Courts / Protection From Abuse
Protection From Abuse Questions & Answers
Under the Protection From Abuse Act, abuse is defined as any of the following:
- Attempting to, intentionally or recklessly causing bodily injury, rape, spousal sexual assault or unconsentual intercourse with or without a deadly weapon.
- Placing another, by physical threat, in fear of imminent serious bodily injury.
- False imprisonment.
- Physically or sexually abusing minor children.
- Stalking a person and placing that person in reasonable fear of bodily injury.
* The Act does not cover emotional, verbal or mental abuse.
You can file for protection if the person who has or is trying to harm you
- is or was your spouse
- is or was living with you in a common-law marriage
- is the parent of your child
- is your child
- is your parent
- is your sexual intimate partner
- is directly related to you by blood
* If the abused person is a minor, then a parent, adult household member or guardian can file on behalf of the child.
Yes.
There are costs that must be eventually paid when you file a protection from abuse order with the court. You will not have to pay any fees at the time of filing. However, at the time of the hearing the court will order either the alleged assailant to pay the costs, you pay the costs, the costs to be split by both parties. If you are successful and the court grants you the protection from abuse order, the costs are usually placed upon the alleged assailant. The court costs must be paid even if you choose to withdraw your petition and decide not to proceed with the case. If you do not appear at your scheduled hearing your case will be dismissed and the court will hold you responsible for all costs.
*Fees may be subject to change.
At the time of the hearing the judge will assess what the costs are. If you are held responsible for the costs, you must pay the
Prothonotary with the order of costs form. The Prothonotary’s Office is located on the first floor of the Chester County Justice Center at 201 W. Market Street in West Chester, PA. If the judge permits, you may also mail your payment by check or money order to:
The Office of the Prothonotary
201 West Market Street
Suite 1425, P.O. Box 2746
West Chester, PA 19380-0989
The Sheriff’s fees must be paid at the
Sheriff’s Office, in the Justice Center, at 201 W. Market Street, West Chester, PA. Again, if the judge permits, you may mail your Sheriff’s payment to:
201 W. Market Street
Suite 1201, P.O. Box 2746
West Chester, PA 19380-0989
* Credit cards and debit cards are not accepted.
If you are represented by counsel in any domestic relations matter (i.e. divorce, custody, support), you should contact your attorney for legal advice. However, if you do not have a lawyer, you must appear in person at the Chester County Justice Center, Family Court Administration Office, 201 West Market Street, 4th Floor, Suite 4100, West Chester, PA 19380-0989. There are no attorneys on staff to provide legal advice for you; the PFA Coordinator will assist you in filing the paperwork that is needed. The PFA Coordinator may not give you legal advice.
You must be abused (read definition above) in order to qualify for the PFA. The coordinator will assist you in completing the necessary paperwork and will explain the remedies to you under the PFA Act. After completing the paperwork, the coordinator will present your petition to the judge on your behalf.
You may call Family Court for an appointment.
*Protection orders can be filed Monday through Friday
(8:30 a.m. – 2:00 p.m.)
** Please take into consideration that the filing procedure for the protection from abuse order is a lengthy process lasting anywhere between 2-3 hrs. For this reason no petitions for protection orders may be started later than 2:00 p.m. Any later and the party runs a risk of the court closing before completing the procedure.
Please come prepared with the following information:
- names (all persons and parties)
- date of birth (all persons and parties)
- social security numbers (all persons and parties)
- address where the person may be found (including places that they frequent)
- any documentation relating to the case (ie. medical reports, police reports, or photographs)
- photograph of alleged assailant
- vehicle make, model, style, and license plate number of alleged assailant
- photograph of alleged injury from the assault
* Because the Justice Center does not have a day care program available, unless your minor child is the victim of the alleged abuse, please make appropriate child care arrangements to leave the child at home. If that is not possible, please bring someone to watch them while you are being assisted.
In case of an emergency or if you’ve been assaulted, contact your local police department or 911. If you are in immediate and present danger of abuse, a Petition for Emergency Relief from Abuse may be filed with the on call district court (police will provide you with the name of the on call emergency signing district justice). If the district justice believes that you are in immediate danger, he/she will grant you an emergency protection from abuse order.
* This protection order will expire at 4:30 p.m. the following business day. Be sure to contact the Family Court Administration Office as soon as possible, if you do want to pursue a permanent PFA Order.
After filing a petition for protection from abuse, a judge will review the case to determine if a temporary protection order should or should not be granted. If the judge believes a Temporary Order should be issued, he/she will issue a temporary protection order. All cases will then be scheduled before a judge in the Chester County Justice Center within 10 days.
The alleged assailant must be served with notice of the temporary protection order and the hearing date. The sheriff’s department or a local law enforcement agency will serve the court order on the alleged assailant. Once the alleged assailant is served, he/she can be arrested if there is another assault in violation of the terms of the court order.
A hearing will be held in front of a judge within ten days of filing your petition with the court, and the judge will listen to the facts of your case. If the judge finds that abuse has occurred, a final protection from abuse order will be issued. The length of the order can be from one (1) to eighteen (18) months.
A Protection from Abuse Order may contain the following relief:
- direct the alleged assailant not to abuse, threaten, harass or stalk you.
- direct the alleged assailant to stay away from the house or apartment where you live, even if that is also the alleged assailant’s home.
- direct the alleged assailant to stay away from your school or where you work.
- direct the alleged assailant to refrain from harassing you or your relatives.
- prohibit the alleged assailant from having any guns or gun permits.
- direct the alleged assailant to pay you for losses resulting from the abuse. These could include medical bills and lost wages.
- direct the alleged assailant to attend a batterer’s counseling program (depending on jurisdiction).
- award you temporary custody of your children and may grant you temporary support for yourself and/or the children of the alleged assailant (THIS MAY NOT APPLY IN ALL CASES).
- Terms of order may vary depending on each specific circumstance.
- If you are awarded custody/support you must follow-up by filing the appropriate custody/support actions in a timely manner. Do not wait until your order expires. Speak to an attorney prior to taking these actions for legal advice.
In most cases, yes.
The Pennsylvania State Police maintains a registry of all protection from abuse orders issued throughout the Commonwealth of Pennsylvania. Most out of state courts will enforce a valid protection order that is issued and properly filed in another state.
You should immediately call the police and report the violation. A police officer may arrest the alleged assailant, even if he/she does not witness the abuse. An alleged assailant 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 may find the alleged assailant in contempt and sentence him/her to prison for up to six months and/or fined up to $1,000 under Pennsylvania law.
Any provision that an alleged assailant must not abuse the victim(s) remains in effect even if the parties are living together. However, either you or the alleged assailant should file papers with the court asking the court to change the terms of the order to read that the alleged assailant may live with the alleged abused victim, but still must not abuse the victim(s). Failing to change the order may result in the alleged assailant being arrested and charged with contempt. Please speak with your attorney to file the appropriate paperwork.
All civil matters, including your PFA, get filed in the Chester County Office of the Prothonotary, located on the first floor of the Justice Center at 201 W. Market Street in West Chester, PA. You may go in person and request your copies.
These services include crisis hotlines, safe 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 or contact:
- The Crime Victims’ Center of Chester County
(610) 692-7420
- Rape Crisis Council
(610) 692-7273
- The Domestic Violence Center of Chester County
Toll Free 1(888) 711-6270
- Chester County Lawyer Referral Service at the Chester County Bar Association
(610) 429-1500
- Chester County Legal Aid
(610) 436-4510
14 E. Biddle St.
West Chester, PA 19380
