Legal Defense Against PFAs in Chester County, PA
Restraining Order Lawyers in Chester County, PA
Protection From Abuse (PFA) orders, commonly known as restraining orders, are legal tools designed to protect individuals from domestic violence, harassment, or threats of harm. In Chester County, PA, these orders can have severe and lasting consequences for those who are subject to them.
Being placed under a PFA can impact your personal and professional life, including restrictions on your freedom, access to your home, and your ability to see your children. Understanding the legal complexities surrounding PFAs and knowing how to defend against them is crucial.
At Saadzoi Law, we specialize in providing skilled legal defense for individuals facing PFAs, and we understand that navigating the legal complexities of restraining orders can be an emotionally challenging experience.
Whether you seek protection and need help filing a PFA or if you need defense against an order, our team of expert attorneys is here to guide you through the process with compassion, expertise, and unwavering dedication.
Call Attorney Wana Saadzoi today for a free consultation if you were served a PFA Order or Restraining Order in Chester County, PA – 610-566-5956.
Find full information on Title 42, CHAPTER 62 of the Pennsylvania Code – A Protection of Victims of Sexual Violence or Intimidation.
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Understanding PFAs in Chester County, PA
In Pennsylvania, a PFA is a civil order issued by the court to prevent one person from harming another.
While a PFA does not result in a criminal record, violating the order can lead to serious criminal charges, including arrest and jail time.
A PFA can last up to three years and can include provisions such as:
- No Contact: The restrained individual cannot contact the plaintiff directly or indirectly.
- Eviction: The restrained person may be ordered to leave a shared residence, even if they own it.
- Child Custody: Temporary custody of children can be awarded to the plaintiff.
- Firearm Restrictions: The restrained individual may be required to surrender firearms.
Local Court Proceedings and Laws
In Chester County, PFA cases are typically handled in the Court of Common Pleas. The process begins when the plaintiff files a PFA petition, which can lead to an ex parte hearing where a temporary PFA is granted without the presence of the defendant.
Under Pennsylvania law, the burden of proof in a PFA hearing is on the plaintiff, who must demonstrate that they are in danger of abuse, which can include physical harm, threats, stalking, or harassment. However, the standard of proof is “preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” standard used in criminal cases.
This makes it easier for plaintiffs to obtain a PFA, even in cases where the evidence may be weak or based on misunderstandings.
After a temporary PFA is granted, a hearing is scheduled within ten days, where both parties can present evidence and testimony. The hearing is where the Final PFA Order will be issued if the accuser wins the petition for the Restraining Order.
A final PFA Order can be ordered for several years, with terms set by the judge. If a Final PFA Order or Permanent PFA Order is issued, it cannot be expunged.
You do not need to be charged with a crime or proven guilty of a crime for a Final PFA Order to be issued. Always speak with an experienced PFA defense attorney BEFORE the hearing. They can help prepare a strong defense.
Many people will accept a PFA Order because it is the easiest thing to do at the time, without thinking through the long-term restrictions and limits to freedom. A violation of a PFA can lead to an arrest with criminal charges and jail time.
Contact a criminal attorney in Chester County as soon as possible if you have been issued a PFA Order to 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.
Read the Chester County FAQ on PFAs.
Read Chester County’s Rule 1901.2.A. ACTIONS PURSUANT TO PROTECTION FROM ABUSE ACT
What Type of Behavior Falls Under a Protection from Abuse Order?
Types of abuse generally include the following:
- Sexual abuse;
- Physical abuse;
- Intimidation of abuse;
- Physical restraint against a person’s will.
Title 23 of the Pennsylvania Code defines “abuse” as the following:
(1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent serious bodily injury.
(3) The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).
(5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances that place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).
You have rights – and it is always worth fighting for them.
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610-566-5956
What Limits Can a PFA Order Put on You?
Being subject to a PFA order can be overwhelming, especially if the allegations are false or exaggerated, or if the domestic dispute has since been resolved.
Challenges you may face under a restraining order include:
- Limited Contact with Family: You may be barred from contacting your spouse, partner, or children and the victim may be granted custody of your children.
- Housing Issues: If the PFA includes an eviction order, you may be forced to leave your home with little time to find alternative housing.
- Reputational Damage: A PFA can harm your reputation in your community and workplace, potentially leading to job loss or social isolation.
- Firearm Restrictions: You may be required to turn over any firearms or other weapons to the court.
- Other Restrictions: You may lose custody of your pets and be required to turn over car keys, important papers or other personal property.
- Difficulty Finding Employment: A PFA Order may appear on a criminal background check when applying for jobs.
- Other Consequences: Violating a PFA, even unintentionally, can result in criminal charges, fines, and jail time.
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610-566-5956
Violation of a PFA Order in Pennsylvania
A violation of a PFA Order or Restraining Order could mean up to six months in jail and a $1,000 fine. The rules can be very strict and include not even so much as sending a text message or messaging via social media.
Even if the accusations are false, a violation can result in arrest and a hearing will be scheduled. At the hearing, a judge will determine whether you are in criminal contempt of the PFA Order.
A violation could extend the PFA Order by up to three more years.
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.
Call Saadzoi Law for a Free Consultation
610-566-5956
How a PFA Lawyer in Chester County May Help Lift a Restraining Order
At Saadzoi Law, our criminal lawyers will defend your rights and your innocence at the hearing and try to have the PFA Order expunged or lifted. We will work with you to prepare an aggressive defense.
Attorney Wana Saadzoi 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.
Here’s how we can help:
- Thorough Case Evaluation: We begin by reviewing the details of your case, including the allegations made against you and the evidence presented by the plaintiff. This allows us to identify weaknesses in the plaintiff’s case and build a solid defense.
- Representation at Hearings: We will represent you at both the temporary and final PFA hearings, ensuring that your side of the story is heard. We will cross-examine witnesses, challenge evidence, and present your testimony to demonstrate that the PFA is unjustified.
- Negotiation: In some cases, it may be possible to negotiate with the plaintiff’s attorney to reach a resolution that avoids the need for a PFA. This can include agreements on custody, communication, and other matters that address the plaintiff’s concerns while protecting your rights.
- Appeals: If a final PFA is granted, we can assist you in filing an appeal to have the order overturned. Our attorneys have extensive experience in appellate courts and will work to identify any legal errors or misinterpretations that occurred during the initial hearing.
- Post-PFA Relief: If the PFA is granted, we can help you navigate the restrictions imposed by the order, including modifying the terms if necessary. We also provide guidance on how to avoid unintentional violations that could lead to criminal charges.
Facing a PFA order can be daunting and stressful. Saadzoi Law is here to provide you with the expert legal defense you need to protect your rights and fight to have the restraining order lifted. With our in-depth knowledge of Chester County Pennsylvania law and the local court system in Chester County, we are well-equipped to handle even the most complex PFA cases.
Call 610-566-5956 to schedule a free legal case evaluation.
Learn More About Saadzoi Law:
- PFA Defense Attorney
- Filing a Restraining Order in Pennsylvania
- Attorney Wana Saadzoi
- Criminal Lawyers in PA
- Assault Charges and Defense in PA
- Pennsylvania Immigration Lawyer