Hi, My name is XXXXX XXXXX X am a Pennsylvania Licensed, Practicing Attorney. If I have not Answered your question, please let me know and I will be glad to explain further,
In Pennsylvania, an individual who wants to get a Protection from Abuse Order ("PFA") will file a Private Criminal Complaint, take it to the Office of the District Attorney to be approved. If it is approved, a Judge will enter a Temporary Protection Order. Since this is granted Ex Parte (Without the opposing party present), a hearing will be scheduled to take place within a few days for a Permanent PFA. The papers will be served on the party against whom the PFA is requested and he will have the opportunity to defend. If, after the hearing, the Judge decides in favor of the individual requesting the PFA, the Judge will enter an Order for a Permanent PFA. By "Permanent" PFA the Court means that the PFA will remain in effect for between 6 to 12 months. If the PFA is violated, the individaula can be held in Contempt of Court and the Judge has the power and the authority to give him jail time for the violation,
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Can I get clarification? I received a 24 hour emergency PFA. Is that issued by a magistrate? And if so, then how could Donna Jo McDaniel issue the emergency 24 hour EPFA? Since I learned she was not only not a magistrate, but was voted above that to some board or something...
Both a Temporary Protection from Abuse and a Permanent Protection from Abuse are issued by a Judge in the Court of Common Pleas. A Temporary PFA is issued Ex Parte (without the other party present) in order to maintain the status quo. A Permanent PFA is issued only after a hearing where the other party has the opportunity to tell their side of the story and why it should not be issued,
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