How to Get a Restraining Order in Pennsylvania
Restraining orders in Pennsylvania are called protection from abuse orders, or PFAs. PFAs can be obtained either at the county courthouse or after normal business hours at a district courthouse, according to state law. The person seeking the PFA must either be a family member or have an intimate relationship with the subject of the PFA, according to the state. The rules for obtaining PFAs vary from county to county across Pennsylvania, but they follow a few basic guidelines.
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Instructions
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Filing a PFA
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Call the local clerk of courts for the court of common pleas in the county where you or the subject of the PFA lives, and ask which county agency accepts PFA petitions. The county office that accepts the petition can vary from county to county. For example, in Montgomery County, PFAs are filed with the prothonotary's office, while in Bucks County, PFAs are filed with a family court prothonotary.
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Go to the courthouse office that handles the petition and fill out the necessary paperwork. You should allow for two hours to fill out the paperwork, according to the Montgomery County Prothonotary. Some courts accept the PFA application only before 1:30 p.m., to allow time for the process before the end of the business day.
This order is temporary pending a hearing before a county court judge.
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Appear in court on the appointed day for a hearing on the PFA. Explain why you feel in imminent danger, how you have been abused, and how the PFA will help. To be eligible you must have been physically and/or sexually abused, restrained against your will, stalked and put in reasonable fear of bodily injury, or be in fear of serious physical abuse or sexual abuse due to threats or menace, according to court documents.
Filing an Emergency PFA
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Contact the local emergency radio communications office and ask which district judge is covering after-business hours. Request to meet the judge for an emergency PFA.
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Go to the district court and fill out the petition for a PFA. The judge will be able to assist you with the procedure. The emergency PFA is valid only until the end of business the following day.
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Go the next day to the county court agency that handles PFA, and complete a petition for a temporary PFA. If you fail to do so, the emergency PFA will expire at the end of the business day.
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Tips & Warnings
Seek the advise of an attorney; even if you do not hire the attorney, she should be able to direct you to the correct county agency for PFA petitions. You do not need an attorney to file a PFA. However, wording on documents that accompany the PFA petition recommends that you contact legal aid for free representation or hire a private attorney.
When you file an emergency PFA, the subject of the PFA petition will be notified that a PFA has been requested.
Emergency PFAs expire at the end of the following business day. Therefore, if the PFA is filed at 7 p.m. Tuesday, it expires by 5 p.m. Wednesday.
Failure to appear for any court hearings regarding the PFA can lead a judge to discontinue the order.
References
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