Being accused of a abusing a family member or former partner can cost your home, child, firearms and sometimes your freedom. The Law Office of John M. Walsh aggressively defends people against these types of allegations in both New Jersey and Pennsylvania. Do not agree to anything without first consulting an experienced defense lawyer. If you or a loved one is accused of abuse, contact us for a free initial consultation.

 

What is a Protection from Abuse Order (PFA)?
A protection from abuse order in Pennsylvania is not a criminal matter.  It is a civil case handled by Family Court.  A lot of times when someone is accused of abuse through a PFA there is also a pending criminal case stemming from the same incident.  If you testify at a PFA hearing, that testimony can be used against you in your criminal case.  That is one of the reasons that you should always retain an attorney to represent you.

 

Since this is a civil case the standard of proof is a preponderance of the evidence which is a significantly lower standard than beyond a reasonable doubt standard.

 

There are five scenarios for a PFA in Pennsylvania:

 

1. Attempting to cause or causing (with or without a deadly weapon):

• Bodily injury or serious bodily injury;

• Rape;

• Involuntary deviate sexual intercourse (oral sex, anal sex, vaginal or anal penetration with a foreign object performed under force or the threat of force, or while unconscious);*

• Sexual assault or statutory sexual assault;

• Aggravated indecent assault (vaginal or anal penetration with a finger or other body part under force or threat of force, or while unconscious);**

• Indecent assault (touching a person’s intimate parts for the purposes of arousal without consent, under force or threat of force, or while the person is unconscious);***

• Incest; or

2. Placing another in reasonable fear of immediate serious bodily injury;

3. False imprisonment;

4. Physical or sexual abuse of a child; or

5. Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, under circumstances which place the person in reasonable fear of bodily injury.

 

Contact the Law Office of John M. Walsh for a free initial consultation.