Protection From Abuse Lawyer in Montgomery County

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If you are a victim of domestic violence and abuse, then you should remove yourself from the dangerous situation, contact law enforcement, and seek an Order of Protection under the Pennsylvania Protection from Abuse Act (23 P.S. § 6101 et seq.) also known as the PFA Act.

Protection From Abuse Law

The PFA Act empowers the Court to grant a protection order to stop further abuse of a victim and children. Such an Order is referred to as a PFA or PFA Order. A PFA Order can provide many types of protective relief that may include:

Defining Abuse

Abuse includes any of the following acts:

Who Can Obtain A PFA Order

A victim of PA domestic violence may file for a PFA Order any of the following individuals:

How To Get A PFA Order

To obtain a PFA Order, an individual must file a Petition with the Court. In Montgomery County, PA, a Petition should be filed by appearing in person at the courthouse in Norristown on Monday through Friday from 8:30 a.m. to 1:30 p.m. The courthouse is located at 2 East Airy Street, Norristown, PA 19401. There are no fees or costs associated with the filing of the Petition.

 

After the Petition is filed, if the individual alleges an immediate and present danger of abuse to himself or herself or minor children, the court will conduct an ex parte proceeding. This means that the Judge will speak with the individual to determine whether an immediate and present danger of abuse exists. If so, the Judge will issue a Temporary PFA Order. To determine whether an immediate and present danger of abuse exists, the court will consider the following factors:

Whether a Temporary PFA Order issued or not, the court will schedule a hearing within 10 business days of the filing of the Petition. At the hearing, the victim must prove the allegations of abuse by a preponderance of the evidence. Victims should strongly consider having an attorney at the hearing. The victim and the defendant will have an opportunity to testify and to present evidence and witnesses. After considering the evidence, the Judge may then issue the Final PFA Order. A Final PFA Order can provide protection for up to 3 years. A victim has the right to file for an extension of the Final PFA Order.

Protection From Abuse Lawyers - The Martin Law Firm, P.C.

It is very important for victims of domestic violence to realize that they have legal rights and that they should seek help immediately. It is also important to keep in mind that a PFA Order cannot guarantee the absolute safety of any victim. Obtaining a PFA Order is just one step that must be taken in conjunction with a comprehensive safety plan for your family. At The Martin Law Firm, our attorneys will make sure that you are well-informed of your legal rights and assist you with the PFA process and procedure during this difficult time. Contact The Martin Law Firm today at (215) 646-3980.

Please call (215) 646-3980 to schedule an appointment.

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