how to get a no contact order in pa

Daniel Parker

3 min read

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26-01-2025

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Pennsylvania offers legal protection through Protection From Abuse (PFA) orders, often referred to as no-contact orders. These orders are designed to protect victims of domestic violence, stalking, sexual assault, or other specified abuse. Obtaining a PFA order involves navigating the legal system, understanding the requirements, and presenting compelling evidence. This article outlines the process.

Understanding Pennsylvania's Protection From Abuse Orders

A PFA order is a court-issued order that legally prohibits an abuser from contacting or coming near the protected person. Violation of a PFA order is a serious criminal offense. The order can specify various restrictions, including:

• No Contact: Prohibiting all communication (phone, email, text, in-person, etc.).
• No Proximity: Restricting the abuser from being within a certain distance of the protected person's home, work, or children's school.
• Possession of Firearms: Potentially prohibiting the abuser from possessing firearms.
• Custody and Visitation: Addressing child custody and visitation arrangements.
• Eviction: Ordering the abuser to leave a shared residence.

Who Can File for a PFA Order in PA?

Anyone who has experienced abuse as defined by Pennsylvania law can file for a PFA order. This includes:

• Adults: Victims of domestic violence, stalking, sexual assault, or other forms of abuse.
• Minors: A parent or legal guardian can file on behalf of a minor child who has been abused.
• Family Members: The definition of "family or household members" is broad and includes current or former spouses, dating partners, those cohabitating, and even blood relatives.

How to File for a PFA Order in Pennsylvania: A Step-by-Step Guide

Step 1: Gather Evidence: Before filing, collect any evidence supporting your claim of abuse. This could include:

• Photos and Videos: Documenting injuries, threatening messages, or evidence of damage to property.
• Medical Records: Showing injuries sustained due to abuse.
• Police Reports: Filed reports related to incidents of abuse.
• Texts, Emails, and Voicemails: Documenting harassing or threatening communication.
• Witness Testimony: Statements from individuals who have witnessed the abuse.

Step 2: File the Petition: You must file the petition with the Court of Common Pleas in the county where you reside, or where the abuse occurred. The petition must include detailed information about the abuse and the abuser. You can often find forms online through the Pennsylvania court system website or seek assistance from a legal aid organization.

Step 3: Serve the Abuser: Once the petition is filed, you must legally serve the abuser with a copy of the petition and a notice of the hearing. This often involves law enforcement. Improper service can jeopardize your case.

Step 4: Attend the Hearing: The court will schedule a hearing where both you and the abuser will have the opportunity to present evidence and testimony. It is strongly recommended to have legal representation. The judge will then decide whether to grant the PFA order.

Step 5: Enforcement: If the PFA order is granted, the abuser is legally bound to comply. Any violation can result in arrest and criminal prosecution.

Questions About Obtaining a PFA Order in PA?

Q: What if I can't afford an attorney?

A: Legal aid organizations and pro bono attorneys can provide assistance to those who cannot afford legal representation. Contact your local bar association for referrals.

Q: How long does the PFA order last?

A: The length of a PFA order varies depending on the circumstances of the case. They can range from a few months to several years.

Q: What happens if the abuser violates the PFA order?

A: Violation of a PFA order is a criminal offense, and the abuser can face arrest, fines, and imprisonment. Contact law enforcement immediately if a violation occurs.

Seeking Help and Resources

Obtaining a PFA order can be a complex legal process. It's essential to seek assistance from legal professionals and support organizations experienced in domestic violence cases. Resources include:

• Pennsylvania Coalition Against Domestic Violence (PCADV): Provides information, support, and referrals.
• National Domestic Violence Hotline: Offers confidential support and resources.
• Local Legal Aid Organizations: Provide free or low-cost legal services.

Remember, seeking help is a sign of strength. Don't hesitate to reach out for support during this challenging time. You have rights, and you deserve protection.