Frequently Asked Questions

How Do I File for a PFA?

1. As the victim of abuse (“plaintiff”/”petitioner”) you will go to the DVI PFA Office located inside the Law Library on the 3rd Floor of the Lebanon County Municipal Building to fill out a form (“petition”). *Please note that you must enter the building through a metal detector; and cell phones are not permitted on the 3rd Floor.* The petition asks you to explain why you are seeking protection and to describe the abuse you’ve suffered. You will also indicate on the form what types of protections you are seeking, for example, no contact by the abuser or a request for the abuser to relinquish their firearms.
   
2. A judge then reviews your petition and may have some additional questions for you. At this time, a judge may grant or deny a temporary PFA. A date for a final hearing will be scheduled within 10 business days. If a temporary PFA is granted, it provides protection for you (and your children, if named in the order) through the date of the final hearing.
   
3. Next, the local sheriff’s office will deliver a copy of the petition, temporary PFA order, and notice of the final hearing to the abuser (“defendant”).
   
4. At the time of the final PFA hearing, you and your abuser both have the opportunity to come before the judge. You are both allowed to have attorneys represent you at the hearing. A domestic violence advocate may also accompany the victim. If both you and your abuser agree on the terms of an order, this will be shared with the judge who will make it official. This is known as a PFA by consent agreement. If either party does not agree, you will both go in front of the judge to share your accounts. The judge will make a determination based on the testimony and/or evidence he or she receives. The judge can then order a final PFA for a period of up to three years.

What Does a PFA Order Cost?

PFA Orders are free for the person seeking protection. In most cases, the defendant will have to pay for all or part of the PFA process. Otherwise, the county must pay.

What if My Abuser Violates the PFA Order?

In most cases, the you should immediately call the police if the abuser doesn’t keep to (“violates”) the terms of the PFA order. According the PFA Act, the police can and should arrest the abuser for any violation of the PFA Order. The only exception is that the police cannot arrest an abuser for not paying expenses and support as ordered.

A defendant who violates a PFA Order can be arrested and charged with a crime called indirect criminal contempt. You may be asked to testify about the violation at a court hearing. If the court finds the defendant guilty of violating the PFA Order, the court can give jail time, probation, and/or fines.

Even though the police may arrest and charge an abuser for indirect criminal contempt, the abuser may be released before the hearing. You should consider talking to a DVI advocate about steps to take to stay safe.

Are PFA Orders Valid Across State Lines?

Yes, a PFA order from Pennsylvania is valid in every county in Pennsylvania, every state across the country, and on tribal lands. Protection orders from other states or tribal courts are also valid in Pennsylvania. This is because the Violence Against Women Act (VAWA), a federal law that protects victims of domestic violence, makes all states honor other courts’ protection orders. There are law enforcement databases that make it easier for police to electronically check protection orders, but they are not foolproof. It is important for you to have your PFA order with you whenever you are traveling or if you move to a new address, especially out of state.

A plaintiff who has a PFA order does not have to register it in a different county or state for it to be valid, but registering it with the local courthouse may be helpful. On the plus side, registering an order allows police to quickly verify the order and respond faster to a violation by the abuser. On the downside, some states will notify the defendant when the victim registers a PFA order in a new county or state. If you do not want your abuser to know where you are, you may not want to register the PFA. Procedures for registering a PFA order vary from state to state.

A domestic violence program or the National Domestic Violence Hotline at 800-799-SAFE (7233) or TTY 800-787-3224 can give more information on how to register a PFA order in a new state.

It is good for you to have a certified copy of the order along at all times, especially if you decide not to register a PFA Order after moving. (A certified copy is one that is stamped with a raised seal and initialed by the court.) It is also a good idea to have multiple copies of the order for work, home, and/or school.