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Restraining Order Lawyer Pennsylvania

What Happens if You are Served a PFA Order / Restraining Order in Delco, PA?

If you were served with a Restraining Order, also known as a PFA Order, or Protection from Abuse Order in Delaware County, PA, Saadzoi Law can help answer your legal questions and provide legal defense to have the PFA Order lifted or expunged, or to defend any criminal charges you may also be facing.

Call Attorney Wana Saadzoi today for a free consultation if you were served a PFA Order or Restraining Order in Delaware County, PA – 610-566-5956.

Being Served a PFA Order – Emergency, Temporary & Final.

In Delco, a temporary PFA is ordered by a Court of Common Pleas Judge until a hearing is scheduled, usually within five to ten days.  A District Justice may also issue an emergency PFA Order.

You should speak with an attorney BEFORE the hearing. The hearing is where the Final PFA Order will be issued if the accuser wins the petition for the Restraining Order.

In many instances, there is little burden on the accuser to prove abuse took place. This is not a criminal hearing and is usually a “he said / she said” type of scenario. The accuser does not need to also file criminal charges for a Final PFA Order to be issued.

A final PFA Order can cause detrimental consequences and severely limit your rights and freedom for years to come.

Oftentimes, accusations of domestic abuse are often used to gain an upper hand in divorce proceedings, custody of children or to obtain rights over the home. People may also make false accusations out of revenge or rage.

In some circumstances, conflicts arise between partners that are later settled, but once a PFA petition is filed, it sets the process in motion.

Many people will accept the PFA Order because it is the easiest thing to do at the time, without thinking through the long-term restrictions this will have on your life. A violation of a PFA order can lead to an arrest, criminal charges, and jail time.

The best thing to do is contact an attorney as soon as possible and see how they may be able to assist you at the hearing, get the PFA Order lifted or the PFA Order expunged, and prepare a good defense against the accusations.

Just because you have been accused, does not mean that you are guilty or will be found guilty.

You have rights – and it is always worth fighting for them.

Get Aggressive Representation
Call Today for a Free Legal Case Evaluation

Contact Criminal Lawyer Wana Saadzoi Today.

What is a Protection from Abuse Order?

A PFA or Protection from Abuse Order, is also known as a Restraining Order. Typically these are issued against people of the same household or intimate partners.

In Pennsylvania, there are four types of PFAs:

  • Emergency PFA: if someone is in immediate and present danger, a magisterial district judge can issue a PFA;
  • Temporary PFA: issued for 10 business days until the final hearing is set by the court. A temporary PFA may be extended;
  • Continued Temporary PFA Orders, and;
  • Final PFA Orders: this is where the orders can be contested. Both the plaintiff and defendant are able to present evidence of each side. The judge will set the terms of the final PFA Orders, but they can last for up to three years.

Reasons why a person may file a petition for a PFA or why a judge may order one, include:

Read more about the Pennsylvania Protection from Abuse Act

Consequences of a Protection from Abuse (PFA) Order in Pennsylvania

Regardless of why you were issued a PFA Order or Restraining Order, it will can severely limit your freedom and basic rights.

The following are a few rights a Final PFA Order can take from you:

  • Parental Rights: You may lose custody of your children and/or visitation rights.
  • The Right of Access to Your Home: You may not be permitted to return to your home, even to pick up your belongings, if the accuser lives in your home. You may be left homeless.
  • Firearm Rights: A judge may order your firearms be taken from you or prevent you from obtaining a firearm.

Other indirect consequences include making it difficult for you to find a job or housing or obtain a personal loan for a car, etc. A PFA Order can show up in background checks. In addition, if you are facing additional criminal charges, an existing PFA Order does not help in defending a criminal case.

In addition, if you violate the PFA Order in any manner, such as sending an innocent text message, you can receive up to six months in jail and a $1,000 fine.

Even if the accuser is lying, this puts all of your freedom in jeopardy.  If you and your partner happen to resolve your issues, you need to get the PFA Order lifted, because any violation or future altercation could result in you going to jail.

Call Attorney Wana Saadzoi today for a free case evaluation.

Get Aggressive Representation
Call Today for a Free Legal Case Evaluation

Contact Criminal Lawyer Wana Saadzoi Today.

Delaware County, PA | Chester County, PA | Montgomery County, PA

Violation of a PFA Order

If you are accused of violating a PFA Order in Pennsylvania, even if the accusations are false, you will be arrested and a hearing will be scheduled. At the hearing, a judge will determine whether you are in criminal contempt of the PFA Order.

If you are found to be in contempt of the Final PFA Order, you face up to six months in jail and $300 to $1,000 fine, not to mention a criminal record that will appear in background checks, inhibiting your ability to find employment.

A violation could also penalize you by extending the PFA Order by up to three more years. A violation of a PFA order is a misdemeanor.

Any type of violation can mean going to jail – this could be an innocent text message, a phone call, or even a social media post or message.

Get Aggressive Representation
Call Today for a Free Legal Case Evaluation

Contact Criminal Lawyer Wana Saadzoi Today.

Delaware County, PA | Chester County, PA | Montgomery County, PA

How a PFA Defense Lawyer in Delaware County Can Help

Attorney Saadzoi is going to defend your rights and your innocence at the hearing. She has years of experience in successfully representing people in PFA hearings. Attorney Saadzoi is a tough criminal lawyer in Media, PA who is experienced in winning these types of cases, as well as sexual assault cases.

In addition to defending your case at a PFA Hearing, Attorney Saadzoi can also try to have the PFA Order expunged. This is possible only if the PFA Order is dismissed or if a permanent PFA Order was never issued.

Not having an attorney present at a PFA hearing will mean you will represent yourself before a judge. This is an option, but a qualified and experienced PFA Defense Attorney understands the court process and proceedings, can gather evidence on your behalf and can build a strong defense that demonstrates that no abuse was committed.

Call 610-566-5956 to schedule a free legal case evaluation. 

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