How to Fight a Protection From Abuse (PFA) Order in Pennsylvania

Whether the PFA stems from a domestic dispute, a breakup, or a misunderstanding, you have the right to defend yourself—and an experienced criminal defense attorney can help you do it effectively.

What Is a Protection From Abuse (PFA) Order?

A PFA is a civil court order that protects someone from domestic violence or threats of abuse. It is similar to a restraining order in other states and is typically filed by:

• A spouse or ex-spouse

• A romantic partner or ex

• Someone you have a child with

• A family member or person who lives with you

The PFA law is covered under 23 Pa. C.S. § 6101, and it’s part of the Pennsylvania Protection From Abuse Act.

Types of PFA Orders in Pennsylvania

1. Emergency PFA – Issued by a magisterial judge when courts are closed (e.g., at night or on weekends)

2. Temporary PFA (Ex Parte) – Granted without a hearing based on the accuser’s sworn statement

3. Final PFA – Can last up to 3 years after a hearing with both parties present

Temporary PFAs can be issued without your knowledge, and they are enforceable immediately.

What a PFA Can Do

A PFA can order you to:

• Have no contact with the accuser (in person, phone, text, social media)

• Leave your shared home, even if your name is on the lease or deed

• Surrender firearms and other weapons

• Stay away from the accuser’s home, school, or workplace

• Lose temporary custody or visitation rights with your children

Violation of a PFA can result in criminal contempt charges and up to 6 months in jail.

What Happens After You're Served With a PFA

You will receive:

• A copy of the temporary order

• A notice of the final PFA hearing date (usually within 10 business days)

At this point, you must:

✅ Avoid all contact with the petitioner
✅ Do not try to explain, apologize, or defend yourself directly
✅ Contact an attorney immediately to prepare for the hearing

This hearing is your opportunity to challenge the allegations and prevent a final PFA from being entered.

How a Criminal Defense Attorney Can Help

A skilled attorney will:

✅ Review the allegations and any evidence filed with the petition
✅ Gather your side of the story, including texts, emails, or witness testimony
✅ Challenge inconsistencies in the accuser’s story
✅ Present evidence of false motives (e.g., custody disputes, revenge, relationship breakdowns)
✅ Advocate for dismissal or mutual stay-away agreements instead of a full PFA
✅ Defend you from any related criminal charges (such as assault or harassment)

In many cases, your lawyer can resolve the matter without a final PFA being entered.

What If the PFA Is Based on False or Exaggerated Claims?

Unfortunately, PFAs are sometimes used as a weapon in breakups, divorces, or custody battles. If the accusations are false:

• Your attorney can expose motive and bias

• Present your own evidence showing no abuse occurred

• Cross-examine the accuser at the hearing

• Request dismissal due to lack of credibility or insufficient evidence

Don’t assume you can just “tell your side” at the hearing—you need a legal strategy.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

A PFA can affect your home, your kids, your job, and your freedom—but you have the right to fight back. With over 30 years of experience handling PFAs and criminal defense cases in Philadelphia and throughout Pennsylvania, Mark D. Hauser is ready to defend your reputation and your rights.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.