Once you are served with a Protection From Abuse order in Pennsylvania, the temporary order takes effect immediately and a final hearing will be scheduled within 10 business days. What you do in those 10 days can shape the outcome of your case, so it helps to understand the process right away.
What Is a Temporary PFA Order?
A temporary PFA is issued by a judge after hearing only from the person requesting it, without you present. If granted, it takes effect the moment you are served, usually by a sheriff’s deputy or police officer. The temporary order typically includes no contact provisions and may require you to stay away from a shared home, even if your name is on the lease or deed.
The temporary order stays in place until your final hearing.
What Happens at the Final PFA Hearing?
Both sides attend the final hearing, and both can present evidence and testimony. A judge can dismiss the petition, grant a final PFA order for up to three years, or the parties can reach an agreement without either side admitting to abuse. Missing this hearing can result in a final order being entered against you by default, so attendance matters.
What Are the Consequences of a PFA Order?
A PFA carries consequences beyond the no contact provisions. A final PFA order typically requires you to relinquish any firearms you own for the duration of the order. It can also affect custody arrangements, housing, and in some cases professional licensing. A PFA is a civil matter, not a criminal charge, but violating one is a criminal offense that can lead to arrest.
Can a PFA Be Contested or Dismissed?
Yes. You have the right to contest a PFA at the final hearing and present your own evidence. If a final order is entered against you, you generally have 10 days to file a motion for reconsideration. An attorney can help you prepare for the hearing, gather evidence, and make sure the order that is entered, if any, is no broader than what the facts support.
Frequently Asked Questions
How long does a temporary PFA last in Pennsylvania?
A temporary PFA lasts until the final hearing, which is typically scheduled within 10 business days of when the order is issued.
Do I have to move out of my house if I am served a PFA?
A temporary PFA can require you to leave a shared residence, even if you own or lease the property, until the final hearing takes place.
Can I own firearms if I have a PFA against me?
A final PFA order generally requires you to relinquish any firearms for the duration of the order. Violating this provision is a separate criminal offense.
What happens if I violate a PFA in Pennsylvania?
Violating a PFA order is a criminal offense. Police can arrest you immediately, and you may face contempt charges in addition to any new criminal charges.
Can a final PFA be appealed or modified?
Yes. You can file a motion for reconsideration within 10 days of a final order, and either party can later petition to modify or terminate the order if circumstances change.
Served With a PFA in York County?
Ten business days goes by fast, and what happens at your final hearing can affect your home, your custody rights, and your record. Call Kearney Law at 717-668-8159 to talk through your situation with attorneys who understand both sides of these cases.
