{"id":1063,"date":"2021-04-12T10:07:09","date_gmt":"2021-04-12T10:07:09","guid":{"rendered":"http:\/\/96.66.168.57:8080\/wordpress\/?page_id=1063"},"modified":"2026-08-24T02:53:59","modified_gmt":"2026-08-24T02:53:59","slug":"intermission-3-introduction-to-the-protection-from-abuse-act-part-1","status":"publish","type":"page","link":"https:\/\/unstablefocus.mynetgear.com\/?page_id=1063","title":{"rendered":"Intermission 3:  Introduction to the Protection from Abuse Act, Part 1"},"content":{"rendered":"<audio class=\"wp-audio-shortcode\" id=\"audio-1063-1\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1063-P01.mp3?_=1\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1063-P01.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1063-P01.mp3<\/a><\/audio>\r\n<p>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&#8217;t developed a plan to move out of the house.\u00a0 However, I didn\u2019t pay much attention to this as I had never abused anyone and never intended to do so.\u00a0 My naive assumption was that if there was no abuse, there could be no PFA order.\u00a0 I guess I never expected Rita to lie and distort the truth.\u00a0 If only I had known then what I know now.<\/p>\r\n\r\n\r\n\r\n<h2 class=\"wp-block-heading\">The Act<\/h2>\r\n\r\n\r\n\r\n<p>Pennsylvania\u2019s Protection From Abuse Act (The Act) was originally made law in 1976 and has subsequently been revised many times by the state legislature. \u00a0The current version was enacted in 1991. \u00a0It is not clear what changed from 1976 to 1991. \u00a0Many websites describing The Act can be found by searching the internet <a href=\"https:\/\/www.google.com\/search?q=protection+from+abuse+act+pennsylvania&amp;ie=utf-8&amp;oe=utf-8\">\u2794<\/a>.\u00a0 The 1991 version of the full Act is part of Title 21: Domestic Relations, and it can be found on the Pennsylvania Legislature\u2019s <a href=\"http:\/\/www.legis.state.pa.us\/WU01\/LI\/LI\/CT\/HTM\/23\/00.061..HTM\">website<\/a>.\u00a0 I will discuss some of the more pertinent sections.<\/p>\r\n<p>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 &#8220;emergency&#8221; 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&#8217;s attorney and filed with the petition so the judge can sign it.<\/p>\r\n<h2>Important Provisions, Part I<\/h2>\r\n<h3>Section 6106.\u00a0 Commencement of proceedings.<\/h3>\r\n<p>Sub-section (a) states that any adult or emancipated minor can request a PFA order for themselves.\u00a0 Minor children and incompetent adults can seek relief through a parent or guardian.\u00a0 It also makes clear that it is illegal to provide false information that implicates someone else.\u00a0 Finally, as shown below, there are provisions regarding the defendant&#8217;s occupation, plaintiff protection, and child abuse investigations.<\/p>\r\n<blockquote>\r\n<p><b>(a) \u00a0General rule.&#8211;<\/b>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.<\/p>\r\n<p><b>(a.1) \u00a0False reports.&#8211;<\/b>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. \u00a7 4906 (relating to false reports to law enforcement authorities).<\/p>\r\n<p><b>(a.2) \u00a0Notification of defendant&#8217;s occupation.&#8211;<\/b>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.<\/p>\r\n<p><b>(a.3) \u00a0Notification of need to protect plaintiff.&#8211;<\/b>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&#8217;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&#8217;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.<\/p>\r\n<p><b>(a.4) \u00a0Notification regarding child abuse investigation.&#8211;<\/b><\/p>\r\n<p style=\"padding-left: 40px;\">(1) \u00a0If 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.<\/p>\r\n<p style=\"padding-left: 40px;\">(2) \u00a0The 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.<\/p>\r\n<\/blockquote>\r\n<p>As sub-section (a) makes clear, making false reports is illegal.\u00a0 This would be a much bigger deal if the courts required substantial claims to issue a protective order.\u00a0 In Pennsylvania, it seems all someone needs to do is claim they&#8217;re scared to get an order issued.\u00a0 It&#8217;s also nearly impossible to prove a false claim, much like trying to prove a negative.\u00a0 Simply because there was no evidence does not necessarily make a claim false.\u00a0 With the vague claims Rita made, there was absolutely no way I could have proven them false.\u00a0 The best I could have done would be to have had the kids testify that they didn&#8217;t witness any alleged abuse, but that doesn&#8217;t prove there was none.<\/p>\r\n<p>If you <a href=\"https:\/\/www.google.com\/search?q=false+allegations+of+abuse\">search<\/a> the internet for phrases like &#8220;false allegations of abuse&#8221; or &#8220;abuse of protection orders,&#8221; you will get an indication of how widespread this problem is <a href=\"https:\/\/finance.yahoo.com\/news\/false-allegations-abuse-target-men-162509826.htm\">\u21d2<\/a> <a href=\"https:\/\/www.huffpost.com\/entry\/the-worst-thing-a-woman-c_b_837636\">\u21d2<\/a>.\u00a0 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.<\/p>\r\n<p>Sub-sections (b)-(d) also clarify that plaintiff fees are not permitted; filing the petition will cost the accuser nothing.\u00a0 However, if an order is granted, fees and costs will be assessed against the alleged abuser.\u00a0 These fees include a surcharge of $100, with $25 going to the Department of Public Welfare to use for victims of domestic violence.<\/p>\r\n<blockquote>\r\n<p><b>(b) \u00a0Plaintiff fees not permitted.&#8211;<\/b>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&#8217;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).<\/p>\r\n<p><b>(c) \u00a0Assessment of fees and costs against the defendant.&#8211;<\/b>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&#8217;s authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.<\/p>\r\n<p><b>(d) \u00a0Surcharge on order.&#8211;<\/b>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:<\/p>\r\n<p style=\"padding-left: 40px;\">(1) \u00a0$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.<\/p>\r\n<p style=\"padding-left: 40px;\">(2) \u00a0$50 shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:<\/p>\r\n<p style=\"padding-left: 80px;\">(i) \u00a0$25 shall be used by the sheriff.<\/p>\r\n<p style=\"padding-left: 80px;\">(ii) \u00a0$25 shall be used by the court.<\/p>\r\n<p style=\"padding-left: 40px;\">(3) \u00a0$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.<\/p>\r\n<p><b>(d.1) \u00a0Limitation.&#8211;<\/b>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.<\/p>\r\n<\/blockquote>\r\n<p>Sub-sections (e)-(g) establish procedures for serving an order on the accused.\u00a0<\/p>\r\n<blockquote>\r\n<p><b>(e) \u00a0Court to adopt means of service.&#8211;<\/b>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.<\/p>\r\n<p><b>(f) \u00a0Service by sheriff.&#8211;<\/b>If the court so orders, the sheriff or other designated agency or individual shall serve the petition and order.<\/p>\r\n<p><b>(g) \u00a0Service of petition and orders.&#8211;<\/b>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.<\/p>\r\n<p><b>(g.1) \u00a0Service of original process of a foreign protection order.&#8211;<\/b>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.<\/p>\r\n<\/blockquote>\r\n<p>Service is usually done by whatever law enforcement agency has jurisdiction over the alleged abuser.\u00a0 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.\u00a0 Police will frequently serve the order at either the defendant\u2019s home or work.\u00a0 In most cases, the defendant will be required to vacate the household and given a few minutes to gather personal belongings.\u00a0 They gave me 15 minutes to collect \u201cmy things.\u201d<\/p>\r\n<p>Sub-section (h) clarifies the process for requesting a PFA should be simple, and assistance should be provided.<\/p>\r\n<blockquote>\r\n<p><b>(h) \u00a0Assistance and advice to plaintiff.&#8211;<\/b>The courts and hearing officers shall:<\/p>\r\n<p style=\"padding-left: 40px;\">(1) \u00a0Provide 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.<\/p>\r\n<p style=\"padding-left: 40px;\">(2) \u00a0Provide 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&#8217;s lawyer referral service.<\/p>\r\n<\/blockquote>\r\n<div class=\"su-box su-box-style-default\" id=\"right-sidebar\" style=\"border-color:#000009;border-radius:3px;max-width:none\"><div class=\"su-box-title\" style=\"background-color:#2F323C;color:#FFFFFF;border-top-left-radius:1px;border-top-right-radius:1px\">Checklist Abuse Types<\/div><div class=\"su-box-content su-u-clearfix su-u-trim\" style=\"border-bottom-left-radius:1px;border-bottom-right-radius:1px\">\r\n<table id=\"tablepress-2\" class=\"tablepress tablepress-id-2 dataTable no-footer\" style=\"width: 91.3131%;\" role=\"grid\" aria-describedby=\"tablepress-2_info\">\r\n<tbody class=\"row-hover\">\r\n<tr class=\"row-2 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Grabbing, shoving, or pushing<\/td>\r\n<\/tr>\r\n<tr class=\"row-3 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Slapping (with an open hand)<\/td>\r\n<\/tr>\r\n<tr class=\"row-4 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Punching (with a closed fist)<\/td>\r\n<\/tr>\r\n<tr class=\"row-5 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Choking or strangling (any grabbing of the neck)<\/td>\r\n<\/tr>\r\n<tr class=\"row-6 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Biting<\/td>\r\n<\/tr>\r\n<tr class=\"row-7 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Forcing sexual contact<\/td>\r\n<\/tr>\r\n<tr class=\"row-8 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Forcing to stay in closet, room, home, or location<\/td>\r\n<\/tr>\r\n<tr class=\"row-9 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Physically restraining\/holding down the victim<\/td>\r\n<\/tr>\r\n<tr class=\"row-10 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Received threatening or harassing phone calls<\/td>\r\n<\/tr>\r\n<tr class=\"row-11 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Has the defendant threatened to kill you?<\/td>\r\n<\/tr>\r\n<tr class=\"row-12 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Does the defendant have access to weapons?<\/td>\r\n<\/tr>\r\n<tr class=\"row-13 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Threat by displaying or pointing weapon.<\/td>\r\n<\/tr>\r\n<tr class=\"row-14 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Using a weapon (including but not limited to a firearm)<\/td>\r\n<\/tr>\r\n<tr class=\"row-15 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Threat by cruelty to animals<\/td>\r\n<\/tr>\r\n<tr class=\"row-16 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Physically abusing children in the household<\/td>\r\n<\/tr>\r\n<tr class=\"row-17 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Sexually abusing children in the household<\/td>\r\n<\/tr>\r\n<tr class=\"row-18 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Threat to injure self\/others<\/td>\r\n<\/tr>\r\n<tr class=\"row-19 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Threat by following<\/td>\r\n<\/tr>\r\n<tr class=\"row-20 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Threat by damage to property<\/td>\r\n<\/tr>\r\n<tr class=\"row-21 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Name calling\/directed use of obscenities<\/td>\r\n<\/tr>\r\n<tr class=\"row-22 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Has the physical violence increased in severity or frequency over the past year?<\/td>\r\n<\/tr>\r\n<tr class=\"row-23 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Have you left the defendant after living together for the past year?<\/td>\r\n<\/tr>\r\n<tr class=\"row-24 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Is the defendant unemployed?<\/td>\r\n<\/tr>\r\n<tr class=\"row-25 odd\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Has the defendant avoided being arrested for domestic violence?<\/td>\r\n<\/tr>\r\n<tr class=\"row-26 even\">\r\n<td class=\"column-1\" style=\"width: 100%;\">Do you have a minor child that is not the defendant&#8217;s?<\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\n<\/div><\/div>\r\n<p>I believe this requirement is handled somewhat differently in each county.\u00a0 In Centre County, my understanding is the Women&#8217;s Resource Center does much of the work.\u00a0 The sidebar shows the &#8220;Type[s] of Abuse&#8221; checklist given to people claiming they have been abused. \u00a0For each type of abuse, there are boxes for &#8220;Experienced abuse by the defendant?&#8221;, &#8220;Indicate either the dates of the incidents or the frequency of the abuse.&#8221;, &#8220;Indicate physical injuries, if any.&#8221; and &#8220;Was there police contact?&#8221;<\/p><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1063-2\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1063-P02.mp3?_=2\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1063-P02.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1063-P02.mp3<\/a><\/audio>\r\n<h3>Section 6107.\u00a0 Hearings.<\/h3>\r\n<p>Section 6107 describes how hearings are to be conducted. One important thing to know concerning these hearings is that they are <em>civil<\/em> hearings in a civil (not criminal) court.\u00a0 It is important to understand this because the rules are very different than those you may see in television courtroom dramas.\u00a0 The rules of evidence are much different in civil court than in criminal court.\u00a0 There is no discovery process in which the accuser has to inform the accused before the hearing of evidence that will be presented.\u00a0 This makes it extremely difficult for people to defend themselves, especially when the accuser is willing to fabricate stories.\u00a0 Defendants may have absolutely no idea what they will need to defend themselves against.\u00a0 Witness lists are also not required to be exchanged.\u00a0 Thus, it is again challenging for people to defend themselves by calling witnesses that might contradict the accuser\u2019s witnesses. \u00a0Additionally, the defendant or the defendant\u2019s attorney will not have a chance to prepare to cross-examine any witness.<\/p>\r\n<p>These hearings are not allotted much court time, and the judge will likely push things along.\u00a0 This again makes it very difficult for the defense.\u00a0 If new accusations are made during the hearing, an attorney will have almost no chance to discuss them with the defendant.\u00a0 In this regard, it is almost better to represent yourself as the defendant or at least have an attorney willing to allow you to participate in cross-examining witnesses.\u00a0 However, the judge may not allow this.<\/p>\r\n<p>There will, of course, be no jury, and the decision whether or not to issue an order and for how long that order will remain in place is made by a single, <em>elected<\/em> judge.\u00a0 This is a crucial flaw in the system that I discuss throughout this book.<\/p>\r\n<p>Sub-section (a) provides the general rules as to how hearings determining if a PFA order should be granted should be conducted.\u00a0<\/p>\r\n<blockquote>\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li><b>(a) \u00a0General rule.&#8211;<\/b>Within ten business days of the filing of a petition under this chapter, a hearing shall be held before the court, at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence. The court shall, at the time the defendant is given notice of the hearing, advise the defendant of the right to be represented by counsel, of the right to present evidence, of the right to compel attendance of witnesses, of the method by which witnesses may be compelled, of the possibility that any firearm, other weapon or ammunition owned and any firearm license possessed may be ordered temporarily relinquished, of the options for relinquishment of a firearm pursuant to this chapter, of the possibility that Federal or State law may prohibit the possession of firearms, including an explanation of 18 U.S.C. \u00a7 922(g)(8) (relating to unlawful acts) and 18 Pa.C.S. \u00a7 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), and that any protection order granted by a court may be considered in any subsequent proceedings under this title. This notice shall be printed and delivered in a manner which easily attracts attention to its content and shall specify that child custody is one of the proceedings where prior protection orders may be considered.<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>First, it says that a hearing must be held before the court within ten business days of filing the petition.\u00a0 During the hearing, the accuser must prove the allegation(s) of abuse by a \u201cpreponderance of the evidence.\u201d\u00a0 This is a much lower burden of proof than what must be proven in a criminal trial, i.e., \u201cbeyond a reasonable doubt.\u201d\u00a0 According to <a href=\"https:\/\/en.wikipedia.org\/wiki\/Burden_of_proof_(law)#Preponderance_of_the_evidence\">Wikipedia<\/a>:<\/p>\r\n<blockquote class=\"wp-block-quote\">\r\n<p>The [preponderance of evidence] standard is met if the proposition is more likely to be true than not true. The standard is satisfied if there is greater than fifty percent chance that the proposition is true. Lord Denning, in Miller v. Minister of Pensions, described it simply as \u201cmore probable than not.\u201d<\/p>\r\n<\/blockquote>\r\n<p>\u201cClear and convincing evidence\u201d is another higher level of burden of persuasion than \u201cpreponderance of the evidence\u201d that is often used in civil court.\u00a0 However, the Pennsylvania legislature made it such that a judge basically only has to believe the accuser more than the defendant to grant the petition and issue an order.<\/p>\r\n<p>The second statement contains much of the important content of this subsection and attempts to establish some of the procedures for the hearing.\u00a0 Defendants are supposed to be advised of all this information when they are informed of the hearing, which I suspect in most cases is when they are served with the order.\u00a0 I do not recall being told any of this, but it was a very tumultuous time.\u00a0 The Notice of Hearing&#8211;shown in the image gallery&#8211;only contains information about relinquishing firearms and obtaining an attorney.\u00a0<\/p>\r\n<style type=\"text\/css\">\n#foogallery-gallery-1674 .fg-image { width: 640px; }<\/style>\n\t\t\t<div class=\"foogallery foogallery-container foogallery-image-viewer foogallery-link-image foogallery-lightbox-foobox fg-center fg-image-viewer fg-ready fg-dark fg-border-thin fg-shadow-outline fg-loading-default fg-loaded-fade-in fg-caption-hover fg-hover-fade fg-hover-zoom\" id=\"foogallery-gallery-1674\" data-foogallery=\"{&quot;item&quot;:{&quot;showCaptionTitle&quot;:true,&quot;showCaptionDescription&quot;:true},&quot;lazy&quot;:true,&quot;src&quot;:&quot;src&quot;,&quot;srcset&quot;:&quot;srcset&quot;,&quot;template&quot;:{&quot;loop&quot;:true,&quot;autoplay&quot;:0}}\" style=\"--fg-title-line-clamp: 0; --fg-description-line-clamp: 0;\" >\n\t<div class=\"fiv-inner\">\n\t\t<div class=\"fiv-inner-container\">\n\t\t\t<div class=\"fg-item fg-type-image fg-loading\"><figure class=\"fg-item-inner\"><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2021\/06\/Notice_Of_Hearing-1.png\" data-attachment-id=\"1675\" data-type=\"image\" class=\"fg-thumb\"><span class=\"fg-image-wrap\"><img src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/cache\/2021\/06\/Notice_Of_Hearing-1\/1528400869.png\" width=\"278\" height=\"360\" class=\"skip-lazy fg-image\" decoding=\"async\" loading=\"lazy\"><\/span><span class=\"fg-image-overlay\"><\/span><\/a><\/figure><div class=\"fg-loader\"><\/div><\/div><div class=\"fg-item fg-type-image fg-loading\"><figure class=\"fg-item-inner\"><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2021\/06\/Notice_Of_Hearing-2.png\" data-attachment-id=\"1676\" data-type=\"image\" class=\"fg-thumb\"><span class=\"fg-image-wrap\"><img src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/cache\/2021\/06\/Notice_Of_Hearing-2\/524908467.png\" width=\"278\" height=\"360\" class=\"skip-lazy fg-image\" decoding=\"async\" loading=\"lazy\"><\/span><span class=\"fg-image-overlay\"><\/span><\/a><\/figure><div class=\"fg-loader\"><\/div><\/div>\t\t<\/div>\n\t\t<div class=\"fiv-ctrls\">\n\t\t\t<button type=\"button\" class=\"fiv-prev\" title=\"Prev\"><span>Prev<\/span><\/button>\n\t\t\t<label class=\"fiv-count\"><span class=\"fiv-count-current\">1<\/span>of<span class=\"fiv-count-total\">2<\/span><\/label>\n\t\t\t<button type=\"button\" class=\"fiv-next\" title=\"Next\"><span>Next<\/span><\/button>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n\r\n<p>The sentence first appears to state that you have the right to be represented by an attorney unlike in other civil hearings.\u00a0 This is a fascinating statement which deserves some scrutiny and is a good illustration of how courts interpret laws.\u00a0 I believe when most people read this statement, they assume, as I did, that if you could not afford an attorney, one would be provided.\u00a0 However, this is <em>not<\/em> what it says and <em>not <\/em>how the courts interpret it.\u00a0 Note that when criminal defendants are read their rights, the arresting office also states, &#8220;If you cannot afford an attorney, one will be appointed to you by the state.&#8221;\u00a0 <em>That<\/em> is not what is stated here, and one thing the hearing notice makes clear in bold, capitalize text is that:<\/p>\r\n<blockquote>\r\n<p><strong>YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.\u00a0 YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU.\u00a0 IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFlCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.\u00a0 IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.<\/strong><\/p>\r\n<\/blockquote>\r\n<p>Thus, you have the right to be represented by a lawyer, just as you have the right to wear a tie to the hearing.\u00a0 The courts have decided that even though the law explicitly states that you have the right to an attorney, it is really simply stating the obvious and merely means that you <em>can<\/em> have an attorney.\u00a0 The office provided for legal assistance is simply the County Lawyer Referral Service in the Court Administrator&#8217;s Office.\u00a0 <br \/>If the legislature did not mean that the state would provide an attorney if necessary, then I&#8217;m not sure why it is even stated.\u00a0 It would be interesting to research the history, including the debate that occurred of this section of the law, to see why the authors felt the need to include this.\u00a0 If a female accuser does not have an attorney, I believe the women&#8217;s resources center in most counties will provide one at no charge.<\/p>\r\n<p>The second clause clarifies that the defendant has a right to present evidence and compel witnesses to testify.\u00a0 It also states that defendants should be advised of the method by which they may compel witnesses.\u00a0 While I do not recall being explicitly told any of this, I must have assumed I could have asked witnesses to testify on my behalf.\u00a0 Ultimately, it never came to this, and I really don&#8217;t know who I would have asked to testify.\u00a0 <br \/>Interestingly, it specifically states that defendants are to be told how to compel witnesses to testify.\u00a0 This is normally done with a subpoena, and it may be that is what defendants are told; however, subpoenas take time to obtain, and witnesses typically have 21 days to respond.\u00a0 This timing is clearly at odds with the ten-day requirement for the hearing.\u00a0 Thus, maybe there are other methods to compel witnesses to testify.<\/p>\r\n<p>The rest of the sub-section primarily deals with firearms. The hearing notice also clarifies that the defendant may have to relinquish any firearms, ammunition, or licenses.\u00a0 It also states that the defendant is supposed to be explicitly notified that the outcome of the PFA hearing may be considered when determining child custody.\u00a0 Again, the hearing notice makes no mention of this, and I very much doubt the officer serving the notice said anything about it.\u00a0 However, I suspect it would be clear to most defendants that PFA orders would be considered in determining child custody.<\/p>\r\n<p>While it is nice to have a speedy \u201ctrial,\u201d having a hearing only ten, and possibly in as few as four business days after the allegations are made, once again makes it very difficult for people to defend themselves.\u00a0 If the defendant can afford an attorney, they will need to find one willing to take the case during these few days.\u00a0 If the defendant even knows what the allegations are (a temporary order does not contain the allegations, and the petition can be extremely vague), they have at most 12 days to collect evidence and solicit potential witnesses.\u00a0 There is no sense in subpoenaing evidence or witnesses as the respondent is not required to respond within this short window of time.<\/p>\r\n<p>The next sub-section deals specifically with temporary orders, and it provides some guidelines for when they should be issued.<\/p>\r\n<blockquote>\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li><b>(b) \u00a0Temporary orders.&#8211;<\/b>\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li>(1) \u00a0If a plaintiff petitions for temporary order for protection from abuse and alleges immediate and present danger of abuse to the plaintiff or minor children, the court shall conduct an ex parte proceeding.<\/li>\r\n<li>(2) \u00a0The court may enter such a temporary order as it deems necessary to protect the plaintiff or minor children when it finds they are in immediate and present danger of abuse. The order shall remain in effect until modified or terminated by the court after notice and hearing.<\/li>\r\n<li>(3) \u00a0In addition to any other relief, the court may, pursuant to section 6108 (relating to relief), direct that the defendant temporarily relinquish to the sheriff any firearms, other weapons or ammunition for the duration of the temporary order if the petition demonstrates any of the following:\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li>(i) \u00a0Abuse which involves a firearm or other weapon.<\/li>\r\n<li>(ii) \u00a0An immediate and present danger of abuse. In determining whether an immediate and present danger of abuse exists, the court shall consider a number of factors, including, but not limited to:\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li>(A) \u00a0Whether the temporary order of protection from abuse is not likely to achieve its purpose in the absence of such a condition.<\/li>\r\n<li>(B) \u00a0Whether the defendant has previously violated a protection from abuse order.<\/li>\r\n<li>(C) \u00a0Whether past or present abuse to the plaintiff or any of the plaintiff&#8217;s minor children resulted in injury.<\/li>\r\n<li>(D) \u00a0Whether the abuse occurred in public.<\/li>\r\n<li>(E) \u00a0Whether the abuse includes:\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li>(I) \u00a0threats of abuse or suicide;<\/li>\r\n<li>(II) \u00a0killing or threatening to kill pets;<\/li>\r\n<li>(III) \u00a0an escalation of violence;<\/li>\r\n<li>(IV) \u00a0stalking or obsessive behavior;<\/li>\r\n<li>(V) \u00a0sexual violence; or<\/li>\r\n<li>(VI) \u00a0drug or excessive alcohol use.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(4) \u00a0If the court orders the defendant to temporarily relinquish any firearm, other weapon or ammunition pursuant to paragraph (3), the defendant shall decide in what manner the defendant is going to relinquish any firearm, other weapon or ammunition listed in the order. Relinquishment may be to the sheriff pursuant to section 6108(a)(7) or to a third party for safekeeping pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping).<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>In particular, it says that the accuser must allege there is an immediate and present danger of abuse and attend an <span id=\"su_tooltip_6a8cbaacdac27_button\" class=\"su-tooltip-button su-tooltip-button-outline-yes\" aria-describedby=\"su_tooltip_6a8cbaacdac27\" data-settings='{\"position\":\"top\",\"behavior\":\"hover\",\"hideDelay\":0}' tabindex=\"0\"><em>ex-parte<\/em> hearing<\/span><span style=\"display:none;z-index:100\" id=\"su_tooltip_6a8cbaacdac27\" class=\"su-tooltip\" role=\"tooltip\"><span class=\"su-tooltip-inner su-tooltip-shadow-yes\" style=\"z-index:100;background:#CAED9E;color:#3F6219;font-size:16px;border-radius:5px;text-align:left;max-width:300px;line-height:1.25\"><span class=\"su-tooltip-title\"><\/span><span class=\"su-tooltip-content su-u-trim\">An ex-parte hearing is one in which the defendant is not present nor represented by an attorney.<\/span><\/span><span id=\"su_tooltip_6a8cbaacdac27_arrow\" class=\"su-tooltip-arrow\" style=\"z-index:100;background:#CAED9E\" data-popper-arrow><\/span><\/span> proceeding, i.e., neither the defendant nor the defendant&#8217;s attorney can participate.\u00a0 Obtaining a transcript of this proceeding may help the accused prepare a better defense if the court reporter can prepare it in time. I&#8217;m not sure what the judge is supposed to ascertain from this proceeding beyond seeing if the accuser is sincere.\u00a0 You would think this would all be on the record, and the accuser would be under oath.\u00a0 However, personally observing some of these hearings, all accusers have to do is allege they believe there is an immediate threat, and there is no way to prove if they truly believe this or not.\u00a0<\/p>\r\n<p>The court is also predicting what a defendant might do. It appears, at least in Centre County, judges issue temporary orders to cover their ass in the event a defendant turns violent. Judges must know this is all a charade as I find it hard to imagine a protective order ever prevented someone from doing serious harm.<\/p>\r\n<p>The remainder of the sub-section again deals with relinquishing firearms and provides clear guidance about when it is appropriate for the court to require a defendant to do so.\u00a0 While guidance is provided, it ultimately is all based on a judge&#8217;s opinion.\u00a0 My understanding is that Centre County judges almost always require defendants to relinquish their firearms.\u00a0 Again, I believe this is again done to remove any culpability of the judge for the harm a defendant might cause.<\/p>\r\n<p>Finally, subsection (c) gives guidelines for hearings that must be continued, i.e., postponed.<\/p>\r\n<blockquote>\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li><b>(c) \u00a0Continued hearings.&#8211;<\/b>\r\n<ol style=\"list-style-type: lower-alpha;\">\r\n<li>(1) \u00a0If a hearing under subsection (a) is continued and no temporary order is issued, the court may make ex parte temporary orders under subsection (b) as it deems necessary.<\/li>\r\n<li>(2) \u00a0If a hearing is scheduled to take place within three business days after a defendant is served under section 6106 (relating to commencement of proceedings), the court shall grant a continuance until the three-business-day period has elapsed, if requested by the defendant.<\/li>\r\n<li>(3) \u00a0The court shall notify the defendant of the right to such continuance.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>This happens primarily because legal counsel is not available when the court administrator schedules the hearing.\u00a0 In this case, a temporary order may be issued or, more likely, extended until the hearing occurs. If a court schedules this hearing within three business days of the defendant being notified, the defendant can request a continuance until the three-business-day period has elapsed.\u00a0 Thus, a defendant will have at least three business days to hire an attorney and prepare a defense.<\/p>\r\n<p>Because this section says hearings <em>shall<\/em>&#8211;legal wording for &#8220;must&#8221;&#8211;be held within ten business days of the filing of the petition, it would seem that continuations would have to occur within this ten-day window.\u00a0<\/p>\r\n<p>I suspect that the legislation was written thinking that a hearing would never occur after this ten-day period had expired.\u00a0 If this were not the thinking, I cannot imagine lawmakers would have allowed temporary orders to be extended indefinitely.\u00a0 If this were the thinking, then the legislature has tacitly provided a way for plaintiffs to keep an order in effect without allowing the defendants to ever be heard by continuing to postpone the hearing. Thus, for all practical purposes, it appears that the accused can be under the harsh demands of a temporary order indefinitely. While the courts themselves would probably not allow it, it wouldn&#8217;t seem the legislature would have wanted this to be possible.<\/p>\r\n<p>As described in the next chapter, Centre County courts seem to ignore this part of the law if it inconveniences an attorney.\u00a0 I would suggest that the law be changed to allow the defendant to continue the hearing indefinitely as long as a temporary order is in effect.\u00a0 However, it seems like the plaintiff should not be allowed to continue a hearing past ten days if a temporary order has been issued.<\/p>\r\n","protected":false},"excerpt":{"rendered":"<p>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&#8217;t developed a plan to move out of the house.\u00a0 However, I didn\u2019t pay much attention to this as I had never abused anyone and never intended to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_oasis_is_in_workflow":0,"_oasis_original":0,"inline_featured_image":false,"footnotes":""},"class_list":["post-1063","page","type-page","status-publish","hentry"],"jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1063","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1063"}],"version-history":[{"count":25,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1063\/revisions"}],"predecessor-version":[{"id":3066,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1063\/revisions\/3066"}],"wp:attachment":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}