Pennsylvania Temporary Restraining Order Laws

Restraining orders are a means of defense for victims of abusive crimes in Pennsylvania. These court orders offer different types of protection to address the specific needs of each case, including domestic violence, sexual violence, and intimidation. The orders function in similar ways, but knowing the differences is important. While not foolproof, restraining orders are often effective.

In this article, we’ll examine each order, explain who they’re designed for, and offer instructions on how to get the one you need.

Pennsylvania Restraining Orders Laws: Types Available

Protective orders in Pennsylvania are also referred to as protection from abuse orders (PFA). There are three different kinds available. They share many similarities, but each one has specific requirements. These need to be met for a victim to get that protective order. Let’s take a look at each one.

Domestic Violence Protection From Abuse Orders (PFA)

Domestic violence crimes involve people in close personal relationships who have abusive acts occur between them. Both requirements are required for domestic violence classification in Pennsylvania. Domestic violence is a complex and difficult subject. FindLaw’s Pennsylvania Domestic Violence Laws offers an in-depth examination and helpful information.

Pennsylvania refers to people eligible for domestic violence crimes as family members, household members, and intimate partners. This means they share one or more of the following relationships:

• Spouses
• Former spouses
• People living as spouses
• People who lived as spouses
• People who share biological parenthood
• Family by consanguinity (blood relatives)
• Parents and children
• Relatives by affinity (in-laws)
• Current sexual or intimate partners
• Former sexual or intimate partners

A crime between people in a qualifying relationship isn’t enough for domestic violence classification. Certain abusive crimes are required to meet the domestic violence standard. These include:

• Attempting to cause or causing any of the following with intent and knowledge:
  • Bodily injury
  • Involuntary deviate sexual intercourse
  • Rape
  • Serious bodily injury
  • Sexual assault
  • Statutory sexual assault
  • Incest with or without a deadly weapon
  • Indecent assault
• Aggravated indecent assault
• Placing another in reasonable fear of imminent serious bodily injury
• Engaging in a course of conduct or committing repeated acts toward another person under circumstances that place the person in reasonable fear of bodily injury
• False imprisonment
• Physical abuse or sexual abuse of minor children

If family members, household members, or intimate partners have one of these abusive crimes happen between them, it’s domestic violence in Pennsylvania. The victim is eligible for a domestic violence PFA. If the relationship doesn’t qualify, the victim may find relief through a different protective order.

Domestic violence PFAs consist of provisions tailored to the needs of each victim. While no-contact and stay-away conditions are frequent, the court can include any restrictions it deems necessary. PFAs can also address issues like temporary child custody, financial support, and the surrendering of firearms. Common provisions include:

• Forbidding the defendant (abuser) from abusing the plaintiff (victim) or minor children
• Awarding the plaintiff of a shared residence or demanding that the defendant provide alternate housing
• Awarding temporary custody of minor children
• Establishing temporary visitation rights (this may include supervised visits or denial of visitation due to domestic violence)
• Demanding that the defendant pay spousal support and medical expenses
• Forbidding the defendant from having any contact with the plaintiff
• Demanding that the defendant surrender all firearms and ammunition for the duration of the PFA
• Demanding that the defendant reimburse the plaintiff for any expenses as a result of domestic abuse

A PFA may use some, none, or all of these provisions. The court can impose any condition it considers necessary. The process for getting a domestic violence PFA order is explained after the following section.

Protection From Sexual Violence (SVPO) or Intimidation Order (PFI)

Not all crimes happen between people who know one another. Two strangers can never be part of a domestic violence offense, but that doesn’t mean they can’t be involved in an abusive act. Pennsylvania offers protective orders against sexual violence and intimidation, no matter what the relationship is between the abuser and the victim.

Sexual violence protection orders offer relief to victims of different types of sexual offenses, including rape, sexual assault, involuntary deviate sexual intercourse, and others. It also covers sex crimes that involve minor children, such as:

• Sexual contact that endangers the welfare of children
• Sexual abuse of children
• Sexual exploitation of children
• Corrupting minor children
• Unlawful contract with a minor

A protection from intimidation order focuses on crimes of harassment and stalking by an adult against a minor. A parent, guardian, or an adult household member must file on behalf of the minor. There can’t be a defined legal relationship between the abuser and the victim. If there is, the victim should file for a domestic violence PFA order instead.

Both sexual violence and intimidation protective orders employ no-contact provisions to keep abusers away from victims. This includes locations such as schools, workplaces, and businesses. Abusers are also forbidden to enter a victim’s residence.

Pennsylvania Restraining Orders Laws: Obtaining an Order

It’s much easier to get a protection order in Pennsylvania if you know how the process works. While similar, each order has a couple of differences that we’ll point out. Each county has its way of petitioning as well, so don’t be afraid to ask questions of the court clerk or local domestic violence advocates.

If you’re suffering abuse or are in fear of imminent domestic violence and the courts are closed, you can apply for an emergency PFA/protection order from either a hearing officer, a magisterial district judge, or a master of relief. If the court agrees that the threat exists, the emergency order lasts until 5 p.m. of the next business day.

The process for longer relief begins with the petitioner (victim) filing the necessary forms for a temporary PFA/protection order at a court of common pleas (in most counties). The courthouse has the forms, which are also available online. Victims can also enlist the aid of a domestic violence advocate or a Pennsylvania domestic violence attorney.

Once filed, the court clerk takes the petition to a judge. The judge may ask you questions. If the court rules that abuse is threatened, an ex parte temporary order/temporary PFA is issued. Ex parte means that the defendant (abuser) doesn’t need to be present. Law enforcement will serve the defendant with the order. A petitioner should never serve an order on an abuser themselves.

The temporary protection order lasts either 10 days or until the final order/PFA hearing. If the defendant chooses not to oppose the order or doesn’t show up to the court date, the court will likely make the order final. If they do oppose the order, the matter is settled at the final hearing. Both sides can argue their case, call witnesses, and present evidence.

If the plaintiff proves the threat still exists through the preponderance of evidence, a final PFA/extended order is issued. This final protection order can add new conditions and amend provisions from the temporary order. Final PFAs/extended orders last up to three years. They are extendable by petition or due to violations, contempt charges, or release from incarceration.

Pennsylvania Restraining Orders Laws: Violations and Penalties

Restraining orders are effective if the abuser fears the penalties for violations. This means that victims must alert law enforcement officials to every violation or threatened violation. They should also consider filing private contempt charges for violations.

Violation of a Pennsylvania protective order is indirect criminal contempt. It carries a fine of between $300 and $1,000 and up to six months of jail time or probation for each instance. This is in addition to any sentence for crimes committed during the violation.

If a violation occurs during an extended order/final PFA, the order can gain automatic extensions or become permanent. There’s no limit on the number of extensions.

Pennsylvania Restraining Orders Laws: Review

Restraining orders can make a big difference in the life of an abuse victim. Since there’s a lot to remember, the table below contains a recap of important information about Pennsylvania restraining orders. Links to useful statutes are included as well.

Pennsylvania Retraining Orders Laws: Additional Resources

• Pennsylvania Coalition Against Domestic Violence: 1-800-932-463
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Find a Court of Common Pleas
• Protection From Abuse Database (PFAD) Forms for Protective Orders
• Domestic Violence Orders of Protection and Restraining Orders Overview

Have Legal Questions About Temporary Restraining Orders? Talk to an Attorney

Victims of abuse often don’t know where to find help. In addition to law enforcement and domestic violence advocates, consider speaking with a Pennsylvania family law attorney. Their expertise with the Protection From Abuse Act means they’re well-equipped to provide legal services to help you escape your abuser forever.

If you’re facing criminal charges for violating a Pennsylvania restraining order, your future is in jeopardy. A Pennsylvania criminal defense attorney can examine your case, offer legal advice on your options, and stand with you in court.