How does a protection from abuse order work?
Protection orders are rules for the person hurting or threatening the victim. Filing a protection order, also known as a protection from abuse order or PFA, with PA Courts can help protect the victim and the victim’s family. If the abuser breaks these rules the person can be punished and the police can make an arrest.
How is a protection order different from a barring order?
A protection order is temporary and only effective until the court hearing for the application for a safety order (or barring order). What is a barring order? A barring order requires the violent person to leave the home and prohibits the person from entering the home.
When does a judge issue a protective order?
“At arraignment, generally the judge will issue a protective order. In these cases, the victim is generally not present. She may not even know about it until the district attorney calls her or sends her a copy of the order.” But civil protective orders are a little different.
What happens if you break a restraining order?
If you want, you can file your case from both family court or civil court. If you break the civil court order, you may be jailed for 3-12 months and may have a penalty of $250-$1000. In some states, if you break the restraining order, your filed case will be dismissed.
When to drop an order of protection against someone?
If the order is ever violated, the defendant can be arrested and charged with new crimes. While you are not a party in the criminal case against the defendant, you can ask the prosecutor and judge to drop (a.k.a., rescind or terminate) a protection order before the defendant’s court date.
When do no contact orders fail to protect?
WBTV asked court personnel if the orders fail to protect. After a person is arrested on charges related to domestic violence, often a defendant is issued a “no-contact order,” if requested in court. “Probably about 75 percent of the cases, we try to ask for a no-contact-order,” Rock Hill Victim’s Advocate Katherine Zanowski said.
How can a defendant be convicted of violating a protective order?
In order to convict a defendant of violating a protective order, the prosecutor must prove: There was a valid protective order in place that was legally issued by a judge 1; The defendant had knowledge of the protective order’s existence and terms 2 And the defendant intentionally violated the terms of the order.
How long does an order of protection last?
They can last up to two years. They prohibit contact with the person who filed the order and often also include other people like extended family, children or grandchildren. Usually the order requires you to keep a specific distance between yourself and the protected person (s) until the order expires.