking the court to change the order to read that the abuser may live with you, but still must not abuse you and/or other people named in the order.