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212 West Gay Street West Chester PA 19380 (610) 692-8700
Joshua A. Janis, Esquire Ciccarelli Law Offices
Pennsylvania Protection from Abuse
In Pennsylvania, if there has been actual or threatened physical abuse including the placing of another in reasonable fear of bodily injury by stalking or otherwise, a protection from abuse (PFA) order may be entered by the court. PFAs may only be filed against family or household members including parents and current or former sexual or intimate partners including spouses. (In cases where both parents have committed child abuse or neglect, a juvenile court action under the juvenile dependency laws could also be initiated.)
A PFA order can remove the abusing person from a jointly occupied residence and provide that no contact may occur for up to three years. In addition to ordering the perpetrator of abuse to vacate a jointly occupied residence, a PFA order would direct that the abuser refrain from any contact with the victim. Furthermore, as part of a PFA order, a judge could enter an order granting the victim custody of any minor children and payment of PA spousal support and PA child support on a temporary basis pending a support hearing.
If domestic violence is alleged and a PFA petition filed, a hearing on the PFA is oftentimes the first contact the parties have with the family court system. A PA divorce complaint is not required to be filed prior to or simultaneously with the filing of the PFA action. Because a PFA can have a significant impact on the possession of a jointly occupied residence, custody of minor children and support, it is highly recommended that both the alleged victim and the alleged perpetrator obtain legal representation by a PA family law attorney at any PFA proceeding. For most PFA plaintiffs and defendants, one of the most significant aspects of a PFA order is the fact that if the plaintiff alleges that a temporary or final PFA is violated, the defendant can be arrested and incarcerated pending a hearing on the charge of Indirect Criminal Contempt.
Speak with Attorney Joshua Janis to assist in obtaining a PFA Order if there has been actual or threatened domestic violence including spousal or child abuse. Our PA PFA attorneys are also able to defend an individual against the imposition of a PFA order if it is believed that the circumstances do not warrant the granting of a PFA order. Contact the experienced attorneys at the Ciccarelli Law Offices at 610-692-8700 to schedule free consultation now.
West Chester PA Protection from Abuse Attorney – Chester County PFA – Exparte Hearing – Contempt Petition – Domestic Violence – Restraining Orders – Chester County divorce lawyers in Kennett Square, Exton, Downingtown, Landenberg, Paoli