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A Protection From Abuse Order is a Court Order that protects victims of domestic violence from abuse. Abuse includes physical injury or threats of physical injury.
Under the Protection From Abuse Act, abuse is defined as any of the following:
You may file for protection in Lehigh County if you live or work here, the defendant lives, works, or can be served here, or the abuse occurred here. There has to be physical abuse or threats of physical abuse.
A person may file a Protection From Abuse Petition against an intimate partner or family member. Here are some examples:
*If the abused person is a minor, then a parent, guardian ad litem, or adult household member can file on behalf of the child.
*The PFA act does not apply to disputes between strangers, neighbors, roommates, co-workers, or classmates.
You must appear in person at the Lehigh County Courthouse, Protection From Abuse Office 455 W. Hamilton Street, Room 423, Allentown, PA 18101. There are no attorneys on staff to provide legal advice to you; the PFA staff will assist you in filing the paperwork that is needed. The staff may not give you legal advice.
You must be a victim of abuse (read the definition above) in order to qualify for Protection From Abuse Petition. The staff will assist you in completing the necessary paperwork. After completing the paperwork, the staff will take you and your petition before the Judge.
Petitions are presented to the Judge twice daily:
Clients arriving after 12:00 pm will be referred to their Magisterial District Judge.
Please come prepared with the following information (if available):
After filing a Protection From Abuse Petition, a Judge will review your paperwork and will speak with you to determine if a Temporary Order will be granted. If the Judge believes a Temporary Order should be granted, he will issue one. All cases will then be scheduled for a Final Hearing before a Judge in approximately business 10 days.
In case of an emergency or if you've been a victim of domestic abuse, contact your local police department or 911. If you are in immediate and present danger of abuse, a Petition for Emergency Relief from Abuse may be filed with the on call Magisterial District Court (police will provide you with the name of the on call emergency Magisterial District Judge). If the Magisterial District Judge believes that you are in immediate danger, he/she will grant you an Emergency Protection From Abuse Order.
To find your local MDJ click here.
*This Emergency Protection Order will expire at the end of the following business day. Be sure to go to the Lehigh County Protection From Abuse Office between the hours of 8:00 a.m. and 12:00 p.m. to file for a Temporary Order of protection if you want to pursue one.
A hearing will be held in front of a Judge within ten business days of filing your petition with the court, and the Judge will listen to the facts of your case. If the Judge finds that abuse has occurred, a Final Order of protection will be issued. The length can be from one (1) to thirty-six (36) months.
Yes, but not at the time of filing.
A Temporary or Final Order may contain the following relief:
*Terms of order may vary depending on each specific circumstance.
*If you are awarded custody/support you MUST follow-up by filing the appropriate custody/support actions in a timely manner. Do not wait until your order expires. Speak to an attorney prior to taking these actions for legal advice.
In most cases, yes.
The Pennsylvania State Police maintains a registry of all Protection From Abuse Orders issued throughout the Commonwealth of Pennsylvania. Many out of state courts will enforce a valid protection Order that is issued and properly filed in another state.
Copies of your Temporary and Final Protection From Abuse Order will be mailed to you at your last known address. You can obtain copies of your Order by going to the public review room located on the first floor of the courthouse. There is a fee for copies.
These services include crisis hotlines, safe homes or shelters, legal advocacy, community education, counseling, as well as information and referral. Your local domestic violence hotline is available 24 hours per day, all services are confidential. For more information contact the hotline at 1 877 438-4957
Call the Bar Assoication of Lehigh County Lawyer Referral Services (610) 433-7094.
If the Temporary Order was granted, you would need to come to the Protection From Abuse Office between the hours of 8:00 a.m.-12:00 p.m. with photo identification and complete paperwork. You would then be taken before Judge at either 10:30 a.m. or 1:30 p.m. The Judge would then decide whether to approve your request or not.
If your Temporary Order was denied, you would need to come to the Clerk of Judicial Records Office, located the in the Lehigh County Courthouse, with photo identification, to complete paperwork.
If you wish to withdraw your Final Order of protection, you would need to come to the Protection From Abuse Office between the hours of 8:00 a.m.-12:00 p.m. with photo identification and complete paperwork. You would then be taken before Judge at either 10:30 a.m. or 1:30 p.m. The Judge would then decide whether to approve your request or not.
Contempt of an Order can be filed two ways: The first way that Contempt is filed is by the police departments. If you call the police because you feel the defendant violated the protection Order, if the police agree; they would file the necessary paperwork and a hearing would be scheduled. The second way, is for the plaintiff to come to the Protection From Abuse Office and complete Contempt paperwork and the staff will take you before a Judge to determine if there is sufficient evidence to proceed with a Contempt Hearing.
No. Please make appropriate child care arrangements.
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