It is a crime in the Commonwealth of Pennsylvania to physically harm or threaten to physically harm another person. If the person harming or threatening to harm you is a family or household member, a spouse or former spouse, a current or former sexual or intimate partner, a parent, a sibling, or any other person related to you by blood or marriage, there are some special options available to you.
Options include:
After reading about these options, you may want to discuss them in more detail with a CCN Legal Advocate.
Protection From Abuse Order (PFA)
If you or your minor child has been abused by a family or household member, there is a legal way to keep your abuser away. You can petition the court for a Protection From Abuse Order (PFA) for yourself and/or your minor child.
A PFA is an order issued by a Judge of the Allegheny County Court of Common Pleas, Family Division. A PFA can grant you immediate relief from abuse by a family or household member.
Under the PFA Act, by law the court can:
- Order your abuser to stop abusing you
- Evict or exclude the abuser from your home
- Order the abuser to pay temporary child and/or marital support
- Grant temporary custody of minor children to the victim
- Limit the abuser's access to the children
- Confiscate firearms from the perpetrator
In order to qualify to file for a PFA, the conduct by the abuser must fall into one or more of the following categories:
- Attempted or actual bodily injury, serious bodily injury or sexual assault
- Threats of sexual or physical abuse
- Conduct by the abuser that places the victim in reasonable fear of imminent serious bodily injury
- False imprisonment
- Physical or sexual abuse of minor children
- Stalking
There are three types of PFA Orders:
- Emergency PFA - Provides PFA protection after regular court hours and is valid until the end of the next court business day. Emergency PFAs can be obtained at Night Court, Local Magistrate's Courts and at various local sites (hospitals/police stations) with videoconferencing equipment.
- Temporary PFA - Provides PFA protection for up to 10 days, or until a final PFA hearing is held. Temporary PFAs can be obtained only at the Allegheny County Court of Common Pleas, Family Division. The Family Division PFA Intake Office is open Monday through Friday 8:30am - 11:00am.
- Final PFA - Can provide PFA protection for up to 36 months. Final PFAs are granted only after a hearing by a Family Division Judge. The alleged abuser has a right to appear at the final PFA hearing, be represented by counsel and contest the petition. Courts now have the discretion to order the relinquishment of all firearms by someone subject to a PFA and they may also consider risks to children and Plaintiff when deciding custody in a PFA.
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Private Criminal Complaint
Any adult who has been the victim of a crime has the right to file a 'Private Criminal Complaint' regarding the alleged offense. A Private Criminal Complaint is not a criminal charge. Private Criminal Complaints are filed at the Magistrate's office with jurisdiction over the location where the alleged offense occurred. Once filed, the Private Criminal Complaint is reviewed by the Assistant District Attorney assigned to that Magistrate's Court. The Assistant District Attorney then determines if the complaint states sufficient probable cause for a charge to be filed. The filing of a criminal charge is at the discretion of the Assistant District Attorney.
Under ordinary circumstances, a police officer who does not see a criminal offense occur must obtain a warrant to arrest an alleged perpetrator. However, in domestic violence cases, a police officer has the power to arrest an alleged offender, if, upon responding to the scene, he or she determines that sufficient probable cause exists to show that the offense was committed and that the alleged offender is the person who committed the offense. This is called a 'Probable Cause Arrest.'
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