Criminal Law Questions? Ask a Criminal Lawyer.
Briefly, please tell me the circumstances of this situation.
I had a 1 yr 3 month affair with a man who was living with another woman
she found out 2 times
of late, the past four months we have been back togehter
just yesterday i gave him an ultimatum that he had to choose
this angered him so he kinda lost in emotionally and ended up telling his live in gf
now everything is my fault and he is threatening me with a pfa
Alright. Have you done anything that would be consider harassment, since this happened?
he actually has a hearing for one tomorrow
In other words, has he given you written notice to have no contact with him and you did anyway?
A hearning in PA for a PFA?
no no written contact
I had no idea
he was just at my house yesterday
Please be patient while I type my answer and then we can continue with your questions pertaining to my answer
First of all, he must provide you written notification via certified mail with a return receipt requested to not have any contact
Once he does that and you do then he can file criminal harassment charges
But until that happens, he has no recourse
So if you are served with a temporary PFA then you will have an opportunity to show cause why it should not be made permanant
Yes, it can be issued via PA and then sent to your state for service
It is a process, but it can be done
Now, it's your turn.
so if he has done none of this then he has no leg to stand on basically
he has to prove why he would need to have a pfa against me
Well, he can get a termporary order based on an affidavit. But once you show cause that you were never notified that you were harassing him it would be dismissed
especially considering we live 40 minutes apart
He would need prove that he mailed you a letter and that you received the letter
a verbal demand or a text message or an email is not sufficient
ok thanks...that is what I was wondering
So, if you are served with a Temp Order be sure to go to court and show cause
can you show the rest of our convo?
If you are served the temp order, go to court show cause that you were never properly notified not to have contact. In the meantime, have no contact with him anyway