{"id":1067,"date":"2021-04-12T10:31:04","date_gmt":"2021-04-12T10:31:04","guid":{"rendered":"http:\/\/96.66.168.57:8080\/wordpress\/?page_id=1067"},"modified":"2026-08-24T02:53:59","modified_gmt":"2026-08-24T02:53:59","slug":"intermission-4-introduction-to-the-protection-from-abuse-act-part-2","status":"publish","type":"page","link":"https:\/\/unstablefocus.mynetgear.com\/?page_id=1067","title":{"rendered":"Intermission 4:  Introduction to the Protection from Abuse Act, Part 2"},"content":{"rendered":"<audio class=\"wp-audio-shortcode\" id=\"audio-1067-1\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P01.mp3?_=1\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P01.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P01.mp3<\/a><\/audio>\r\n<h2>Important Provisions, Part II<\/h2>\r\n<h3>Section 6108.\u00a0 Relief.<\/h3>\r\n<p><span data-tt=\"{&quot;paragraphStyle&quot;:{&quot;alignment&quot;:4,&quot;writingDirection&quot;:1}}\">Section 6108 describes what stipulations the judge can put in a PFA order. Ultimately, it gives judges complete freedom to put in almost anything they. The parties involved can petition the court to have the order changed. The orders I&#8217;ve seen are nearly identical except for provisions regarding contact concerning children. The standard stipulations appear to have grown over the years and are now bordering, and I believe crossing over, being severe violations of civil rights.<\/span><\/p>\r\n<p>Subsection (a) is lengthy, and I include it for completeness but will summarize it below. Note that it states the order <em>may<\/em> consist of the listed forms of relief.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(a) \u00a0General rule.&#8211;<\/b>Subject to subsection (a.1), the court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include:\r\n<ol>\r\n<li>(1) \u00a0Directing the defendant to refrain from abusing the plaintiff or minor children.<\/li>\r\n<li>(2) \u00a0Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff if the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff.<\/li>\r\n<li>(3) \u00a0If the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, with the consent of the plaintiff, ordering the defendant to provide suitable alternate housing.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p><span data-tt=\"{&quot;paragraphStyle&quot;:{&quot;alignment&quot;:4,&quot;writingDirection&quot;:1}}\">The first subsection says the order may &#8220;direct[] the defendant to refrain from abusing the plaintiff or minor children.&#8221; The second and third subsections deal with housing and give the court the power to force the parties involved to live separately.\u00a0 Even if the defendant is the sole owner or lessee, the court can provide the plaintiff exclusive possession of the residence.\u00a0 However, if and <em>only<\/em> if the plaintiff agrees, the defendant can be ordered to provide alternate housing.\u00a0 While I certainly understand the intent here, I find it somewhat troubling that the court can award possession of a residence to someone that holds no stake in that residence and, thus, has no incentive to maintain it.\u00a0 In this case, I think the property owner or lessee should provide alternate housing with the court determining if it&#8217;s suitable.\u00a0 I would rewrite the law to state that the court could grant possession of the residence to the plaintiff until the defendant finds fair alternate housing for the plaintiff.<\/span><\/p>\r\n<p>The fourth subsection addresses custody and visitation rights concerning minor children.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li>(4) \u00a0Awarding temporary custody of or establishing temporary visitation rights with regard to minor children. In determining whether to award temporary custody or establish temporary visitation rights pursuant to this paragraph, the court shall consider any risk posed by the defendant to the children as well as risk to the plaintiff. The following shall apply:\r\n<ol>\r\n<li>(i) \u00a0A defendant shall not be granted custody, partial custody or unsupervised visitation where it is alleged in the petition, and the court finds after a hearing under this chapter, that the defendant:\r\n<ol>\r\n<li>(A) \u00a0abused the minor children of the parties or poses a risk of abuse toward the minor children of the parties; or<\/li>\r\n<li>(B) \u00a0has been convicted of violating 18 Pa.C.S. \u00a7 2904 (relating to interference with custody of children) within two calendar years prior to the filing of the petition for protection order or that the defendant poses a risk of violating 18 Pa.C.S. \u00a7 2904.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(ii) \u00a0Where the court finds after a hearing under this chapter that the defendant has inflicted abuse upon the plaintiff or a child, the court may require supervised custodial access by a third party. The third party must agree to be accountable to the court for supervision and execute an affidavit of accountability.<\/li>\r\n<li>(iii) \u00a0Where the court finds after a hearing under this chapter that the defendant has inflicted serious abuse upon the plaintiff or a child or poses a risk of abuse toward the plaintiff or a child, the court may:\r\n<ol>\r\n<li>(A) \u00a0award supervised visitation in a secure visitation facility; or<\/li>\r\n<li>(B) \u00a0deny the defendant custodial access to a child.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(iv) \u00a0If a plaintiff petitions for a temporary order under section 6107(b) (relating to hearings) and the defendant has partial, shared or full custody of the minor children of the parties by order of court or written agreement of the parties, the custody shall not be disturbed or changed unless the court finds that the defendant is likely to inflict abuse upon the children or to remove the children from the jurisdiction of the court prior to the hearing under section 6107(a). Where the defendant has forcibly or fraudulently removed any minor child from the care and custody of a plaintiff, the court shall order the return of the child to the plaintiff unless the child would be endangered by restoration to the plaintiff.<\/li>\r\n<li>(v) \u00a0Nothing in this paragraph shall bar either party from filing a petition for custody under Chapter 53 (relating to custody) or under the Pennsylvania Rules of Civil Procedure.<\/li>\r\n<li>(vi) \u00a0In order to prevent further abuse during periods of access to the plaintiff and child during the exercise of custodial rights, the court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children from abuse.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>The guidelines here appear to mostly mirror those provided to the courts for determining custody and visitation generally.\u00a0 If the court determines the defendant has abused the minor children or there is a risk of abuse, it should only allow visitation supervised by a trusted third party.\u00a0 If the court determines that the abuse was &#8220;serious,&#8221; it can order that supervised visits be in a secure visitation facility or completely deny custodial access.\u00a0 Oddly, this clause also states that the court has these options should it determine there is a risk of abuse.\u00a0 Thus, ultimately, the court has the power to deny custodial access simply because it thinks there might be a risk of abuse.\u00a0 I can certainly understand wanting to prevent a child from being abused, but I&#8217;m not sure how a court can make that prediction without some prior history of abuse.\u00a0 My understanding of custody guidelines in Pennsylvania is that the court should only deny custodial access entirely if there is an immediate threat to the children.<\/p>\r\n<p>More importantly, this subsection addresses what should happen when a temporary order is issued.\u00a0 It states that the court should not alter a custody arrangement when it issues a temporary order.\u00a0 However, if the court finds that the defendant is likely to inflict abuse or take the children, it can essentially do whatever it wants. It&#8217;s not clear how a court could make this determination after an <em>ex parte<\/em> proceeding in which it only heard the plaintiff unless the court had documented evidence of prior child abuse.\u00a0 My particular case was unusual because there was no custody arrangement when the court granted the order.\u00a0 Rita claimed the kids needed to be protected, but there was never any allegation of abuse.\u00a0 It has never been clear to me how Judge Ruest decided that I could have only supervised visits when she issued the temporary order; Rita may have somehow requested it.\u00a0 Again, I highly suspect that Rita&#8217;s attorney filled out the order, and Judge Ruest signed it without knowing its contents.<\/p>\r\n<p><span data-tt=\"{&quot;paragraphStyle&quot;:{&quot;alignment&quot;:4,&quot;writingDirection&quot;:1}}\">\u2028Again, there is a great deal of leeway here. A court can always claim they thought the defendant &#8220;pose(d) a risk of violating&#8221; the statute. It is also not clear if the last sentence applies in general or just in the case of documented child abuse. <\/span><\/p><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1067-2\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P02.mp3?_=2\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P02.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P02.mp3<\/a><\/audio>The next subsection concerns financial support for the plaintiff.\u00a0 The final order can, at least temporarily, require that defendants support whomever they have &#8220;a duty to support.&#8221; Essentially, this prevents a defendant from completely cutting off financial support.\u00a0 The plaintiff must file a complaint for support within two weeks of the court issuing the final PFA order to have support continue. Oddly, there is nothing here concerning temporary orders, making it clear that this type of relief can only be in an order after the hearing.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li>(5) \u00a0After a hearing in accordance with section 6107(a), directing the defendant to pay financial support to those persons the defendant has a duty to support, requiring the defendant, under sections 4324 (relating to inclusion of medical support) and 4326 (relating to mandatory inclusion of child medical support), to provide health coverage for the minor child and spouse, directing the defendant to pay all of the unreimbursed medical expenses of a spouse or minor child of the defendant to the provider or to the plaintiff when he or she has paid for the medical treatment, and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff to the extent that the defendant has a duty to support the plaintiff or other dependent household members. The support order shall be temporary, and any beneficiary of the order must file a complaint for support under the provisions of Chapters 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) within two weeks of the date of the issuance of the protection order. If a complaint for support is not filed, that portion of the protection order requiring the defendant to pay support is void. When there is a subsequent ruling on a complaint for support, the portion of the protection order requiring the defendant to pay support expires.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>Subsection (6) states that the order can prohibit the defendant from contacting the plaintiff or minor children.\u00a0 I&#8217;m not sure how the legislature intended to use the word contact here; their wording suggests physical contact can be prohibited, requiring the defendant to avoid being near the plaintiff.\u00a0 Oddly, this subsection also states that the order can restrain the plaintiff from harassing the plaintiff or the plaintiff&#8217;s family.\u00a0 While this type of requirement seems natural for a restraining order, harassment is already a crime.\u00a0 However, having this in a court order makes it <em>much<\/em> easier to convict someone for harassment and give much harsher punishments.<\/p>\r\n<p><span data-tt=\"{&quot;paragraphStyle&quot;:{&quot;alignment&quot;:4,&quot;writingDirection&quot;:1}}\">\u2028The petitioner will likely supply a lengthy list of people to the judge when requesting an emergency or temporary order. In my case, the court included my children, Rita&#8217;s sister, and her mother, even though there were no allegations that I had ever done anything to threaten or harm them. <\/span><\/p>\r\n<p>Subsection (7) is another lengthy section dealing with firearms, and I include it here only for completeness.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li>(6) \u00a0Prohibiting the defendant from having any contact with the plaintiff or minor children, including, but not limited to, restraining the defendant from entering the place of employment or business or school of the plaintiff or minor children and from harassing the plaintiff or plaintiff&#8217;s relatives or minor children.<\/li>\r\n<li>(7) \u00a0Prohibiting the defendant from acquiring or possessing any firearm for the duration of the order, ordering the defendant to temporarily relinquish to the sheriff or the appropriate law enforcement agency any firearms under the defendant&#8217;s possession or control, and requiring the defendant to relinquish to the sheriff or the appropriate law enforcement agency any firearm license issued under section 6108.3 (relating to relinquishment to third party for safekeeping) or 18 Pa.C.S. \u00a7 6106 (relating to firearms not to be carried without a license) or 6109 (relating to licenses) the defendant may possess. The court may also order the defendant to relinquish the defendant&#8217;s other weapons or ammunition that have been used or been threatened to be used in an incident of abuse against the plaintiff or the minor children. A copy of the court&#8217;s order shall be transmitted to the chief or head of the appropriate law enforcement agency and to the sheriff of the county of which the defendant is a resident. When relinquishment is ordered, the following shall apply:\r\n<ol>\r\n<li>(i) \u00a0(A) \u00a0The court&#8217;s order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs&#8217; offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant&#8217;s firearms.\r\n<ol>\r\n<li>(B) \u00a0A defendant subject to a temporary order requiring the relinquishment of firearms, other weapons or ammunition shall, in lieu of relinquishing specific firearms, other weapons or ammunition which cannot reasonably be retrieved within the time for relinquishment in clause (A) due to their current location, provide the sheriff or the appropriate law enforcement agency with an affidavit listing the firearms, other weapons or ammunition and their current location. If the defendant, within the time for relinquishment in clause (A), fails to provide the affidavit or fails to relinquish, pursuant to this chapter, any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement authorities. The defendant shall not possess any firearms, other weapons or ammunition specifically listed in the affidavit provided to the sheriff or the appropriate law enforcement agency pursuant to this clause for the duration of the temporary order.<\/li>\r\n<li>(C) \u00a0As used in this subparagraph, the term &#8220;cause&#8221; shall be limited to facts relating to the inability of the defendant to retrieve a specific firearm within 24 hours due to the current location of the firearm.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(ii) \u00a0The court&#8217;s order shall contain a list of any firearm, other weapon or ammunition ordered relinquished. Upon the entry of a final order, the defendant shall inform the court in what manner the defendant is going to relinquish any firearm, other weapon or ammunition ordered relinquished. Relinquishment may occur pursuant to section 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 or to the sheriff or the appropriate law enforcement agency pursuant to this paragraph. Where the sheriff or the appropriate law enforcement agency is designated, the sheriff or the appropriate law enforcement agency shall secure custody of the defendant&#8217;s firearms, other weapons or ammunition and any firearm license listed in the court&#8217;s order for the duration of the order or until otherwise directed by court order. In securing custody of the defendant&#8217;s relinquished firearms, the sheriff or the appropriate law enforcement agency shall comply with 18 Pa.C.S. \u00a7 6105(f)(4) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms). In securing custody of the defendant&#8217;s other weapons and ammunition, the sheriff or the appropriate law enforcement agency shall provide the defendant with a signed and dated written receipt which shall include a detailed description of the other weapon or ammunition and its condition. The court shall inform the defendant that firearms, other weapons or ammunition shall be deemed abandoned when the conditions under 18 Pa.C.S. \u00a7 6128(a) (relating to abandonment of firearms, weapons or ammunition) are satisfied and may then be disposed of in accordance with 18 Pa.C.S. \u00a7 6128.<\/li>\r\n<li>(iii) \u00a0The sheriff or the appropriate law enforcement agency shall provide the plaintiff with the name of the person to which any firearm, other weapon or ammunition was relinquished.<\/li>\r\n<li>(iv) \u00a0Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 or 6108.3, if the defendant fails to relinquish any firearm, other weapon, ammunition or firearm license within 24 hours or upon the close of the next business day due to closure of sheriffs&#8217; or appropriate law enforcement agencies&#8217; offices or within the time ordered by the court upon cause being shown at the hearing, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies, as appropriate.<\/li>\r\n<li>(v) \u00a0Any portion of any order or any petition or other paper which includes a list of any firearm, other weapon or ammunition ordered relinquished shall be kept in the files of the court as a permanent record thereof and withheld from public inspection except:\r\n<ol>\r\n<li>(A) \u00a0upon an order of the court granted upon cause shown;<\/li>\r\n<li>(B) \u00a0as necessary, by law enforcement and court personnel; or<\/li>\r\n<li>(C) \u00a0after redaction of information listing any firearm, other weapon or ammunition.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(vi) \u00a0As used in this paragraph, the term &#8220;defendant&#8217;s firearms&#8221; shall, if the defendant is a licensed firearms dealer, only include firearms in the defendant&#8217;s personal firearms collection pursuant to 27 CFR \u00a7 478.125a (relating to personal firearms collection).<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(7.1) \u00a0If the defendant is a licensed firearms dealer, ordering the defendant to follow such restrictions as the court may require concerning the conduct of his business, which may include ordering the defendant to relinquish any Federal or State license for the sale, manufacture or importation of firearms as well as firearms in the defendant&#8217;s business inventory. In restricting the defendant pursuant to this paragraph, the court shall make a reasonable effort to preserve the financial assets of the defendant&#8217;s business while fulfilling the goals of this chapter.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p><span data-tt=\"{&quot;paragraphStyle&quot;:{&quot;alignment&quot;:4,&quot;writingDirection&quot;:1}}\">The next subsection addresses reimbursing the plaintiff for &#8220;reasonable losses suffered as a result of the abuse.&#8221; Anything the plaintiff can claim as financial losses, the court can order the defendant to reimburse.\u00a0 In my case, the emergency and temporary orders that I suspect Rita&#8217;s attorney wrote stated that I was to pay for Rita&#8217;s attorney&#8217;s fees and reimburse her for &#8220;loss of work&#8221; and the cost of lock changes.\u00a0 The final order included none of this; I suspect Judge Ruest read the final order before signing it.<br \/><\/span><\/p>\r\n<blockquote>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li>(8) \u00a0Directing the defendant to pay the plaintiff for reasonable losses suffered as a result of the abuse, including medical, dental, relocation and moving expenses; counseling; loss of earnings or support; costs of repair or replacement of real or personal property damaged, destroyed or taken by the defendant or at the direction of the defendant; and other out-of-pocket losses for injuries sustained. In addition to out-of-pocket losses, the court may direct the defendant to pay reasonable attorney fees. An award under this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p><span data-tt=\"{&quot;paragraphStyle&quot;:{&quot;alignment&quot;:4,&quot;writingDirection&quot;:1}}\">Subsection (9) seems pretty straightforward, but I wonder why it&#8217;s near the end of the list and if the legislature added it after The Act became law. It is also not clear why an order would specifically preclude someone from doing something that is against the law anyway. Again, I suspect the legislature added this to provide district attorneys the option of charging an alleged abuser with a PFA violation.\u00a0 A PFA violation is <em>much<\/em> easier to prosecute&#8211;with defendants having far fewer rights&#8211;and takes much fewer resources from the district attorney&#8217;s office than a prosecution for harassment or stalking, for which the penalty will likely be less severe.<\/span><\/p>\r\n<blockquote>\r\n<ol>\r\n<li style=\"list-style-type: none;\">\r\n<ol>\r\n<li>(9) \u00a0Directing the defendant to refrain from stalking or harassing the plaintiff and other designated persons as defined in 18 Pa.C.S. \u00a7\u00a7 2709 (relating to harassment) and 2709.1 (relating to stalking).<\/li>\r\n<li>(10) \u00a0Granting any other appropriate relief sought by the plaintiff.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>The last subsection is the most problematic for the defendant and allows judges to put anything in the order they want, which they seem to do regardless of whether a plaintiff requests it.\u00a0 One could undoubtedly challenge this by asking for evidence that the plaintiff made the request.\u00a0 The problem is that, unless you&#8217;re willing to make many appeals, having something overturned on a technicality is very difficult.\u00a0 If you appeal the order, the judge would ask the plaintiff if they want the provision in the order at the appeal hearing.\u00a0 If, on the other hand, you violate a provision allegedly requested by the plaintiff, the judge presiding over the hearing, i.e., the one that issued the order, is not going to care if the plaintiff asked for the violated provision.\u00a0 You could appeal this decision, but the appeals court would say The Act doesn&#8217;t require there to be any record of the request.<\/p>\r\n<p>An example of &#8220;other appropriate relief,&#8221; and one that appears in all orders I&#8217;ve seen, is the following statement.<\/p>\r\n<ul>\r\n<li>Defendant may not post any remark(s) regarding Plaintiff on any social network(s), including, but not limited to, Facebook, Myspace, Twitter, or any other electronic network(s).<\/li>\r\n<\/ul>\r\n<p>Judges have recently expanded this to read, &#8220;Defendant may not post any remark(s) regarding or image(s) concerning or portraying&#8230;&#8221; Courts include this clause to prevent the defendant from harassing someone via social networks. The court likely added the final clause as a catchall for any other &#8220;electronic network&#8221; that one could use to post remarks or images such as Instagram.\u00a0 However, by including all electronic networks and taking a loose definition of &#8220;post,&#8221; this provision is very prohibitive.\u00a0 For example, it prohibits defendants from making any remark concerning the accuser in, for example, email (even to their lawyer) or on the telephone.\u00a0 Because orders typically also prohibit third-party contact, a PFA violation occurs in Centre County every time a defendant files a petition <em>pro se<\/em> that mentions the accuser because the prothonotary will post the petition on their website.<\/p>\r\n<p>An apparent addendum to subsection (a) makes it clear that a final <em>order<\/em> <em>must<\/em> &#8220;direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff or minor children&#8221; as well as deal with weapons the defendant may possess.\u00a0 However, a final <em>agreement<\/em> <em>may<\/em> order the defendant to refrain from the same acts.\u00a0 The difference between an order and an agreement is that an agreement does not require a hearing.\u00a0 I believe my order was an agreement, i.e., an agreed-upon order. It&#8217;s not clear when why the legislature added this subsection or why it is even necessary.\u00a0 In practice, the distinction between an order and an agreement seems to be effectively irrelevant.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(a.1) \u00a0Final order or agreement.&#8211;<\/b>The following apply:\r\n<ol>\r\n<li>(1) \u00a0Any final order must direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff or minor children and must order that the defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition relinquishment provisions under subsection (a)(7).<\/li>\r\n<li>(2) \u00a0A final agreement may direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff or minor children and may order that the defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition and relinquishment provisions under subsection (a)(7).<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1067-3\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P03.mp3?_=3\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P03.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P03.mp3<\/a><\/audio>\r\n<p>Subsections (b) through (d) discuss defendant identification, mutual orders of protection, and the length of an order.\u00a0 In particular, (c) states that the court cannot issue mutual orders of protection.\u00a0 Instead, each party must separately request an order to be heard at separate hearings.\u00a0 The court is then free to grant either or both of the orders.\u00a0 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.\u00a0 I considered trying to get a PFA against Rita to stop harassing me through the legal system.\u00a0 However, I knew that doing so would backfire on me, annoying the judges and making me seem bitter and petty.\u00a0 In hindsight, I&#8217;m not sure how it could have made things any worse.\u00a0 Finally, (d) states that any order or agreement must be for a fixed period that cannot be longer than three years.\u00a0 It also notes that the court may amend an agreement if either party files a petition.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(b) \u00a0Identifying information.&#8211;<\/b>Any order issued under this section shall, where furnished by either party, specify the Social Security number and date of birth of the defendant.<\/li>\r\n<li><b>(c) \u00a0Mutual orders of protection.&#8211;<\/b>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.<\/li>\r\n<li><b>(d) \u00a0Duration and amendment of order or agreement.&#8211;<\/b>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.<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>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.\u00a0 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.\u00a0 There is no limitation on the number of extensions that a court may award.\u00a0 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.<\/p>\r\n<p>Clause (iii) is interesting because it states that a plaintiff can have a PFA order extended <em>without<\/em> showing subsequent abuse if the state is releasing or has released the defendant from incarceration within 90 days.\u00a0 I find this interesting because the reason for the defendant&#8217;s detention may have nothing to do with abuse.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(e) \u00a0Extension of protection orders.&#8211;<\/b>\r\n<ol>\r\n<li>(1) \u00a0An extension of a protection order may be granted:\r\n<ol>\r\n<li>(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.<\/li>\r\n<li>(ii) \u00a0When 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.<\/li>\r\n<li>(iii) \u00a0If 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).<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(2) \u00a0Service of an extended order shall be made in accordance with section 6109 (relating to service of orders).<\/li>\r\n<li>(3) \u00a0There shall be no limitation on the number of extensions that may be granted.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n<p>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.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(f) \u00a0Support procedure.&#8211;<\/b>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).<\/li>\r\n<li><b>(g) \u00a0Notice.&#8211;<\/b>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.<\/li>\r\n<li><b>(h) \u00a0Title to real property unaffected.&#8211;<\/b>No order or agreement under this chapter shall in any manner affect title to any real property.<\/li>\r\n<li><b>(i) \u00a0Third parties and affidavits.&#8211;<\/b>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:\r\n<ol>\r\n<li>(1) \u00a0A 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.<\/li>\r\n<li>(2) \u00a0The affidavit under paragraph (1) must affirm all of the following:\r\n<ol>\r\n<li>(i) \u00a0The 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.<\/li>\r\n<li>(ii) \u00a0The 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).<\/li>\r\n<li>(iii) \u00a0If 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&#8217;s home to which the defendant does not have access.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(3) \u00a0If 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.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/blockquote><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1067-4\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P04.mp3?_=4\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P04.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P04.mp3<\/a><\/audio>\r\n<p>The stipulation that gets many defendants in trouble is, of course, the one that says the defendant may have no contact with the accuser.\u00a0 While the intent of this is clear, it is incredibly problematic when there are children involved.\u00a0 It is even more challenging because the DA does not need to establish abuse, intended or otherwise.\u00a0 This no-contact provision often makes it difficult for the defendant to have a meaningful relationship with the children, especially young ones that an accuser can readily isolate from the accused.\u00a0 I am aware of many cases in which the accuser invited the accused to visit the children then have the accused arrested for contacting the accuser.\u00a0 I met a man arrested and jailed because he was riding in the passenger seat of a vehicle driven by the accuser.\u00a0 I will present some outrageous examples of this in later chapters.<\/p>\r\n<p>It appears that judges like having an expansive &#8220;no contact&#8221; clause, so they do not have to decide what is abusive.\u00a0 When a final order is issued, they will often provide examples of things the defendant should refrain from doing, such as &#8220;Don&#8217;t be posting on Facebook that she&#8217;s a terrible mother,&#8221; &#8220;Don&#8217;t text her nasty messages,&#8221; or &#8220;Don&#8217;t break her car windows or scratch the paint or slash the tires.&#8221; However, they never mention that you can <em>not<\/em> say nice things, which I suppose someone could construe as bad.\u00a0 You cannot say or post anything, period.\u00a0 Thus, just because it is a protection from <em>abuse<\/em> order, you do not need to do anything deemed abusive to violate it. This broad clause makes judges&#8217; lives easy and allows them to make simple rulings.\u00a0<\/p>\r\n<p>Also, note that a PFA does not prevent the accuser from contacting the accused, unlike in most states.\u00a0 Subsection (c) explicitly forbids this unless both parties file petitions and the court holds a hearing for each petition. \u00a0<\/p>\r\n<p>I agreed to abide by a PFA order because I thought there was little I could do or say to prevent it from being issued and wanted to put everything behind me.\u00a0 I did not realize these orders are a weapon to beat you whenever the accuser decides they are upset.\u00a0 Even if you have never done an abusive thing in your life, it doesn&#8217;t matter.\u00a0 You will spend three years wondering what you might be accused of and doing everything to make the accuser happy so they don&#8217;t call the police.<p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1067-5\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P05.mp3?_=5\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P05.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P05.mp3<\/a><\/audio>\r\n<h3><b>Section 6108.7. \u00a0Order to seal record from public view.<\/b><\/h3>\r\n<p>There are many addendums to Section 6108, and the vast majority of them concern issues with firearms.\u00a0 The only one relevant to my situation is 6108.7, which involves sealing records from public view.\u00a0 The basic requirements to get the record sealed are that it&#8217;s been ten years since the order expired and that the defendant never violated it.\u00a0 This second requirement means that I will never be able to have the record sealed.\u00a0 This seems strange because violating the order is simply contempt of court, i.e., not even a misdemeanor.\u00a0 Thus, had I assaulted Rita, I would be eligible to have the conviction expunged after, I believe, seven years.\u00a0 However, because I told Amanda I loved her, I am not eligible to have the record of this order sealed.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(a) \u00a0<\/b>General rule.&#8211;Notwithstanding any other provision of this chapter, an individual who has entered into a consent agreement approved by the court under section 6108(a) (relating to relief) may petition the court for an order to seal the record of the individual from public view. The court may grant the order if the petitioner proves all of the following by clear and convincing evidence:\r\n<ol>\r\n<li>(1) \u00a0The consent agreement for which the individual seeks relief under this section is the only such consent agreement to which the individual has ever been subject and that, during the period in which the consent agreement was in effect, the individual did not violate an order or consent agreement under section 6108.<\/li>\r\n<li>(2) \u00a0A period of at least ten years has elapsed since the expiration of the consent agreement.<\/li>\r\n<li>(3) \u00a0The individual has not been subject to another final protection from abuse order under section 6108.<\/li>\r\n<li>(4) \u00a0The individual has not been convicted of one of the following offenses where the victim is a family or household member:\r\n<ol>\r\n<li>(i) \u00a0An offense set forth in 18 Pa.C.S. \u00a7 2711 (relating to probable cause arrests in domestic violence cases).<\/li>\r\n<li>(ii) \u00a0An offense equivalent to subparagraph (i) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(b) \u00a0Notice to district attorney and plaintiff.&#8211;\r\n<ol>\r\n<li>(1) \u00a0The petitioner shall serve a copy of the petition under subsection (a) to the district attorney and to the plaintiff within ten days of the filing of the petition.<\/li>\r\n<li>(2) \u00a0The district attorney and the plaintiff shall have an opportunity to be heard at the hearing.<\/li>\r\n<li>(3) \u00a0Within 30 days of receipt of notice, the district attorney or plaintiff may file objections to the petition.<\/li>\r\n<li>(4) \u00a0If no objection under paragraph (3) is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.<\/li>\r\n<li>(5) \u00a0As used in this subsection, the term &#8220;plaintiff&#8221; means the person who entered into the consent agreement with the defendant.<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(c) \u00a0Notice to prothonotary.&#8211;Notice of an order to seal the individual&#8217;s record from public view shall promptly be submitted to the prothonotary of the county holding the record. The prothonotary may not permit a member of the public from accessing the individual&#8217;s record regarding the consent agreement. Nothing in this section shall be construed to limit access of the record of the individual by a criminal justice agency as defined in 18 Pa.C.S. \u00a7 9102 (relating to definitions).<\/li>\r\n<\/ol>\r\n<\/blockquote><p><!--nextpage--><\/p><audio class=\"wp-audio-shortcode\" id=\"audio-1067-6\" preload=\"none\" style=\"width: 100%;\" controls=\"controls\"><source type=\"audio\/mpeg\" src=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P06.mp3?_=6\" \/><a href=\"https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P06.mp3\">https:\/\/unstablefocus.mynetgear.com\/wp-content\/uploads\/2026\/08\/Intermission-1067-P06.mp3<\/a><\/audio>\r\n<h3><b>Section 6110. \u00a0Emergency relief by minor judiciary<\/b><\/h3>\r\n<p>As the title suggests, this section deals with emergency relief.\u00a0 In Pennsylvania, there is a system of district magistrates that deals with, among other things, minor violations of the law, e.g., traffic violations, etc., and anything that needs immediate attention after regular business hours, e.g., signing time-sensitive warrants, conducting arraignments, etc.\u00a0 Thus, this section provides district magistrates the power to issue emergency PFA orders after having an <em>ex parte<\/em> conference with the plaintiff.\u00a0 These orders expire at the end of the next day the regular court is available.<\/p>\r\n<p>It is highly unclear how the courts implement this in Centre County. \u00a0My understanding of emergency orders in Centre County is that they are issued based solely on the application, i.e., without an <em>ex parte<\/em> hearing. \u00a0As I thought Pam Ruest signed the emergency and temporary orders, this understanding would be consistent. \u00a0However, given how emergency orders are supposed to work, this seems unlikely. \u00a0Unfortunately, I cannot find a copy of the emergency order to confirm this. \u00a0It could well be that a district magistrate signed the emergency order. \u00a0While proceedings in front of district magistrates are not on the record, it seems there should be some record of <em>ex parte<\/em> hearings for the emergency and temporary orders, but there are not.<\/p>\r\n<blockquote>\r\n<ol>\r\n<li><b>(a) \u00a0General rule.&#8211;<\/b>When:\r\n<ol>\r\n<li>(1) \u00a0in counties with less than four judges, the court is unavailable:\r\n<ol>\r\n<li>(i) \u00a0from the close of business at the end of each day to the resumption of business the next morning;<\/li>\r\n<li>(ii) \u00a0from the end of the business week to the beginning of the business week; and<\/li>\r\n<li>(iii) \u00a0during the business day by reason of duties outside the county, illness or vacation;<\/li>\r\n<\/ol>\r\n<\/li>\r\n<li>(2) \u00a0in counties with at least four judges, the court is unavailable:\r\n<ol>\r\n<li>(i) \u00a0from the close of business at the end of each day to the resumption of business the next morning; and<\/li>\r\n<li>(ii) \u00a0from the end of the business week to the beginning of the business week;<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<\/li>\r\n<\/ol>\r\n<p style=\"padding-left: 40px;\">a petition may be filed before a hearing officer who may grant relief in accordance with section 6108(a)(1), (2) and (6) or (1) and (6) (relating to relief) if the hearing officer deems it necessary to protect the plaintiff or minor children from abuse upon good cause shown in an ex parte proceeding. Immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause for the purposes of this subsection.<\/p>\r\n<ol>\r\n<li><b>(b) \u00a0Expiration of order.&#8211;<\/b>An order issued under subsection (a) shall expire at the end of the next business day the court deems itself available. The court shall schedule hearings on protection orders entered by hearing officers under subsection (a) and shall review and continue in effect protection orders that are necessary to protect the plaintiff or minor children from abuse until the hearing, at which time the plaintiff may seek a temporary order from the court.<\/li>\r\n<li><b>(c) \u00a0Certification of order to court.&#8211;<\/b>An emergency order issued under this section and any documentation in support thereof shall be immediately certified to the court. The certification to the court shall have the effect of commencing proceedings under section 6106 (relating to commencement of proceedings) and invoking the other provisions of this chapter. If it is not already alleged in a petition for an emergency order, the plaintiff shall file a verified statement setting forth the abuse of defendant at least five days prior to the hearing. Service of the verified statement shall be made subject to section 6106.<\/li>\r\n<li><b>(d) \u00a0Instructions regarding the commencement of proceedings.&#8211;<\/b>Upon issuance of an emergency order, the hearing officer shall provide the plaintiff instructions regarding the commencement of proceedings in the court of common pleas at the beginning of the next business day and regarding the procedures for initiating a contempt charge should the defendant violate the emergency order. The hearing officer shall also advise the plaintiff of the existence of programs for victims of domestic violence in the county or in nearby counties and inform the plaintiff of the availability of legal assistance without cost if the plaintiff is unable to pay for them.<\/li>\r\n<li><b>(e) \u00a0Master for emergency relief.&#8211;<\/b>The president judge of a court of common pleas of a judicial district may, with the approval of the Administrative Office of Pennsylvania Courts, provide for the selection and appointment of a master for emergency relief on a full-time or part-time basis. The number of masters for emergency relief shall be fixed by the president judge with the approval of the Administrative Office of Pennsylvania Courts. The compensation of a master for emergency relief shall be fixed and paid by the county.<\/li>\r\n<\/ol>\r\n<\/blockquote>\r\n","protected":false},"excerpt":{"rendered":"<p>Important Provisions, Part II Section 6108.\u00a0 Relief. Section 6108 describes what stipulations the judge can put in a PFA order. Ultimately, it gives judges complete freedom to put in almost anything they. The parties involved can petition the court to have the order changed. The orders I&#8217;ve seen are nearly identical except for provisions regarding [&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-1067","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\/1067","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=1067"}],"version-history":[{"count":32,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1067\/revisions"}],"predecessor-version":[{"id":3067,"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=\/wp\/v2\/pages\/1067\/revisions\/3067"}],"wp:attachment":[{"href":"https:\/\/unstablefocus.mynetgear.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}