Protection from Abuse Attorney

Protecting Your Future

If you’ve been served with a Protection from Abuse (PFA) order in Pennsylvania, it’s essential to understand your rights and options. At Gary J. Saylor, II, Esq., we specialize in defending individuals facing PFAs in Stroudsburg and surrounding areas. A PFA order can seriously affect your personal and professional life. Having an experienced attorney on your side can make a critical difference in resolving your case. Gary J. Saylor practices as part of Cramer, Swetz, McManus, Jordan & Saylor, P.C. — so your PFA matter gets the focus of a dedicated family-law attorney backed by a full-service firm’s resources.

What Is a Protection from Abuse (PFA) Order?

A PFA is a civil order designed to protect individuals from domestic violence, abuse, harassment, or threats. While the intention is to protect victims, PFAs are sometimes issued based on false or exaggerated claims. If you are a defendant in a PFA case, it’s crucial to take immediate steps to protect your rights.

Consequences of a PFA Order

A temporary or final PFA can significantly impact various aspects of your life, including:

• Restraining Orders: A PFA may bar you from contacting or being near the plaintiff (the person who filed the order), which could mean being removed from your home.
• Child Custody and Visitation: A PFA may temporarily restrict your access to your children or limit visitation rights, affecting your parental relationship.
• Firearm Restrictions: A PFA order often includes mandatory surrender of firearms and revokes your right to possess weapons, which can be particularly damaging if you rely on them for your profession.

False or exaggerated PFA claims can have long-lasting effects on your reputation, career, and personal relationships. At Gary J. Saylor, II, Esq., we are committed to helping you protect your future by providing strong legal defense against unwarranted PFAs. We know how critical it is to clear your name and restore normalcy to your life.

What is a PFA order in Pennsylvania and how do you get one?

A Protection from Abuse (PFA) order is a civil order under 23 Pa.C.S. Chapter 61 against abuse by a family or household member, a current or former sexual or intimate partner, or someone who shares biological parenthood. Under § 6102, abuse includes attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury; placing someone in reasonable fear of imminent serious bodily injury; and other listed acts, such as listed sexual offenses and abusing minor children.

An adult or emancipated minor can file for themselves; a parent, adult household member or guardian ad litem can file for minor children, among others. Plaintiffs pay no filing or service fees (§ 6106).

If the petition alleges immediate and present danger, the judge hears it without the defendant and, on finding that danger, can enter a temporary order that lasts until the court acts after a hearing. The final hearing is due within ten business days of filing unless continued, and the plaintiff must prove abuse by a preponderance of the evidence (§ 6107). Final orders and approved consent agreements last up to three years; § 6108(e) sets the grounds for extending a protection order.

In Monroe County, file in person with the Prothonotary, 610 Monroe Street, Suite 323, Stroudsburg, weekdays 8:30 a.m. to 4:00 p.m., except holidays and courthouse closures. After hours, police refer petitioners to the duty magisterial district judge, whose emergency order lasts until the end of the next business day the court is available (§ 6110).

Do you need a lawyer for a PFA hearing in Monroe County?

Neither side must have a lawyer, and plaintiffs can file using the official court forms. When the defendant is notified of the hearing, the court must explain the right to be represented by counsel, to present evidence and to compel witnesses (23 Pa.C.S. § 6107(a)). A case can end at a contested final hearing or in a court-approved consent agreement, and the stakes run both ways:

• Depending on the facts, a final order can bar contact, give the plaintiff possession of the home, set temporary custody, order temporary support (void unless a support complaint follows within two weeks) and require firearms relinquishment. Every final protection order the court enters must include the firearms provisions; an agreement may (§ 6108).
• The defendant’s notice must say a protection order may be considered in later Title 23 proceedings, including custody (§ 6107(a)). Custody factor § 5328(a)(2), one of four given substantial weighted consideration, covers present and past abuse, which may include PFA orders “where there has been a finding of abuse.”
• If the hearing is set within three business days after service, the court must grant the defendant’s request for a continuance until that period passes (§ 6107(c)).

A lawyer can prepare evidence and witnesses, negotiate any agreement, and keep the custody, housing, support and firearms consequences in view. The court’s PFA page lists Women’s Resources of Monroe County as a source of information. To talk through a PFA petition or hearing with Gary J. Saylor, II, call (570) 421-5568.

Your Rights as a Defendant

• A Hearing: Once a temporary PFA is issued, you can contest the allegations at a final hearing. This is your opportunity to present evidence and defend yourself.
• Legal Representation: You have the right to legal representation throughout the PFA process. Having an attorney who understands PFA laws in Pennsylvania can help ensure your side of the story is heard.
• Challenging the PFA: You can challenge a PFA by demonstrating that the accusations are false, exaggerated, or unsubstantiated. Your defense may include providing witness testimony, presenting alibis, or showing a lack of evidence.

How We Defend PFA Cases