Pennsylvania Sexual Harassment Lawyer >> Harassment at Home/PFA
Harassment at Home/PFAs
The vast majority of sexual assaults and harassment instances occur at the home of the victim and are caused by someone he or she knows and, in some capacity, trusts. Many times, these incidents occur when children are present.
Victims are often reluctant to report these incidents because of a concern over the impact doing so may have on their children. Please understand that neither you nor your children deserve to live in this environment. If you are ready to take control of the situation and to protect yourself and possibly your child, contact us today at Cross Law Firm, your Pennsylvania PFA lawyers.
PFA Orders/Child Custody/Visitation
A Protection from Abuse Order is meant to protect victims of domestic abuse from the perpetrator. These orders come with important consequences concerning child custody, visitation, and home access. Even if you have a court-ordered custody and visitation arrangement in place, a PFA may override that Order and mandate a new arrangement. This often includes awarding temporary custody to the victim.
Protection From Abuse (PFA)
A victim of domestic abuse in Pennsylvania may seek a PFA from Family Court. If the judge is satisfied that physical or sexual abuse occurred, they will grant a Temporary PFA Order. This Order will remain in effect until the final PFA hearing, which usually occurs within 10 days. Both parties will be able to present their cases and other witnesses at the final hearing.
If the judge determines that the Plaintiff (victim) has met their burden of proving that the defendant physically abused them, the judge will determine whether to issue a permanent PFA Order which may last for up to three years.
Possible Effects Of A PFA Order
- Require the defendant to stop abusing, threatening, or harassing the victim and others.
- Require the defendant to refrain from contacting the plaintiff, even on the phone or on social media.
- Revoke plaintiff’s right to go to the family home or to visit children.
- Cause the arrest and detainment of any defendant who fails to adhere to the requirements of the Order.
PFA's Possible Effects Of Existing Child Custody Agreement
In order to ensure the safety of victims of domestic abuse, temporary PFAs often override exiting custody or visitation arrangements.
If the Judge presiding at the final PFA Hearing decides that the defendant has abused the plaintiff or children, the final PFA may establish a new custody and visitation arrangement. The plaintiff (you!) is often awarded full custody in these cases, and the defendant’s visitation is regulated. In extreme cases the court may forbid the defendant from contacting the children. The Court may also order the abuser to leave the family home but will still require them to pay child support.
Custody and Visitation
Custody decisions are always made to protect the best interests of the child. When a PFA is involved, the judge will consider a multitude of factors, including:
- Has the defendant been accused of violence in the past?
- Have any injuries resulted from the domestic violence?
- Is the child and/or plaintiff in danger of violence?
- Are there witnesses to the domestic abuse?
Talk To Your Pennsylvania PFA Lawyer
Cross Law Firm represents victims and never the perpetrators of domestic violence. We know how difficult instances of Domestic Assault are. We will be with you through each step and promise to do everything possible to ensure that those steps are taken correctly and that they achieve your ultimate goal.