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Protection From Abuse (PFA)
A Protection From Abuse (PFA) order is a civil court order under 23 Pa.C.S. §§ 6101 to 6122 that can bar one person from contacting or approaching another, remove them from a shared home, and require them to surrender firearms. A judge can issue a temporary order the same day without the accused present. A hearing follows within ten business days, and a final order can last up to three years. Violating an order is handled as indirect criminal contempt, with up to six months in jail per violation — it is a quasi-criminal proceeding, not a standard misdemeanor charge.
What Stage Is Your Case At?
| Stage | Who Issues It | Best For |
| Emergency Order | Magisterial district judge, after hours | Courts are closed and immediate protection is sought |
| Temporary Order | Court of Common Pleas judge, without the accused present | Petitioner shows immediate and present danger |
| Final Order | Court of Common Pleas judge, after a hearing | Resolving the case for up to three years, contested or by agreement |
| Indirect Criminal Contempt | Court of Common Pleas judge, after a violation hearing | Enforcing an existing order that was allegedly violated |
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Who Can Be Named in a PFA
The Protection From Abuse Act applies only to certain relationships. Full-service PFA defense covers petitions filed against any of the following:
Covered Relationships
- Current or former spouse — includes separated couples still legally married
- Current or former sexual or intimate partner — does not require marriage or cohabitation
- Current or former household member — roommates and former roommates qualify
- Parent, child, or other relative — by blood, marriage, or adoption
- A person with whom the petitioner shares a child — regardless of relationship status
If the relationship does not fit one of these categories, a PFA may not be the correct legal tool — Pennsylvania has a separate protective order process for non-family harassment and stalking.
What a Final Order Can Require of the Accused
A final PFA order can reach well beyond a simple no-contact rule. Depending on the facts, the court can order:
- No contact and stay away terms — barred from the petitioner’s home, work, or school, and from contact through third parties
- Exclusive possession of the shared home — awarded to the petitioner even if the accused is on the lease or deed
- Firearm surrender — required under 18 Pa.C.S. § 6105 and 18 U.S.C. § 922 while a qualifying order is active
- Temporary custody and support terms — can set visitation and financial support ahead of a separate family court case
- Payment of losses — medical costs, property damage, and other losses tied to the alleged abuse
Related PFA Services
In addition to defending accused clients at the hearing stage, Shane Scanlon Law handles the full range of PFA matters across Northeast Pennsylvania, including filing and obtaining a PFA order, enforcement proceedings after an alleged violation, and the broader legal consequences a PFA can carry for the accused. Looking for county-specific filing details? See the dedicated PFA in Scranton, PA and PFA in Luzerne County pages for courthouse-specific guidance.
FAQ
Is a PFA a criminal charge in Pennsylvania?
No. A PFA is a civil order, and entering one does not create a criminal record. Violating the order, however, can lead to an indirect criminal contempt proceeding with jail exposure.
Can I fight a PFA petition instead of just accepting it?
Yes — the accused has the right to a hearing, to present evidence and witnesses, to cross examine the petitioner, and to be represented by an attorney. The petitioner must prove abuse by a preponderance of the evidence.
What happens if I miss the PFA hearing?
The judge can enter a final order in the accused’s absence based on the petitioner’s testimony alone. If served, attend the hearing or have an attorney appear on your behalf.
Why Choose Shane Scanlon Law?
Attorney Shane Scanlon is the former District Attorney of Lackawanna County, giving him insider knowledge of how local courts and prosecutors build and handle PFA cases. The firm defends PFA cases across the Lackawanna County Court of Common Pleas in Scranton and the Luzerne County Court of Common Pleas in Wilkes-Barre.
Been Served With a PFA?
Schedule a confidential consultation or call (570) 676-2381 to talk through your case before the hearing.
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Call 1.833.722.6566 or submit the contact form below.
