How to Defend Against a PFA in Philadelphia, Pennsylvania

Being served with a Protection From Abuse (PFA) petition can be shocking, particularly when you believe the allegations are false, exaggerated, or incomplete. A PFA is a civil protection order under Pennsylvania law, but its consequences can be substantial.

Depending on the circumstances, an order may prevent contact with another person, require you to leave your residence, restrict access to firearms, and affect temporary child custody arrangements. If someone has filed a PFA against you in Philadelphia, you have the right to defend yourself.

Philadelphia PFA defense attorney Mark D. Hauser, Esquire, has over 30 years of legal experience representing clients in Pennsylvania courts. Understanding the process is the first step toward protecting your rights.

What Is a Protection From Abuse Order?

Pennsylvania’s Protection From Abuse Act allows certain individuals to seek court protection from qualifying abuse. Eligible relationships may include current or former spouses, intimate dating partners, family members, household members, and people who share biological parenthood.

A PFA can be requested based on conduct such as physical abuse, threats of bodily harm, stalking, or sexual assault. While a PFA proceeding is not a criminal prosecution, the restrictions imposed can severely impact your personal and professional life.

Temporary PFAs vs. Final PFAs

A person filing a PFA petition may request a temporary protection order before the defendant has an opportunity to present a defense. The judge reviews the petition and determines whether temporary ex parte protection is warranted.

Pennsylvania law generally requires a final PFA hearing within ten business days after the petition is filed (under 23 Pa.C.S. § 6107). At the final hearing, the petitioner must prove qualifying abuse by a preponderance of the evidence. A final PFA may last up to three years and can sometimes be extended.

What Rights Does a PFA Defendant Have?

Being named as a defendant does not mean that the allegations have been proven. At a contested hearing, you have important procedural rights, including the opportunity to:

• Be represented by an experienced Philadelphia PFA defense lawyer
• Review, cross-examine, and challenge all allegations and testimony
• Present relevant text messages, emails, photographs, and records
• Call eyewitnesses and present character testimony
• Explain the full context surrounding disputed incidents

What Evidence Can Help Defend Against a PFA?

Every PFA case is different. Depending on the allegations, relevant evidence may include text messages, emails, photographs, security camera footage, witness testimony, telephone records, and GPS location history. Communications between the parties often provide the context missing from the petitioner’s narrative.

Important: Evidence should be collected lawfully and preserved in its original form. Deleting messages, altering records, or contacting a protected person in violation of an order will create severe legal complications.

What Happens if You Violate a Temporary PFA?

A temporary PFA is enforceable immediately upon service. Violating its terms may result in arrest and indirect criminal contempt proceedings under 23 Pa.C.S. § 6114, carrying up to 6 months in jail.

Do not assume that contact is permitted simply because the protected person initiates the conversation. Until the court modifies or terminates the order, comply strictly with every provision.

Philadelphia PFA Defense Attorney Mark D. Hauser

With over 30 years of legal experience, Mark D. Hauser represents individuals defending against Protection From Abuse petitions in Philadelphia Family Court and throughout Montgomery, Bucks, Delaware, and Chester Counties.