Is someone abusing you? Stalking
you? Harrassing you? You may need a Protection from Abuse (PFA)
order requiring them to stop. If you or a loved one fears for
his or her well-being, our office may be able to help.
Or perhaps you may need someone to
help defend you against unfair PFA allegations.
Regarding Protection from Abuse Matters, below
is an abbreviated and very summarized version of part of what
the Pennsylvania Pa.R.C.P. and/or Pa.C.S.A. provides. (Please
note that this content may not be continuously updated, and thus
may not contain the most recent updates and/or revisions of the
Pennsylvania laws and supplemental information. This information
is provided for overview and information purposes, and is not
meant to be legal advice. It is always best to consult with an
experienced family law attorney, who utilizes much more than
the following information, including caselaw, statutory law,
and other resources to provide legal advice.):
Rule 1901.1. Venue.
(a) Except as provided in subdivision (b), an action for
protection from abuse may be brought in a county in which
(1) the plaintiff resides, either temporarily or permanently, or is employed,
or
(2) the defendant may be served, or
(3) the abuse occurred.
(b) If the relief sought includes possession of the residence or household
to the exclusion of the defendant, the action shall be brought only in the
county
in which the residence or household is located.
Rule 1901.2. Scheduling.
Each judicial district shall establish times when the court
will hear temporary Protection From Abuse matters.
Rule 1901.3. Commencement of Action.
(a) Except as provided in subdivision (b), an action shall
be commenced by presenting to the court or filing with the
prothonotary a petition setting
forth the alleged
abuse by the defendant. The petition shall be substantially in the form
set forth in Rule 1905(b) and shall have as its first page
the Notice of Hearing
and Order
set forth in Rule 1905(a).
(b) An action may be commenced by filing with the prothonotary a certified
copy of an emergency order entered pursuant to 23 Pa.C.S. § 6110.
Rule 1901.4. Service and Registration
of Order.
(a) Service of the petition and temporary order shall be
in accordance with Rule 1930.4.
(b) An Affidavit of Service substantially in the form set forth in Rule
1905(d) shall be filed with the prothonotary.
(c) Upon the filing of a protection order with the prothonotary, the
prothonotary shall transmit a copy of the order to the State Police PFA
Registry in
the manner prescribed by the Pennsylvania State Police.
Rule 1901.5. Enforcement.
(a) When an arrest is made for violation of an order, a complaint for
indirect criminal contempt shall be completed and signed by either a
police officer
or the plaintiff. When the complaint is filed by a police officer, neither
plaintiff’s
presence nor signature is required.
(b) If an arrest is not affected, a complaint for indirect criminal contempt
may be completed and signed by the plaintiff pursuant to 23 Pa.C.S. § 6113.1.
Rule 1901.7. Decision. Post-trial relief.
(a) The decision of the court may consist of only general
findings of abuse but shall dispose of all claims for relief.
The court’s order shall be rendered
substantially in the form set forth in Rule 1905(e).
(b) No motion for post-trial relief may be filed to the final order.
Please contact Pittsburgh domestic
abuse and PFA lawyer Bethany
L. Notaro, Esq. for more information.