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A
Protection From Abuse (PFA) Order is a form, signed by a judge, which protects
the victims of domestic violence. In short, the paper informs your abuser of
the legal consequences if they continue the abuse. This protection can be
extended to the person being abused and/or other people living within the
household who fear they may become the focus of the abuse because of their
relationship with either the abused person or the abuser. Other people can
file for the PFA if their current relationship with the abused person brings
them into contact with the abuser and they've been threatened or feel
threatened by the abuser. If a child is being abused, any adult may file for
the PFA on the behalf of that child. If you are being abused by a
spouse/ex-spouse, person who lives/lived with you, blood relative, relatives
by marriage (in-laws, stepchildren, etc), or current/previous sexual/intimate
partner you can file for a PFA against that person if they are harming or
threatening to harm you in some way.
There are different types of Protection From Abuse
Orders. A Temporary Order is one granted by a judge if there is an immediate
threat to the person making the request when the courthouse is not open for
business. This type of order is only valid until the next day the courthouse
is open and will expire on that day if the person doesn't file the proper
papers with the local courthouse. If the abused person applied for a PFA at
the courthouse, the Temporary Order granted will be in force until the day set
for the hearing regarding the PFA. A long-term PFA will be issued by the judge
if he (she) sees evidence it is necessary. These orders are most often valid
for a period of three years, but may be extended under certain circumstances.
All PFAs can be revoked if the person filing for the order violates it in any
way.
While it is true that some abusers will violate a PFA,
the order is designed to help you by letting the local police departments know
the person has been ordered by the court to not have any contact with you. Any
violation of the order by the abuser will result in an arrest. But the order
can protect other people besides yourself and grant you relief in other ways.
A judge can also add other things, such as:
Besides yourself, the abuser may be ordered not to have contact with your
children and other relatives.
Evict the abuser from your home (even if they own the
home) or provide you money for other housing.
Grant you full custody of your children and order the
abuser to pay child support.
Order the abuser to pay for court fees, medical
expenses, loss of income, etc.
Have local law enforcement officers confiscate any
weapons used or threatened to be used during the abuse.
Any other measures they perceive as necessary or that
you reasonably request.
As
with any court order, the orders can be violated by the abuser. This knowledge
shouldn't prevent you from seeking the protection in the first place. The
papers stand as a legal, binding agreement on the part of the abuser and any
violation of that agreement will lead to his (her) arrest. You need to
remember that more people are killed while in an abusive relationship then
after they take steps to get out of it and protect themselves.
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