How to Get a Restraining Order in PennsylvaniaKnown as a Protection From Abuse (PFA) order in Pennsylvania, a restraining order is designed to protect victims of domestic violence from their abusers. At Gross McGinley, LLP, we believe that everyone should feel safe at home. Our family law attorneys are dedicated to helping you understand how to get a restraining order and providing legal and emotional support throughout the process.Who Can File for a Restraining Order in Pennsylvania?It’s important to understand how your relationship to the person you’re seeking a PFA against may impact your case. Pennsylvania law has specific criteria for who is eligible to file for a restraining order. In Pennsylvania, you may file for a restraining order against: A spouse, ex-spouse, or domestic partner Current or former intimate partners Parents Children Other persons related by blood or marriage, such as siblings and grandchildrenIf minor children are involved, a parent or guardian may file a PFA on their behalf. If you’re being harassed or abused by a roommate, stranger, or someone else who’s not related to you, you may be able to file for a Sexual Violence Protection Order (SVPO) or Protection from Intimidation Order (PFI). A domestic violence lawyer can evaluate your situation, advise you on the best way to move forward and help you file the proper petition with the court.What Proof Do You Need for a Restraining Order?To obtain a restraining order, you must show that you have been a victim of domestic violence, such as physical abuse, threats, stalking, harassment, sexual assault, or another form of abuse by a family or household member. If possible, gather any documentation or evidence that supports your need for a PFA, such as: Police reports of past incidents documenting abuse or harassment Photographs of your injuries Medical records related to injuries caused by domestic abuse Text messages, emails, voicemails, and any other threatening or harassing communications from your abuser Statements from witnesses who have observed the abuseA restraining order lawyer can help you understand what type of evidence to collect and ensure your Protection From Abuse petition includes all relevant details.Filing a Petition for a PFATo obtain a protective order, you must file a petition for a PFA with the Court of Common Pleas in the county where you live, where the abuser lives, or where the abuse took place. However, if you plan to ask that they be removed from a home you share, the petition must be filed in the county where the home is located.On the form, you’ll have to explain why you’re seeking protection and describe the abuse you’ve suffered. You can also specify what protections you are seeking. It’s best to include as much information as possible to support your claims of abuse. This may include evidence such as medical records and photos, detailed descriptions of the abuse, the dates, times, and locations where it took place, and information about any children involved.It’s vital to specify the protections you are seeking, such as a no-contact order, eviction of the abuser from a shared home, relinquishment of firearms, or temporary custody arrangements. If you’re unsure of what to include in a Protection From Abuse petition, a family law attorney can ensure all vital details and evidence are included.A judge will review the petition and may ask you some additional questions. They will then grant or deny a temporary Protection From Abuse order. A date for a final hearing will be scheduled within 10 business days. The temporary PFA, petition, and date, time, and place of the hearing must be served on the defendant. This may be done by local police, the sheriff’s office, a process server, or another adult, although it may vary by county.PFA HearingAt the hearing, both parties may present evidence, call witnesses, cross-examine any witnesses and testify about the alleged abuse or harassment. Based on the evidence and arguments presented, the judge will decide whether to issue a final order of protection. Having an experienced attorney advocate for you in court gives you the best chance of obtaining a final restraining order.If granted, the order will outline the specific protections to which you’re entitled, such as forbidding the abuser from contacting you or coming near your home or workplace. In Pennsylvania, a PFA may be active for up to three years.The abuser is legally required to comply with the terms of the order and can face serious consequences for violating it. If they violate your PFA by attempting to contact you or engaging in prohibited behavior, which can include any third-party contact, you should notify law enforcement and your domestic violence lawyer immediately. Violation of a restraining order is taken very seriously by Pennsylvania courts, and the abuser may face criminal charges for noncompliance.Obtaining an Emergency Restraining OrderIf you’re in a dire situation and need to get PFA after hours or on a weekend or holiday, contact local law enforcement or your family law attorney to find the magisterial district judge who handles emergency protective orders in your jurisdiction. The judge can issue an emergency order, which is valid only until the Court of Common Pleas opens.Contact a Restraining Order Lawyer in PennsylvaniaAt Gross McGinley, LLP, our family law team is dedicated to helping domestic violence victims find safety and peace of mind. To schedule a consultation with a restraining order lawyer in Pennsylvania, contact us or call 610-820-5450. If you’ve been accused of domestic violence, our criminal law team can help protect your rights and provide a vigorous defense.If you or someone you know needs help, you can contact the National Domestic Violence Hotline at 1-800- 799-SAFE (7233).