Legal Consequences for the Accused (PFAs)

Custody and Visitation Consequences

A PFA case often moves faster than a family court custody case, which means it can set the terms before a custody case has even started. Consequences can include:

How a PFA Affects Custody

• Temporary custody terms in the PFA order itself — can be entered before any separate custody case is filed
• Supervised or suspended visitation — a judge can require supervision or suspend contact with your children entirely
• Findings that follow you into family court — a final order, or even the allegations, can be raised in a later custody proceeding
• No automatic path back — custody terms set in a PFA case do not expire with the order unless a family court changes them

Firearms, Housing, and Financial Consequences

Beyond custody, a final order reaches into property and finances directly:

• Mandatory firearm surrender — a qualifying final order makes possession unlawful under both state and federal law; informal transfers to family or friends do not satisfy the requirement
• Loss of your home — exclusive possession can go to the petitioner even if your name alone is on the lease or deed
• Court-ordered payments — you can be ordered to cover medical bills, relocation costs, property damage, and attorney’s fees tied to the case
• Background and licensing exposure — PFA orders are entered into a statewide database, which can affect jobs that require firearm possession or a clean protective-order history

Related PFA Pages

For the hearing process itself, see our PFA hub page, and for what happens if the accused is later found to have violated the order, see enforcement of a PFA order. If you have not yet been served, filing and obtaining a PFA order explains the process from the petitioner’s side.

FAQ

Does a PFA show up on a criminal background check?

A PFA itself is a civil matter and does not appear as a criminal conviction. It can, however, appear in a statewide protective order database that is visible to courts and law enforcement, and a violation can create a separate criminal record.

Can a PFA affect my job?

It can, particularly for jobs that require firearm possession, security clearances, or a clean background in roles involving vulnerable populations. A firearm surrender requirement specifically can make certain jobs impossible to keep while the order is active.

Will I lose custody of my kids permanently?

Not automatically. A PFA order can set temporary custody terms, but permanent custody is decided separately in family court. Acting quickly to address the PFA case well can help protect your position when that case is decided.

Why Choose Shane Scanlon Law?

Attorney Shane Scanlon is the former District Attorney of Lackawanna County, giving him insider knowledge of how these cases are built and how local judges weigh the custody, firearm, and housing consequences at stake. The firm defends accused clients across the Lackawanna County Court of Common Pleas in Scranton and the Luzerne County Court of Common Pleas in Wilkes-Barre.