I first heard of a Protection from Abuse order in late 2012 from my attorney at the time. She alluded to Rita applying for one if I hadn’t developed a plan to move out of the house. However, I didn’t pay much attention to this as I had never abused anyone and never intended to do so. My naive assumption was that if there was no abuse, there could be no PFA order. I guess I never expected Rita to lie and distort the truth. If only I had known then what I know now.
The Act
Pennsylvania’s Protection From Abuse Act (The Act) was originally made law in 1976 and has subsequently been revised many times by the state legislature. The current version was enacted in 1991. It is not clear what changed from 1976 to 1991. Many websites describing The Act can be found by searching the internet ➔. The 1991 version of the full Act is part of Title 21: Domestic Relations, and it can be found on the Pennsylvania Legislature’s website. I will discuss some of the more pertinent sections.
The actual procedure for following the guidelines of The Act seems to vary from county to county. As opposed to what The Act states, my understanding is, in Centre County, that immediately after the petition requesting protection is filed, a judge can decide to issue an “emergency” order if, without actually hearing from the accuser or defendant, there is an immediate threat. I also understand that, in Centre County, an emergency order is almost always issued as soon as the petition is submitted. In fact, experience suggests the order is often written by the accuser’s attorney and filed with the petition so the judge can sign it.
Important Provisions, Part I
Section 6106. Commencement of proceedings.
Sub-section (a) states that any adult or emancipated minor can request a PFA order for themselves. Minor children and incompetent adults can seek relief through a parent or guardian. It also makes clear that it is illegal to provide false information that implicates someone else. Finally, as shown below, there are provisions regarding the defendant’s occupation, plaintiff protection, and child abuse investigations.
(a) General rule.–An adult or an emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ad litem may seek relief under this chapter on behalf of minor children, or a guardian of the person of an adult who has been declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B (relating to appointment of guardian) may seek relief on behalf of the incompetent adult, by filing a petition with the court alleging abuse by the defendant.
(a.1) False reports.–A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this chapter commits an offense under 18 Pa.C.S. § 4906 (relating to false reports to law enforcement authorities).
(a.2) Notification of defendant’s occupation.–The plaintiff shall notify the court if the plaintiff has reason to believe that the defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment.
(a.3) Notification of need to protect plaintiff.–The plaintiff shall notify the court anytime during the period commencing upon filing the petition and granting of an order or approving a consent agreement at a hearing held under section 6107(a) (relating to hearings) if the plaintiff has reason to believe the plaintiff’s safety is at risk. In such a case, the court shall direct the Pennsylvania State Police, the municipal police or the sheriff to accompany the plaintiff to the plaintiff’s residence to retrieve personal belongings or to accompany the plaintiff while the petition or order is served upon the defendant by the sheriff or competent adult, as set forth in the Pennsylvania Rules of Civil Procedure.
(a.4) Notification regarding child abuse investigation.–
(1) If the plaintiff has knowledge of a founded or indicated report of child abuse under Chapter 63 (relating to child protective services) involving the defendant, the petition shall include that information together with the name of the investigative agency.
(2) The notice of hearing and order shall include notice to the defendant that an order issued under this chapter may have an impact on the defendant under Chapter 63. The court shall develop procedures to implement the provisions of this paragraph.
As sub-section (a) makes clear, making false reports is illegal. This would be a much bigger deal if the courts required substantial claims to issue a protective order. In Pennsylvania, it seems all someone needs to do is claim they’re scared to get an order issued. It’s also nearly impossible to prove a false claim, much like trying to prove a negative. Simply because there was no evidence does not necessarily make a claim false. With the vague claims Rita made, there was absolutely no way I could have proven them false. The best I could have done would be to have had the kids testify that they didn’t witness any alleged abuse, but that doesn’t prove there was none.
If you search the internet for phrases like “false allegations of abuse” or “abuse of protection orders,” you will get an indication of how widespread this problem is ⇒ ⇒. Unfortunately, there appears to be no credible statistics on this and no good way to obtain them. False accusations of child abuse seem to be even more widespread, and statistics are available because these claims are actually investigated; I will discuss that later.
Sub-sections (b)-(d) also clarify that plaintiff fees are not permitted; filing the petition will cost the accuser nothing. However, if an order is granted, fees and costs will be assessed against the alleged abuser. These fees include a surcharge of $100, with $25 going to the Department of Public Welfare to use for victims of domestic violence.
(b) Plaintiff fees not permitted.–No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with the filing, issuance, registration or service of a petition, motion, complaint, order or any other filing. Prohibited fees or costs shall include, but are not limited to, those associated with modifying, withdrawing, dismissing or certifying copies of a petition, motion, complaint, order or any other filing, as well as any judicial surcharge or computer system fee. No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with filing a motion for reconsideration or an appeal from any order or action taken pursuant to this chapter. Nothing in this subsection is intended to expand or diminish the court’s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation).
(c) Assessment of fees and costs against the defendant.–When an order is granted pursuant to this chapter, fees and costs shall be assessed against the defendant. The court shall waive fees and costs upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs. Nothing in this subsection is intended to expand or diminish the court’s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
(d) Surcharge on order.–When a protection order is granted under section 6107(a), other than pursuant to an agreement of the parties, a surcharge of $100 shall be assessed against the defendant. All moneys received from surcharges shall be distributed in the following order of priority:
(1) $25 shall be forwarded to the Commonwealth and shall be appropriated to the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105.
(2) $50 shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:
(i) $25 shall be used by the sheriff.
(ii) $25 shall be used by the court.
(3) $25 shall be forwarded to the Department of Public Welfare for use for victims of domestic violence in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(d.1) Limitation.–The surcharge allocated under subsection (d)(1) and (3) shall be used to supplement and not to supplant any other source of funds received for the purpose of carrying out the provisions of this chapter.
Sub-sections (e)-(g) establish procedures for serving an order on the accused.
(e) Court to adopt means of service.–The court shall adopt a means of prompt and effective service in those instances where the plaintiff avers that service cannot be safely effected by an adult individual other than a law enforcement officer or where the court so orders.
(f) Service by sheriff.–If the court so orders, the sheriff or other designated agency or individual shall serve the petition and order.
(g) Service of petition and orders.–The petition and orders shall be served upon the defendant, and orders shall be served upon the police departments and sheriff with appropriate jurisdiction to enforce the orders. Orders shall be promptly served on the police and sheriff. Failure to serve shall not stay the effect of a valid order.
(g.1) Service of original process of a foreign protection order.–No plaintiff or petitioner shall be charged any costs or fees associated with the service of original process of a foreign protection order. Costs or fees associated with the service of original process of a foreign protection order may be assessed against the defendant.
Service is usually done by whatever law enforcement agency has jurisdiction over the alleged abuser. What is served will almost always be either an emergency or temporary order, as the defendant is not permitted to be part of the process for granting these. Police will frequently serve the order at either the defendant’s home or work. In most cases, the defendant will be required to vacate the household and given a few minutes to gather personal belongings. They gave me 15 minutes to collect “my things.”
Sub-section (h) clarifies the process for requesting a PFA should be simple, and assistance should be provided.
(h) Assistance and advice to plaintiff.–The courts and hearing officers shall:
(1) Provide simplified forms and clerical assistance in English and Spanish to help with the writing and filing of the petition for a protection order for an individual not represented by counsel.
(2) Provide the plaintiff with written and oral referrals, in English and Spanish, to the local domestic violence program, to the local legal services office and to the county bar association’s lawyer referral service.
| Grabbing, shoving, or pushing |
| Slapping (with an open hand) |
| Punching (with a closed fist) |
| Choking or strangling (any grabbing of the neck) |
| Biting |
| Forcing sexual contact |
| Forcing to stay in closet, room, home, or location |
| Physically restraining/holding down the victim |
| Received threatening or harassing phone calls |
| Has the defendant threatened to kill you? |
| Does the defendant have access to weapons? |
| Threat by displaying or pointing weapon. |
| Using a weapon (including but not limited to a firearm) |
| Threat by cruelty to animals |
| Physically abusing children in the household |
| Sexually abusing children in the household |
| Threat to injure self/others |
| Threat by following |
| Threat by damage to property |
| Name calling/directed use of obscenities |
| Has the physical violence increased in severity or frequency over the past year? |
| Have you left the defendant after living together for the past year? |
| Is the defendant unemployed? |
| Has the defendant avoided being arrested for domestic violence? |
| Do you have a minor child that is not the defendant’s? |
I believe this requirement is handled somewhat differently in each county. In Centre County, my understanding is the Women’s Resource Center does much of the work. The sidebar shows the “Type[s] of Abuse” checklist given to people claiming they have been abused. For each type of abuse, there are boxes for “Experienced abuse by the defendant?”, “Indicate either the dates of the incidents or the frequency of the abuse.”, “Indicate physical injuries, if any.” and “Was there police contact?”