What Is a Protection From Abuse (PFA) Order and How Does It Affect Custody?

A protection from abuse (PFA) order is a document signed by a judge that tells the abuser to stop the abuse or face serious legal consequences. It provides legal protection from domestic violence to both male and female victims. A PFA affects custody because it can include temporary custody terms, set visitation conditions, and influence a judge’s decision on longer-term arrangements.

“In family court, you deal with protective orders, the most common in Pennsylvania being a Protection From Abuse (PFA) order. Any person closely related to a child who believes the child is threatened or has been abused can file for a PFA,” says Missy Boyd, a family law attorney at Boyd & Early Family Law in Blue Bell, Pennsylvania.

If you or a loved one has questions about a custody and visitation matter involving a PFA order, visit the Super Lawyers directory to find a family law attorney specializing in custody and visitation.

What Is a PFA Order?

A PFA is a civil court order designed to protect one person from harm from another individual. The difference between a PFA and criminal charges is that a PFA seeks protection while criminal charges seek punishment. A judge, such as a family court judge, issues a PFA order, which gives it legal weight.

However, “PFAs carry a quasi-criminal weight because violating a protective order can result in an arrest for indirect criminal contempt,” says Boyd. “In Pennsylvania, for example, a final order can provide up to three years of protection.”

PFAs are issued for safety, and they are enforceable by law enforcement. A PFA order can be either a temporary PFA order or a final PFA order. It can go by different names depending on where you live. Other common names for a PFA order include:

• Restraining order
• Order of protection
• Protective order
• Domestic violence injunction

Although the names may vary by jurisdiction, the purpose remains the same: to ensure the safety of the petitioner.

What Do PFAs Do?

PFAs provide a wide range of protection. A PFA could order any of the following:

• Prohibit contact or communication
• Require the abuser to stay away from home, work, or school
• Grant temporary possession of a shared residence
• Address firearm surrender in some cases
• Outline temporary custody terms and set the conditions for visitation

The terms of a PFA order vary by situation and the judge’s discretion. A PFA order in one case may be completely different from the order in another case.

Who Do PFA Orders Protect?

PFA orders generally protect people with a specific relationship with the accused (the respondent). Typical relationships that result in PFAs include the following:

• Spouses and former spouses
• Current or former partners
• Family members or household members
• Minor children within the household

A plaintiff’s eligibility to pursue a PFA successfully depends on state law and the nature of the relationship. Protection can extend to dependents, and not just to the primary applicant.

Who Can Request a PFA?

Only certain people have standing to petition the court for a PFA. For example, the person being physically abused, a parent or guardian filing on behalf of a minor, or, in some states, a person filing on behalf of a vulnerable adult may have standing to request a PFA.

“Initially, getting a PFA involves seeking ex parte relief, where a judge evaluates the immediate need for protection before a full hearing,” explains Boyd. “Under Pennsylvania statutory regulations, for example, if a temporary PFA is granted, the defendant must be served, and a full hearing or settlement process typically occurs within seven to 10 days.”

What qualifies as abuse for filing purposes can include any of the following:

• Physical harm or bodily injury
• Stalking
• Harassment
• Threats
• Domestic abuse
• Sexual abuse and sexual assault

Although the specific definitions vary by state, these actions generally qualify as abuse for PFA filing purposes.

When Do PFA Orders Typically Come Up?

Certain situations make PFAs more likely. PFAs are commonly requested during or after a divorce, in active custody disputes, following an incident of domestic violence, or when a relationship ends and threats or harassment continue.

A PFA during a custody case can temporarily shift custody arrangements and influence a judge’s decision regarding longer-term arrangements. In fact, you can use a PFA as evidence in related family court matters for many issues.

5 Steps in the Process for Getting a PFA

Although the process for obtaining a PFA can vary by court, here are the general steps involved.

1. File a petition with the relevant court.
2. A temporary (ex parte) order may be granted quickly for immediate protection.
3. Service of process requires that the other party be notified that you filed a PFA.
4. A final PFA hearing is required before the court issues a PFA so that both sides have a chance to make their case before the judge. You must bring everything you need to support your position, including documentation, photographs, text messages, emails, and witness information.
5. The court issues the final order after the final PFA hearing. The PFA can be ordered to last months or even years.

Court staff can provide information about court procedure. Although they cannot provide legal advice, they often provide information to help you understand the process and the requirements for a PFA petition.

Get Help from an Attorney

Disputes over custody or visitation rights can involve allegations of abuse or requests for a protection order. Although you can file without an attorney, legal guidance can be critical, especially when child custody is involved.

To get started, visit the Super Lawyers directory to find a family law attorney specializing in custody and visitation. An experienced attorney can help protect your safety and your parental rights. If you cannot find an attorney, you may want to seek help from a pro bono attorney.