Intermission 4: Introduction to the Protection from Abuse Act, Part 2

Subsections (b) through (d) discuss defendant identification, mutual orders of protection, and the length of an order.  In particular, (c) states that the court cannot issue mutual orders of protection.  Instead, each party must separately request an order to be heard at separate hearings.  The court is then free to grant either or both of the orders.  I have no experience with this happening in practice, but I would suspect the court would schedule the hearings back-to-back, i.e., have them simultaneously for all practical purposes.  I considered trying to get a PFA against Rita to stop harassing me through the legal system.  However, I knew that doing so would backfire on me, annoying the judges and making me seem bitter and petty.  In hindsight, I’m not sure how it could have made things any worse.  Finally, (d) states that any order or agreement must be for a fixed period that cannot be longer than three years.  It also notes that the court may amend an agreement if either party files a petition.

  1. (b)  Identifying information.–Any order issued under this section shall, where furnished by either party, specify the Social Security number and date of birth of the defendant.
  2. (c)  Mutual orders of protection.–Mutual orders of protection shall not be awarded unless both parties have filed timely written petitions, complied with service requirements under section 6106 (relating to commencement of proceedings) and are eligible for protection under this chapter. The court shall make separate findings and, where issuing orders on behalf of both petitioners, enter separate orders.
  3. (d)  Duration and amendment of order or agreement.–A protection order or approved consent agreement shall be for a fixed period of time not to exceed three years. The court may amend its order or agreement at any time upon subsequent petition filed by either party.

The next subsection essentially says that the court can extend an order for as long as the plaintiff wants it if the court determines there is a continued risk of abuse. Thus, having an order previously in no way limits someone from obtaining another one.  This means that an accuser can continue to request PFA orders, and they will likely be granted with little regard to the hearing, much as the initial one probably was.  There is no limitation on the number of extensions that a court may award.  In my case, the judge extended the order for another three years without Rita even requesting it. There needs to be a new petition and a hearing just as there was with the initial order.

Clause (iii) is interesting because it states that a plaintiff can have a PFA order extended without showing subsequent abuse if the state is releasing or has released the defendant from incarceration within 90 days.  I find this interesting because the reason for the defendant’s detention may have nothing to do with abuse.

  1. (e)  Extension of protection orders.–
    1. (1)  An extension of a protection order may be granted:
      1. (i) Where the court finds, after a duly filed petition, notice to the defendant and a hearing, in accordance with the procedures set forth in sections 6106 and 6107, that the defendant committed one or more acts of abuse subsequent to the entry of the final order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or minor child.
      2. (ii)  When a contempt petition or charge has been filed with the court or with a hearing officer in Philadelphia County, but the hearing has not occurred before the expiration of the protection order, the order shall be extended, at a minimum, until the disposition of the contempt petition and may be extended for another term beyond the disposition of the contempt petition.
      3. (iii)  If the plaintiff files a petition for an extension of the order and the defendant is or was incarcerated and will be released from custody in the next 90 days or has been released from custody within the past 90 days. The plaintiff does not need to show that the defendant committed one or more acts of abuse subsequent to the entry of the order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or minor children as set forth in subparagraph (i).
    2. (2)  Service of an extended order shall be made in accordance with section 6109 (relating to service of orders).
    3. (3)  There shall be no limitation on the number of extensions that may be granted.

The final few sections state that the domestic relations section should enforce any support award in an order, that a reconciliation of the parties does not nullify the order, that the title of any real property cannot be affected, and procedures to release confiscated firearms to third parties.

  1. (f)  Support procedure.–The domestic relations section shall enforce any support award in a protection order where the plaintiff files a complaint for support under subsection (a)(5).
  2. (g)  Notice.–Notice shall be given to the defendant, in orders issued under this section, stating that violations of an order will subject the defendant to arrest under section 6113 (relating to arrest for violation of order) or contempt of court under section 6114 (relating to contempt for violation of order or agreement). Resumption of coresidency on the part of the plaintiff and defendant shall not nullify the provisions of the court order.
  3. (h)  Title to real property unaffected.–No order or agreement under this chapter shall in any manner affect title to any real property.
  4. (i)  Third parties and affidavits.–A court requiring relinquishment of firearms under this section shall provide for the hearing of petitions by third parties who request the return of a firearm relinquished by the defendant under subsection (a)(7). The following apply:
    1. (1)  A third party claiming to be the lawful owner of a firearm relinquished by the defendant under subsection (a)(7) may request the return of the firearm by providing proof of ownership and a sworn affidavit.
    2. (2)  The affidavit under paragraph (1) must affirm all of the following:
      1. (i)  The third party who is the lawful owner will not intentionally or knowingly return to the defendant the firearm or allow access to the firearm by the defendant.
      2. (ii)  The third party who is the lawful owner understands that violating subparagraph (i) constitutes a misdemeanor of the second degree under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles).
      3. (iii)  If the third party who is the lawful owner is a family or household member of the defendant, any firearm returned under this section must be stored in a gun safe to which the defendant does not have access and will not be permitted to access, or stored in a location outside the third party’s home to which the defendant does not have access.
    3. (3)  If the court orders the return of a firearm under this section, prior to the return of the firearm, the sheriff shall independently confirm that the person seeking relief under this section is legally eligible to possess firearms under Federal and State law. The sheriff shall conduct the background check as soon as practicable after the court enters an order under this section.

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