The Misuse of Protection From Abuse Orders in Custody Cases
The misuse of PFAs overburdens the courts with cases that should be handled in a custody hearing, creates more conflict within families, and creates fear for children and parents who are suddenly stripped of their time together.
March 18, 2024 at 11:33 AM
7 minute read
NGO and Non-ProfitProtection From Abuse Orders (PFAs) are a powerful, but often misused, remedy in Pennsylvania. They are intended to protect vulnerable individuals who are survivors of domestic abuse. The statute offers protection in limited circumstances, and the abuse must be at the hands of family members or household members, including former sexual or intimate partners. The statute lays out the abuse that PFAs protect from, which can be summarized as preventing the defendant from: attempting to cause or intentionally, knowingly or recklessly causing bodily injury, including rape, involuntary deviate sexual intercourse, assault and incest; placing another in reasonable fear of imminent serious bodily injury; falsely imprisoning the plaintiff; physically or sexually abusing minor children or; knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, which place the person in reasonable fear of bodily injury. See 23 PA Cons Stat Section 6101 (2022). PFAs can also be filed on behalf of minors (PFA OBO), which provides children and teenagers with the necessary protection.
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