The Protection From Abuse Act is an extremely important law that provides protections for individuals who are the victims of abuse perpetrated by family or household members, sexual or intimate partners, or individuals who share their biological parenthood. A Protection From Abuse Order – or PFA – acts as a quick, preventative measure to protect victims of abuse when time is of the essence.
” A Protection From Abuse Order – or PFA – acts as a quick, preventative measure to protect victims of abuse when time is of the essence.”
In recent years, PFA’s have become more and more abused – and easier to obtain – which is a problem for both true victims of abuse and those being accused of abuse. PFA’s are being used by individuals to get a “leg up” in divorce and custody cases. For example, according to the Superior Court of Pennsylvania, a party that obtains a PFA can immediately request exclusive possession of a residence (the other party cannot enter the property), even if the individual accused of the abuse owns the property.
Additionally, when between parents of a minor child, a PFA can also award temporary custody of a child to the party requesting the PFA. Pennsylvania Courts have ruled that a court awarding temporary custody through a PFA does not need to go through the usual “best interest analysis” when awarding temporary custody. In areas where it can take weeks, if not months, to have that first custody conference after a PFA is awarded, it is important to have an attorney who can help navigate this process and, perhaps, prevent these issues from the beginning.
Whether you are a victim of abuse, or have had a PFA filed against you, contact the Law Office of Harding, Hill, Turowski & James, LLP, and speak with one of our attorneys who will be able to assist you.
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Contact the Law Office of Harding, Hill, Turowski & James, LLP, and speak with our experienced attorneys who will be able to help you navigate through a Protection From Abuse Order.