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Andrea, Esq.
Andrea, Esq., Attorney
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Need to understand PFA process in Allegheny County - evidence,

Resolved Question:

Need to understand PFA process in Allegheny County - evidence, witnesses, consent agreements, etc???
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX I 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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ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11877
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

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...

Expert:  Andrea, Esq. replied 1 year ago.

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,

 

_____________________________________________________________________________

 

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

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Andrea, Esq.
Andrea, Esq.
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25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.