Protection From Abuse Attorney

Domestic violence can happen to anyone regardless of gender, race, income, or other factors. If you are a victim of abuse by your partner or another family member, the family law attorneys at Lepley, Engelman, Yaw & Wilk can file a petition in court on your behalf for a Protection From Abuse restraining order.

Under the Protection From Abuse Act, abuse is defined as physical abuse, a threat which places you in immediate fear of physical injury, or a pattern of conduct such as stalking which places you in immediate fear of physical injury. To file a petition for a PFA, you must be, or have been, in a relationship with or a family member of the person against whom you want to file. This includes your spouse, your boyfriend/girlfriend, the parent of your child, your child, your parent, or anyone related to you by blood or marriage.

A PFA can prohibit the abuser from:

• Abusing, harassing, threatening or stalking you or your relatives.
• Entering your residence (and evict and/or exclude the abuser even if it is also their residence).
• Being near your school or place of employment.
• Having any guns or gun permits.

A PFA can also direct the abuser to pay you for losses resulting from abuse, including medical bills and lost wages; give temporary child custody to the abused parent; and order support and child support.

There are three stages involved in a PFA: an Emergency Order if you are in immediate danger, usually issued by a District Justice if the court is closed, which is in effect until the next business day at the Court of Common Pleas; an Ex Parte Temporary Order based solely on your information without the abuser being present, which is in effect until the hearing for a Permanent PFA; and a Permanent Order which can last up to three years following a hearing which involves testimony by both parties, evidence, and witnesses.

The Pennsylvania State Police keep a registry of all Protection From Abuse orders and will enforce any valid PFA issued in any county. PFA's are also enforceable in all fifty states.

If the abuser violates the PFA, he/she will be charged with contempt of a PFA and can face charges with prison sentences up to six months, supervised probation, and a fine from $300 to $1,000.

At Lepley, Engelman, Yaw & Wilk, we have years of experience drafting petitions for a PFA and successfully representing our clients at the hearing for a Permanent PFA. Please contact us for a consultation if you have been a victim of domestic violence.

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