Protective Orders in Pennsylvania

Who qualifies and what counts as abuse

According to Pennsylvania's courts, abuse under the PFA Act means one or more specific acts. These acts must occur between family or household members, sexual or intimate partners, or people who share biological parenthood. They include causing or attempting to cause bodily injury, placing someone in fear of imminent serious bodily injury, rape or sexual assault, and stalking. They also include physically or sexually abusing a child, repeatedly committing acts that place someone in fear of bodily injury, or interfering with a person's freedom of movement.

A person without one of those qualifying relationships may instead qualify for a Protection From Sexual Violence order. A minor harassed or stalked by an adult outside an intimate relationship may qualify for a Protection From Intimidation order.

Filing and the temporary order

A petitioner completes paperwork at the local county courthouse. There is no cost to file for a protection order. After filing, there is typically an informal review with a judge, who decides whether to grant a temporary order. Outside of normal court hours, on weekends, or holidays, emergency petitions can be filed through minor courts. Once a temporary order is approved, the sheriff or another law enforcement officer serves the defendant. That service includes the petition, the temporary order, and notice of the date of the final hearing.

The final hearing: 10 business days

A final hearing, where both sides appear, is scheduled within 10 business days of the temporary order. At that hearing, the judge decides whether to grant a final order and what it should include. This can mean requiring the abuser to move out of a shared home, and to stay away from the petitioner's residence, school, or workplace. It can also mean cutting off all contact by phone, text, email, or social media.

Duration and violations

A final Protection From Abuse order can last up to three years. If the person subject to the order violates it, they can be held in contempt and face a fine of up to $1,000 and up to six months of incarceration.

Firearms and custody

A PFA order can require the abuser to surrender weapons and any firearm permit. It can also include other relief, such as attending a batterer's counseling program or reimbursing the petitioner for abuse-related expenses. An order can also grant temporary child custody and spousal support as part of the same case, alongside the safety provisions.