How to Get a Protection From Abuse (PFA) Order in Pennsylvania
Pennsylvania PFA process explained in survivor-first language.
Understanding Emergency, Temporary, and Final Protection Orders
Emergency, Temporary, and Final Protection Orders
Protection orders (sometimes called restraining orders or peace bonds) are court orders that can place limits on someone’s contact with another person. The exact names and processes vary by province and territory, and this information is general, not legal advice.
Names you might see include: “emergency intervention order,” “emergency protection order,” “restraining order,” “civil protection order,” or “recognizance / peace bond” in criminal court. Local procedures and eligibility can differ.
Emergency Protection Orders
Emergency orders are usually short-term and meant for urgent situations where there is an immediate safety concern.
- Often available during evenings, nights, or weekends through an on‑call judge or designated official.
- May be requested by police, a crisis worker, or sometimes directly by a person needing protection, depending on the region.
- Can be granted without the other person present or notified in advance (often called “ex parte”).
- Usually last a short time (for example, days or a few weeks) until the court can review the situation more fully.
Temporary (Interim) Protection Orders
Temporary or interim orders often cover the period between your first request to the court and a full hearing.
- May be granted based on written documents and a brief appearance, sometimes without the other person present at first.
- Remain in place until a set review date, next court appearance, or final hearing.
- Can include conditions about contact, residence, and sometimes children’s schedules, depending on the court and local rules.
Final Protection Orders
Final orders (sometimes called “long‑term” or “permanent” orders, even if they still have an end date) are made after the court has more information.
- Granted after a hearing or series of hearings where both sides can provide evidence.
- Can last for a set period (for example, months or years) and may be renewed in some situations.
- May contain more detailed conditions than an emergency or temporary order.
The exact length, conditions, and eligibility for each type of order depend on the province or territory and whether the case is in family, civil, or criminal court.
Filing Steps for a Protection Order
The process to ask for a protection order can look different depending on where you live and what kind of order you are seeking. The points below give a general outline only.
1. Find the Right Court or Office
- Some regions use family or civil court for protection orders; others may proceed through criminal court or specialized domestic violence courts.
- Court staff can usually explain forms and basic procedures but cannot give legal advice.
2. Complete Application Forms
- You may need to fill out a sworn statement (affidavit) describing why you are asking for protection and what conditions you are requesting.
- Forms often ask for:
- Names and contact details
- Relationship between the parties
- Any current or past court orders
- Brief, factual information about safety concerns
- Some courts have duty counsel or legal clinics that may help explain the paperwork.
3. Swear or Affirm Your Documents
- Applications and affidavits usually need to be sworn or affirmed in front of an authorized person (such as a commissioner for oaths, notary, or court staff member).
- You will typically need government‑issued identification to do this.
4. File the Documents with the Court
- Once completed and sworn, your forms are filed with the court registry or clerk.
- There may be filing fees in some civil matters, but many family‑violence‑related orders have fee waivers or no fees; this depends on the jurisdiction.
5. Requesting Emergency or Temporary Relief
- In urgent situations, you may be able to ask the court to hear your request quickly, sometimes the same day.
- The court may grant an emergency or interim order before a full hearing, particularly if there is a significant safety risk.
Because procedures vary, some people work with local advocacy services or legal clinics to understand which type of order fits their situation. Canada‑wide resources listed at https://www.dv.support can help you locate regional supports.
Service Requirements (Notifying the Other Party)
“Service” means officially delivering court documents to the other person so they know about the case and any order made.
Who Can Serve the Documents
- In most areas, you are not allowed to personally hand documents to the other party.
- Service may be done by:
- A professional process server
- Sheriff or court officer, where available
- Another adult who is not involved in the case, if permitted by local rules
How Service Is Done
- Personal service (hand‑delivery) is often required for initial applications and orders.
- In some situations, a judge may allow alternative service (for example, by email, text, registered mail, or social media), especially if the person is hard to locate. This usually requires specific court permission.
Proof of Service
- The person who served the documents normally completes a sworn statement (affidavit of service or similar) confirming how and when service happened.
- This proof is filed with the court so the judge knows the other party has been notified.
If you have safety concerns about the other person learning your address or contact details, ask court staff or a legal clinic whether any protective steps are available in your area, such as using a “care of” address or safety‑focused service options.
What to Expect at Hearings
Hearings can range from short appearances for emergency or temporary orders to longer, more detailed hearings for final orders.
Emergency or Short Hearings
- May be brief and focused on immediate safety.
- Sometimes proceed without the other person present initially, particularly in urgent cases.
- The judge may:
- Ask a few clarifying questions
- Review your written materials
- Decide whether to grant temporary conditions
Hearings with Both Parties Present
- For longer‑term or final orders, the other person is generally allowed to attend and respond.
- Each side may:
- Give evidence under oath or affirmation
- Present documents, messages, or records
- Call witnesses, depending on court rules
- The judge or decision‑maker may ask questions of both sides.
Remote and In‑Person Options
- Some courts allow phone or video appearances, especially where there are safety or distance issues.
- Availability of remote options and separate waiting spaces varies by courthouse.
If appearing in the same room as the other person feels unsafe, you can ask court staff in advance what options might exist, such as separate waiting areas or remote attendance, depending on local policies.
Types of Relief That May Be Available
The court decides what conditions to include based on local laws and the information presented. Not every option below will be available or granted in every case.
Contact and Communication Limits
- No contact at all, or only in specific ways (for example, through a lawyer or supervised app).
- No indirect contact through other people, social media, or messaging.
Distance and Location Conditions
- Restrictions on coming to your home, workplace, school, or children’s school or daycare.
- Minimum distance requirements from you or certain locations.
Home and Property‑Related Conditions
- Direction that one person must leave a shared home (sometimes called “exclusive possession” in family matters, where allowed).
- Limits on entering specified places, even if the person’s name is on a lease or title, depending on the type of order and local laws.
Children and Parenting‑Related Conditions
In some family or civil protection orders, and sometimes in parallel family‑law cases, the court may include conditions about children. This depends heavily on the court’s jurisdiction and the type of proceeding.
- Setting or changing temporary parenting time or exchanges.
- Requiring supervised contact, where services are available.
- Designating safe locations and methods for pick‑ups and drop‑offs.
Other Possible Conditions
- Directions about weapons or possession of firearms, in line with federal and provincial/territorial law.
- Limits on substance use in certain contexts, if related to safety concerns.
- Any other conditions the court considers necessary for safety and permitted under local legislation.
Court orders are written documents. Make sure you receive a copy, read the conditions carefully, and ask court staff to clarify any wording you do not understand. They cannot provide legal advice but can usually explain what specific terms on the order mean in practical terms.