Legal Information about PFA Orders in Montgomery County, PA
Protection from Abuse (PFA) orders, commonly referred to as restraining orders, are vital legal tools designed to prevent harm and ensure safety against domestic violence, stalking, and other types of dysfunctional relationships.
If you are considering filing for a PFA or need to contest one or have it lifted, understanding the legal process in Montgomery County, PA, is essential.
The detailed information below from our PFA Lawyers in Montgomery County can give some insight on both filing for a restraining order and having one lifted in PA.
Our Pennsylvania PFA Lawyers are experienced and knowledgeable in helping people navigate the legal system and get the best outcome that’s right for them and their family.
We help families in Delaware County, Chester County, and Montgomery County with the process.
Call Attorney Wana Saadzoi today for a free consultation if you were served a PFA Order in Montgomery County, PA, or need assistance filing a PFA order – 610-566-5956. .
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Filing a PFA in Montgomery County
To file a PFA in Montgomery County, follow these steps:
- Determine Eligibility: Only certain relationships qualify for a PFA under Pennsylvania law such as:
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- Spouses or former spouses;
- Current or former intimate partners;
- Parents and children, and;
- Household members who are related by blood or marriage.
- Prepare Your Petition: Clearly outline the abuse or threats you have experienced. Be specific about dates, locations, and incidents. Include any evidence, such as photos, medical records, or witness statements.
- File at the Courthouse: Go to the Montgomery County Courthouse in Norristown to file your petition.
- Attend the Temporary PFA Hearing: A judge will review your petition and may grant a temporary order if immediate protection is warranted.
- Prepare for the Final Hearing: Gather all necessary evidence and witnesses to support your case. Having an attorney by your side can significantly improve your chances of success.
Being Served a PFA Order – Emergency, Temporary & Final.
In Montgomery County, 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.
Sometimes people do not fight against a PFA Order because it is the easiest thing to do at the time. But the long-term restrictions could have negative consequences for years to come. In addition, any violation of a PFA order can lead to an arrest, criminal charges, and jail time.
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, a criminal record, and a $1,000 fine.
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 expunged, and prepare a solid defense.
Call Saadzoi Law at 610-566-5956 for a free consultation
Just because you have been accused does not mean you are guilty or will be found guilty.
You have rights – and it is always worth fighting for them.
Lifting a PFA Order in Montgomery County
If you are the respondent in a PFA case and believe the order is unjust or no longer necessary, you can petition the court to have it lifted.
In Montgomery County, 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 or an Ex Parte PFA Order, which is also temporary. The defendant does not need to be present for the Emergency or Ex Parte PFA Order to be issued.
A hearing will then be scheduled. 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.
Our PFA Attorneys can help you with the process of getting a PFA lifted. Please contact us for a free consultation.
Steps to have a PFA Order Lifted in Montgomery County:
- File a Motion to Vacate: Submit a formal request to the court explaining why the PFA should be lifted. Common reasons include:
- Reconciliation between the parties.
- Evidence that the allegations were false.
- The expiration of the order’s original term.
- Attend a Hearing: The court will schedule a hearing to review your motion. Be prepared to present evidence and arguments to support your request.
- Demonstrate Compliance: Show the court that you have adhered to the terms of the PFA and have not engaged in any prohibited behavior.
- Seek Legal Counsel: An experienced attorney can help you build a strong case and navigate the legal process effectively.
Legal Standards for PFAs in Pennsylvania
In Montgomery County, as in the rest of Pennsylvania, the burden of proof for obtaining a PFA lies with the petitioner. They must demonstrate by a preponderance of the evidence that abuse occurred. This standard is lower than “beyond a reasonable doubt,” which is used in criminal cases.
Resources for PFA Cases in Montgomery County
- Montgomery County Women’s Center: Provides support services for victims of domestic violence.
- Montgomery County Courthouse: Located at 2 E. Airy Street, Norristown, PA 19401.
Saadzoi Law: We Can Help
At Saadzoi Law, we are dedicated to providing comprehensive legal services for PFA cases in Montgomery County. Our team can assist with:
- Filing or contesting a PFA.
- Representing you at hearings.
- Advising on child custody and property disputes related to PFA 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.
We understand the high stakes involved in restraining order cases and are committed to achieving the best possible outcome for our clients. Contact us today to schedule a consultation.
Contact Saadzoi Law Today
If you’re facing domestic abuse or need to defend against a PFA order, don’t wait—contact Saadzoi Law for a confidential consultation. We will provide the expert legal guidance and unwavering support you need during this difficult time. Call us today at 610-566-5956 to schedule your free consultation.
Attorney Wana Saadzoi has years of experience in successfully representing people in PFA hearings. Attorney Saadzoi is a tough criminal lawyer who is experienced in winning these types of cases, as well as sexual assault charges.
Call 610-566-5956 to schedule a free legal case evaluation.
Learn More About PFA Orders in Pennsylvania:
- Restraining Orders in Pennsylvania
- Filing a PFA Order in Pennsylvania
- What Happens if You Violate a PFA Order in PA
- PFA Defense Attorney in Media, PA
- PFA Orders – Delaware County, PA
- Restraining Order Lawyers Chester County, PA
- Lifting a PFA Order – Chester County, PA
- PFA Lawyers – Montgomery County