Margo Morton March 25, 2021 Child Custody Attorney
Child custody attorney philadelphia - Every year, countless domestic violence victims are given no choice but to take out a restraining order against their abuser. In Pennsylvania, this restraining order is referred to as a Protection from Abuse Order (PFA).
What exactly is a Protection from Abuse Order? A PFA is a piece of paper which is signed by a judge that tells the abuser to stop the abuse or harassment immediately. If that person does not cease harming the victim, then they will face serious legal consequences. Therefore, a PFA provides legal protection from domestic violence for male and female victims alike.
PFA's serve a vital role in preventing household and family members from incurring further harm from their attackers. When a PFA is in place, it is supposed to put an immediate stop to the abuse going on inside the home. This can include further attempts to cause bodily injury or commit sexual assault. It can also be used to stop child abuse, false imprisonment (keeping a person against their will), stalking or harassment that places a person in fear of bodily injury.
Restraining orders certainly serve an important function in society, since they protect individuals and children from domestic violence. PFA's can be temporary or they can be permanent. If they are permanent, they can hold in place for up to three years. This means that if a man or woman had a final protection from abuse order (PFA) taken out against them, they can be forced to move out of their home and be prohibited from contacting their spouse or minor children for three full years.
Can people ever be wrongfully accused of domestic violence? The answer is yes! Unfortunately, it happens all the time. As law enforcement and the courts frown so heavily upon domestic violence, people have found a way to manipulate the system by taking out PFA's against innocent people.
PFA's are frequently taken out for a good solid reason against valid claims of abuse; however, they are also taken out for less honest reasons. Sometimes bitter household members go to extremes when they want to get rid of a roommate they don't like. Instead of sticking out the lease, they make false allegations of domestic violence in order to get the person to leave. These people might think they are doing the right thing, but what they are really doing is messing with somebody's life.
On the other hand, sometimes a bitter or jealous spouse makes false allegations of domestic violence when they are trying to gain an edge in a divorce settlement or child custody dispute. Either way, making false allegations of domestic violence and taking out PFA's against innocent people is wrong. Regrettably, it's the alleged accuser who has the burden of proof to show that they are entirely innocent of the charges against them.
When somebody is accused of domestic violence and has a restraining order against them, they are urged to seek legal representation as soon as possible. For a lot of people, a PFA would affect many important aspects of their life. It could force them to move out of the family home, prohibit them from visiting with their children and even hand over their firearms.
If you had a PFA taken out against you, it is vital that you hire a criminal defense attorney right away. Your attorney can help you prepare for the hearing, so you have the highest chances of a positive outcome when you are standing in front of the judge.