Physical and sexual abuse or the threat of either is against the law. Even if you choose not to bring criminal charges against the abuser, Pennsylvania has a civil law called the "Protection From Abuse Act" PFA that can give you and your children protection through the court system. There is no longer a requirement that you live with the abuser currently or in the past.
Most Family Divisions have a system allowing you to file pro se on your own , or through your attorney or the local legal services office. If the Judge believes that you need the court's protection, the Judge can issue a temporary protection order immediately, without the abuser being present, and schedule a final hearing to be held within 10 business days.
When the court is closed on weekdays, nights, weekends or holidays, an emergency protection from abuse order may be granted by the Magisterial District Justice, a master for emergency relief, or in Philadelphia, a bail commissioner. There may also be a domestic violence shelter that can help you find safe shelter, and provide emotional guidance and support while going through the abuse. The petition simply asks that you describe the abuse incident s and the approximate date the abuse took place.
Therefore, if the Judge believes you are in danger of further abuse the Judge can order any or all of the following:.
Once the judge grants your protection order it is automatically placed on the Pennsylvania State Police registry, and it can be enforced anywhere in the state. If you need protection in another state, you can file a certified copy of your protection order with the court and police in that state. An emergency order received from the Magisterial District Justice, a master for emergency relief, or in Philadelphia, a bail commissioner only last until the next business day when court is in session again.
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