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Pfa Brochure

Handbook

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0% fanden dieses Dokument nützlich (0 Abstimmungen)
49 Ansichten2 Seiten

Pfa Brochure

Handbook

Hochgeladen von

dj123
Copyright
© © All Rights Reserved
Wir nehmen die Rechte an Inhalten ernst. Wenn Sie vermuten, dass dies Ihr Inhalt ist, beanspruchen Sie ihn hier.
Verfügbare Formate
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PROTECTION FROM ABUSE IN PHILADELPHIA COUNTY

If you or someone in your household is being WHO MAY FILE IN PHILADELPHIA?


abused, this brochure may help you learn how to
A PFA action may be filed in Philadelphia County if it
seek protection in Philadelphia Family Court.
is the county in which:
WHAT IS ABUSE? • the plaintiff lives or is employed, or
• the defendant may be served, or
State law defines abuse as: • the abuse occurred.
• Attempting or causing physical injury
• Placing another in reasonable fear of imminent If possession of the residence to the exclusion of the
serious bodily injury defendant is requested, the action must be filed in the
• Sexual assault county where the residence is located.
• False Imprisonment WHERE DO YOU FILE FOR A PFA
• Stalking ORDER?
WHAT PROTECTION CAN YOU ASK THE Monday through Friday, you may file a petition for a
COURT TO ORDER? PFA in the Domestic Violence Intake Unit at Family
The Court can order the defendant to: Court at 1501 Arch Street, 8th Floor, Philadelphia.
• stop abusing, stalking, threatening, and harassing There is no fee.
you,
The Unit will help you prepare and file your petition if
• not to have any contact with you and your children,
you do not have a lawyer. Language interpretation
including at work or school,
services are available at the filing unit and at the
• Stay away from the victim’s residence, even if it is hearing. To ask for an interpreter at your hearing, fill
also the defendant’s residence out the Interpreter Request Form at the filing unit.
• Turn weapons over to the police or sheriff or other
person authorized by law to accept them. The Unit is open from 8a.m. to 3 p.m. However, you
should arrive by 8 a.m. and be prepared to wait
The order can also include: your turn. If you arrive after 12 p.m. there may not be
• Temporary child custody time to get your petition prepared and filed that day.
• Temporary child support Information is available by telephone 24 hours a day at
• Payments to the victim for reasonable losses 215-686-3512.
• Plaintiff’s counsel fees
You may also prepare your own forms completing
HOW LONG DOES A PFA LAST? forms available at
https://www.courts.phila.gov/forms/ under Court of
A court may issue a Final PFA for up to 36 months. The
Common Pleas Family Court-Domestic Relations
court can sometimes extend the PFA for additional time
and taking the forms to the Domestic Violence Unit.
(for example, if there has been additional abuse after
the order was entered). IS HELP AVAILABLE AT NIGHT, ON
WHO CAN ASK FOR A PFA ORDER? WEEKENDS OR HOLIDAYS?
A PFA Order is available to anyone abused by a: Family Court is closed between 5 pm and 8 am on
weekdays and 24 hours on weekends. If you are in
• Current or former spouse
danger of abuse during that time, you may file a request
• Parent
for an emergency PFA order at the Criminal Justice
• Child Center, Room B-03 at 1301 Filbert Street, Philadelphia,
• Current or former sexual or intimate partner, such PA (215-683-7280).
as a boyfriend/girlfriend or father/mother of your
children See Brochure Philadelphia Emergency Domestic
• Others related by blood or marriage Violence Site to learn how to obtain an emergency PFA
order in Philadelphia.

* SAFETY TIP * IF YOU ARE IN DANGER, * SAFETY TIP *


CALL 911 IMMEDIATELY KEEP A COPY OF THE PROTECTION
Call the police if the order is violated and show the ORDER WITH YOU AT ALL TIMES AND
officers the order. IN YOUR CAR, YOUR HOME,
AND PLACE OF EMPLOYMENT
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 1, October, 2022
PROTECTION FROM ABUSE IN PHILADELPHIA COUNTY
WHAT HAPPENS AFTER YOU FILE A • You can subpoena witnesses you may not want to
PETITION FOR A PFA? appear at court. You can get a subpoena on the 11th
Floor of the Family Court at 1501 Arch Street. Fill
The same day you file your petition, a judge will review in the subpoena and give it to your witness before
it and hold a short hearing to decide whether to issue a the date of the hearing. You may want to prepare
temporary order. Be ready to answer questions from the
judge about your petition. The judge will also schedule and bring with you a list of questions to ask your
a hearing that must be held within 10 days to determine witnesses.
whether to grant a final PFA.
HOW DO YOU ENFORCE A PFA?
The Temporary Order, Petition, and Notice to
It is a crime to violate a PFA. Call the police right
Appear must be given to the defendant (this is called
away. Keep a copy of the PFA order with you, in your
“service”). After completion of the initial PFA filing
car, in your home, and in your workplace, in case you
process at 1501 Arch Street, deputies from the
need to call the police. The District Attorney is
Philadelphia Sheriff’s Office will attempt service on
responsible for prosecuting anyone who is arrested for
your behalf as long as the court has a valid address
violating a PFA.
listed for the Respondent. If you do not wish for the
Sheriff’s Office to serve or you need to find out if You may also file a petition for civil contempt at the
service was made, call 215-686-3542. If service was Domestic Violence Filing Unit on the
not made (or you filed at the Emergency Filing Site) 8th floor of Family Court at 1501 Arch Street,
take all the papers the court gave you to the Philadelphia between 8 am and 4 pm. There is no fee.
Philadelphia Police District Headquarters where the
After you file the petition, a hearing will be scheduled.
Defendant can be found (residence, work, etc.) and ask
If a judge finds the defendant guilty of violating the
an officer to serve the PFA order. In addition, any
PFA, the defendant can be sentenced to prison for up to
responsible adult who is not a party or related to a
6 months and/or fined up to $1000. The court can also
party may serve the papers. The person who serves the
extend your protection order.
papers on the Defendant must complete, sign and return
the original Affidavit of Service to you. The Defendant IS HELP AVAILABLE?
does not need to sign the Affidavit of Service. You
must bring this original Affidavit of Service to court on PHILADELPHIA DOMESTIC VIOLENCE HOTLINE
your hearing date. Go to the hearing even if the 1-866-SAFE 014 (1-866-723-3014)
defendant has not been served with the papers. You Legal representation may be available from:
will receive a new court date so service can be made. • WOMEN AGAINST ABUSE LEGAL CENTER:
215-686-7082 www.womenagainstabuse.org
WHAT HAPPENS AT THE HEARING?
• PHILADELPHIA LEGAL ASSISTANCE: 215-981-3800
The judge will listen to both parties and decide whether www.philalegal.org
to issue a final order. The parties will also be given an • SENIORLAW CENTER: 215-988-1244
opportunity to reach an agreement on the order. The • LEGAL SERVICE DEPARTMENT OF THE MAZZONI
judge may reschedule the hearing if you cannot prove CENTER: 215-563-0657
the Defendant was served properly and/or for other • LEGAL CLINIC FOR THE DISABLED: 215-587-3350
reasons, including where the Defendant asks for time to • PHILADELPHIA BAR ASSOCIATION LAWYER
get a lawyer. Any temporary order would remain in REFERRAL AND INFORMATION SERVICE:
place until the next hearing date. 215-238-6333; www.Philadelphiabarlawyers.com
HOW TO PREPARE FOR THE HEARING? Other Important Numbers:
• WOMEN IN TRANSITION:
• You can hire an attorney to represent you. 215-751-1111 Counseling
• A domestic violence counselor may assist you. • LUTHERAN SETTLEMENT HOUSE: 215-426-8610
• Plan to testify about the facts in your petition. CONGRESO DE LATINOS UNIDOS: 215-763-8870
• Prepare to tell the judge what relief you are • KOREAN WOMEN’S CENTER: 215-869-5703
requesting (see Page 1). • WOMEN’S LAW PROJECT
• Bring written evidence, such as medical records, https://www.womenslawproject.org/protection-
medical bills, repair bills, or photos of injuries. from-abuse/
• Bring eyewitnesses to testify if they have firsthand This brochure is meant to give you general
knowledge of the incidents of abuse. information and not legal advice.
Sponsored by the Family Law Section of the Philadelphia Bar Association Page 2, October, 2022

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