Pennsylvania Protective Orders Laws

Courts use protection orders to shield victims of domestic violence from further abuse. The Pennsylvania courts also use these orders to protect stalking victims.

In Pennsylvania, as in most states, a protection order is similar to any other court order. Only a judge can issue a protection from abuse order (PFA), which is enforceable by the court. Most protection orders dictate that an abusive spouse may not come within a certain distance of the petitioner and their minor children.

This article explains how protective order laws work in Pennsylvania and the types of orders you can request. It examines who can file a PFA petition and how the court determines if a final PFA is warranted. It finishes up by describing the behaviors the courts prohibit in a standard PFA order.

Types of Protective Orders Available in Pennsylvania

In Pennsylvania, the Court of Common Pleas grants protection from abuse orders. Typically, the court issues a temporary order before a final protection order. After the temporary PFA is issued, the court schedules a final hearing, at which the magisterial district judge determines whether to grant the petitioner’s request.

Under Pennsylvania’s Protection From Abuse Act, petitioners can apply for the following types of protection orders:

• Emergency Protection Order - The court issues this type of order when the petitioner is in immediate need of protection from sexual violence, abuse, or domestic violence. The victim should contact the local law enforcement agency or the CAPSEA hotline to request assistance in getting an emergency protection order. This order is only in effect for one day. The court will hold a hearing the next business day to determine whether it should issue a temporary PFA order. If it issues this order, there will be a formal PFA hearing before the presiding judge.
• Ex Parte Order of Protection - This is a temporary order to protect abuse victims. The judge can issue the order after hearing the petitioner’s side of the story. If the judge grants an ex parte protection order, it will notify the defendant. They must attend a hearing on the merits within ten days of the ex parte order.
• Final Protection From Abuse Order - If the court determines the petitioner has a reasonable fear of bodily injury at the hands of the defendant, it will issue a final PFA. These last up to three years.
• Protection from Intimidation Order (PFI) - A PFI is for victims who are under the age of 18 and have an abuser over the age of 18. The two cannot be family members, household members, or involved in an intimate relationship. The victim does not have to press criminal charges to receive a PFI.
• Sexual Violence Protection Order (SVPO) - Under Pennsylvania’s Protection of Victims of Sexual Violence or Intimidation Act, a petitioner can request an SVPO. There is no need for the victim to file criminal charges. All they must demonstrate is that they’re the victim of sexual violence or sexual intimidation and that the defendant is responsible.

Pennsylvania’s Protection Order Laws: Recap

The table below outlines Pennsylvania’s laws on protection orders. If you’re the victim of domestic abuse, knowing these laws can help you understand what your options are. You can also seek legal advice before filing your petition.

See FindLaw's Domestic Violence: Orders of Protection and Restraining Orders article for more information. If you're in immediate danger, call 9-1-1 or seek aid from the National Domestic Violence Hotline at 800.799.SAFE (7233) or texting START to 88788.

Have Questions About Protective Orders? Get Legal Help From a Pennsylvania Domestic Violence Attorney

Domestic violence is traumatic and frightening for the abuse victim and their family. It can be overwhelming to pursue an order of protection. Consider contacting a domestic violence lawyer near you. They can help you pursue an order of protection and provide resources to assist you with safety planning.

If the court has named you in an order of protection, you may want to contact a Pennsylvania criminal defense lawyer. Violating this order can result in harsh consequences, including jail and heavy fines. A defense attorney can help you challenge the order or appear in court on your behalf.