What is Abuse?

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

• 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
• Placing another in reasonable fear of imminent serious bodily injury
• False imprisonment, as defined under the crime code
• Physically or sexually abusing minor children
• Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, under circumstances which place the person in reasonable fear of bodily injury.

The Act does not cover emotional abuse.

Domestic Violence Programs:

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.

Who Can File for Protection Under The Act?

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

• or was your spouse
• or was living with you in a common-law marriage or as your boyfriend/girlfriend
• the parent of your child
• your child
• or was a sexual or intimate partner
• your parent
• related to you by blood or marriage

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.

How Do I Receive A Temporary Protection Order After Filing A Petition For Protection From Abuse?

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.

What Is The Difference Between A Temporary And A Final Protection Order?

Temporary Order:

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.

Final Order:

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.

How Is The Abuser Notified Of The Temporary Protection From Abuse Order?

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.

How Do I Get A Final Protection 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.

What Protection Can The Court Order?

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:

• direct the abuser not to abuse, threaten, harass or stalk you or your minor children (temporary or final order)
• direct the abuser to stay away from the house or apartment where you live, even if that is also the abuser's home (temporary or final order)
• direct the abuser to stay away from your school or where you work (temporary or final order)
• direct the abuser to refrain from harassing you, your friends or your relatives (temporary or final order)
• Prohibit the abuser from having any guns or gun permits (temporary or final order)
• award you temporary custody of your children, and depending on the degree of abuse, award visitation or supervised visitation or deny visitation to the abuser (temporary or final order)
• grant you temporary support for yourself and for the abuser's children (final order only)
• direct the abuser to pay you for losses resulting from abuse. These could include, for example, medical bills, lost wages, relocation expenses, and attorney's fees (temporary or final order)
• grant any other relief or terms necessary to bring an end to the abuse. Sometimes this relief will include requiring the abuser to attend a domestic violence program (temporary or final order)

I Am Afraid Of My Abuser And Am In Hiding. Can I File For Protection And Keep My Address A Secret?

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.

Is My Protection Order Enforceable 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.

Is Another State's Final Protection Order Enforceable in Pennsylvania? Is A Pennsylvania Protection Order Enforceable In Another State?

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.

What If The Abuser Violates The Order?

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.