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Even if they get over their fear of
their abuser seeking revenge and decide to leave the abuser, a lot of abused
people decide not to file for a Protection From Abuse Order because of the
costs and time required. However, it must be said that if you have even a
little fear that your abuser will later decide to hurt you in some way, the
time needed to get a PFA is not wasted. This page outlines the steps necessary
to obtaining a PFA. Please check with your local courthouse for more details
about the procedure.
1. File a petition, the formal request form, for the
PFA. These forms are available from your county and can be obtained from that
county's courthouse or, possibly, downloaded from their website. If you go to
the courthouse, you'll need to talk to the person at the Prothonotary Office. If there is an
immediate danger of abuse and the courthouse is not open, the local police
will be able to locate a judge who can grant you a temporary restraining
order.
2. Fill out all of the forms provided to you at the
courthouse. Ensure the information is accurate, true, and as detailed as
possible. You can fill out these forms while at the courthouse or take them
home and return them at a later date. The forms may have to be signed in front
of a law enforcement officer, an official at the courthouse, or a notary. Wait
to sign the completed form until you return it to the courthouse.
3. Most often, there will be some charges for filing
the paperwork and the later court hearing. Most officials and judges will wait
until after the hearing to collect the fees. If the Protection From Abuse
Order is granted, the abuser will most often have to pay the fees.
4. A judge reviews the petition and other forms. If he
(she) sees evidence of prior abuse and/or the danger of further abuse, you may
be granted a Temporary Order of Protection. This order is in effect until the
hearing which the judge will schedule. Usually this hearing will be within ten
days of the Temporary Order being granted. At this time, there may be other
forms you have to complete.
5. You and you abuser will testify in front of a judge.
This is the time to present your evidence (see the "Collect Information" page)
and have your witnesses give their statements. The judge will then decide
whether or not to grant the PFA. If he (she) does, be sure to listen to all of
the instructions concerning that document and the orders given to you and your
abuser. Make sure all of your questions are answered before leaving.
Once
the hearing is completed and you have your PFA, don't be afraid to report your
abuser if he (she) violates that order. Members of your local police
department or other law enforcement agencies are there to enforce the orders
laid out by the judge. The abuser can go to jail for violating the judges
orders, but you have to remember you're also responsible for following those
orders. If you violate the order in any way, the order can be revoked.
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