How a Protection From Abuse (PFA) Order Works in Pennsylvania

how to file a pfa in pennsylvania

How a Protection From Abuse (PFA) Order Works in Pennsylvania

Short answer: A Protection From Abuse (PFA) order is a civil court order in Pennsylvania that can bar one person from contacting, approaching or abusing another. The process has three stages: a petition and temporary order, a final hearing within ten business days, and a final order that can last up to three years. The order is civil, but violating it is treated as indirect criminal contempt, which can mean jail. Filing is free. If you were served, the hearing date on your papers is the most important date you have.

Attorney Shane Scanlon is a former district attorney who now defends people in PFA cases across Lackawanna, Luzerne, Wayne, Susquehanna and Wyoming counties. This guide explains how the process works from both sides of the courtroom, so you know what to expect before your hearing.

What Is a PFA?

PFA stands for Protection From Abuse. It is an order issued under Pennsylvania’s Protection From Abuse Act (23 Pa.C.S. Chapter 61) by a judge of the county Court of Common Pleas. A PFA does not require a criminal charge. It is a civil request, and the person asking for it is called the plaintiff. The person it is filed against is called the defendant.

Who can file

A PFA is available only for certain relationships. You can file against:

  • A current or former spouse or a person you lived with as a spouse
  • A current or former sexual or intimate partner
  • A parent, child or other relative by blood or marriage
  • A person who shares a child with you

Neighbors, coworkers and roommates who are not relatives or partners generally cannot use a PFA. Other legal options exist for those situations.

Filing a PFA on Behalf of Minors and Incapacitated Adults

Minors under 18 years old cannot walk into the courthouse and file a legal petition entirely on their own unless they are legally emancipated. The law provides clear mechanisms so vulnerable individuals are never left without protection:

  • Emancipated Minors: An emancipated minor holds the legal status of an adult and may file a petition independently.
  • Parents and Legal Guardians: A parent or legal guardian can file a petition on behalf of a minor child who is suffering abuse from a qualifying family or household member. This is common in complex custody matters where a child requires emergency safety measures, often intersecting with PFA Orders Involving Child Custody in Pennsylvania.
  • Adult Household Members: An adult living in the home can petition the court to protect a minor residing in the same household.
  • Guardians Ad Litem: A court-appointed guardian ad litem can file on behalf of a minor child to ensure their safety.
  • Guardians of Incapacitated Adults: If an adult lacks legal capacity due to cognitive impairment, physical disability, or severe illness, their legally appointed guardian holds the authority to file a PFA on their behalf.

Ineligible Relationships and Alternative Protection Orders in PA

Many people assume any form of harassment, stalking, or violence warrants a PFA. However, the Pennsylvania PFA Act does not protect victims who experience abuse by a stranger, or a roommate with whom the victim is not intimately involved. If you are facing harassment from a neighbor, a disgruntled coworker, a platonic roommate, or an unknown stalker, the family court will dismiss a PFA petition for lack of a statutory domestic relationship.

When a situation falls outside domestic boundaries, victims can Request a Protection Order for Crime Victims through SVPO or PFI avenues:

  • Sexual Violence Protection Orders (SVPO): An SVPO offers civil protection to any victim of sexual violence or indecent assault regardless of their relationship to the perpetrator. If an acquaintance, coworker, or stranger commits a sexual offense, an SVPO can prohibit contact, order distance requirements, and keep the victim safe.
  • Protection From Intimidation Orders (PFI): A PFI is designed specifically to protect minor victims (under age 18) who are being stalked, harassed, or intimidated by an adult defendant (age 18 or older) who is not a family or household member. A parent or guardian must file the petition on the minor’s behalf.

What counts as abuse

Under the Act, abuse includes causing or attempting to cause bodily injury, placing someone in reasonable fear of imminent serious bodily injury, false imprisonment, abuse of a child, and repeated acts or a course of conduct that places someone in reasonable fear of bodily injury.

What a judge can order

A PFA Is Civil, but a Violation Is Criminal

A PFA itself is a civil order. Getting one does not create a criminal record for the defendant, and the judge decides the case on a preponderance of the evidence, which means more likely than not. That is a lower standard than the proof beyond a reasonable doubt required in a criminal case.

The risk comes after the order is entered. If a defendant breaks the terms, the violation is prosecuted as indirect criminal contempt. That charge is criminal in nature and can lead to up to six months in jail per violation. Police can arrest on probable cause that an order was violated. Read our full guide to PFA violations, enforcement and penalties.

The PFA Process, Step by Step

Step 1: The petition is filed

The plaintiff files a petition at the county courthouse where the plaintiff lives, where the defendant lives, or where the abuse happened. In our area that means the Lackawanna County Courthouse in Scranton or the Luzerne County Courthouse in Wilkes-Barre, among others. The petition describes what happened and what protection is requested. There is no filing fee for the plaintiff. For a full filing walkthrough, see filing and obtaining a PFA order.

Step 2: A temporary order may be entered right away

The judge can issue a temporary PFA the same day, based only on the plaintiff’s petition. The defendant does not have to be present or even know about it yet. This is called an ex parte order. It stays in place until the final hearing. If the courthouse is closed, a plaintiff can ask an on call magisterial district judge for an emergency order. Learn how that works in emergency PFAs in Pennsylvania.

Step 3: The defendant is served

Police or the sheriff deliver the petition, the temporary order and the hearing notice to the defendant. Service is required before the final hearing can go forward. The papers list the hearing date, the courtroom and the terms of the temporary order, which the defendant must follow starting at service.

Step 4: The final hearing

The final hearing is scheduled within ten business days of the petition being filed. Both sides can testify, call witnesses and present texts, photos, medical records or police reports. The judge decides whether abuse has been proven. Either side can ask for a continuance, and a judge often extends the temporary order while the hearing is delayed. For a detailed look at the hearing itself, see our PFA hearing process guide.

Step 5: The outcome

The judge can enter a final order, dismiss the petition, or approve a consent agreement. A consent agreement lets the defendant agree to an order without admitting the allegations, but the order is still enforceable and still carries the same consequences if it is violated.

Step 6: After the final order

A final order can later be extended, modified or lifted by asking the court. See modifying or terminating a PFA and lifting a PFA order.

How Long a PFA Lasts, What It Costs and What It Does to Your Record

  • Duration: A temporary order lasts until the final hearing. A final order can last up to three years, and the court can extend it.
  • Cost to file: None for the plaintiff. The judge can order the defendant to pay court costs.
  • Criminal record: The PFA itself is civil and does not create a criminal record. Final orders are entered into a statewide database that law enforcement can see, and a violation can create a criminal contempt record.
  • Firearms: A final order can require firearm surrender and can trigger federal firearm restrictions.
  • Custody and housing: A PFA can change who stays in the home and who has the children while it is in effect.

If You Were Served: What to Do Before the Hearing

A PFA can affect your home, your children, your job and your right to own firearms, and the hearing can be less than two weeks away. Here is what to do right now:

  • Read every page of the papers and write down the hearing date, time and courtroom.
  • Follow the temporary order exactly. Do not contact the plaintiff, even if the plaintiff contacts you. The plaintiff cannot give you permission to break the order.
  • Save texts, call logs, photos and the names of anyone who saw what happened.
  • Do not discuss the case on social media or in messages.
  • Talk to a lawyer before the hearing, not after the order is entered.

False or exaggerated allegations happen. Our guide on fighting false PFA claims explains how to defend against them. Shane Scanlon spent his career on the prosecution side and knows how these cases are built and where they fall apart.

Served with a PFA? Call (570) 676-2381 or contact us online for a free consultation.

Where PFA Hearings Happen in Northeast Pennsylvania

PFA cases are heard in the Court of Common Pleas of the county involved. We handle cases at the Lackawanna County Courthouse in Scranton, the Luzerne County Courthouse in Wilkes-Barre, and in Wayne, Susquehanna and Wyoming counties. For county specific information, see our pages on PFAs in Lackawanna County, PFAs in Luzerne County, PFAs in Scranton and PFAs in Wilkes-Barre. For the full picture of PFA law, visit our Protection From Abuse hub.

Frequently Asked Questions About How a PFA Works

How long does a PFA last in Pennsylvania?

A final PFA order can last up to three years, and a judge can extend it. A temporary order lasts only until the final hearing.

How soon is the PFA hearing?

The final hearing is scheduled within ten business days of the petition being filed. The date is printed on the papers the defendant is served with.

How much does it cost to file a PFA?

There is no filing fee for the person filing. A judge can order the defendant to pay court costs as part of a final order.

Is a PFA civil or criminal?

The order itself is civil, so it is not a criminal conviction. Violating it can lead to an indirect criminal contempt charge, which is criminal in nature and can mean up to six months in jail per violation.

Can a PFA be issued without the other person knowing?

Yes. A judge can enter a temporary order based only on the petition. The defendant then gets notice through service and has a chance to respond at the final hearing.

Do I need a lawyer for a PFA hearing?

You are not required to have one, but a final order can affect your firearm rights, custody and housing. If you were served, talk to a lawyer before the hearing.

This page is general information about Pennsylvania law and is not legal advice. Every case is different.

Shane Scanlon Law | Serving Scranton, Wilkes-Barre and Northeast Pennsylvania | (570) 676-2381 | Contact us