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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28319
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My question is; i was served with a pfa from an

Customer Question

my question is; i was served with a pfa from an x-girlfriend-----it has been only three weeks since the breakup-----there has been no violence or anything like that----but there has been texts and some calls-----some angry messages---but no threats-----we had a first meeting with a judge and she claimed she has no faith in her local police and has fear that something would happen----but never did.....i was asked to sign off---as they say..,but was issues 6 mos temporary-----the only problem i have is that i am trying to switch jobs and this may hurt me with potential employers.....i think the 6 mos was harsh and is there anything i can do to protest it
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. As you are aware, a protection from abuse order is a civil order that provides protection from harm by family or household members, sexual or intimate partners or persons who you have a child in common with. For it to be placed in effect, there needs to be evidence of abuse.

Abuse is the occurrence of one or more of the following acts between family or household members:

  1. Attempting to cause or causing (with or without a deadly weapon):
      • Bodily injury or serious bodily injury;
      • Rape;
      • Involuntary deviate sexual intercourse (oral sex, anal sex, vaginal or anal penetration with a foreign object performed under force or the threat of force, or while unconscious);*
      • Aggravated indecent assault (vaginal or anal penetration with a finger or other body part under force or threat of force, or while unconscious);
      • Indecent assault (touching a person’s intimate parts for the purposes of arousal without consent, under force or threat of force, or while the person is unconscious);
  1. Placing another in reasonable fear of immediate serious bodily injury;
  2. False imprisonment;
  3. Physical or sexual abuse of a child; or
  4. Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, under circumstances which place the person in reasonable fear of bodily injury.

Now, if none of this was present, then you could ask for a rehearing or even appeal the decision of the Judge, if there was no basis to support it. The Judge should have reviewed the text messages and taken testimony, to see if this harm or fear/threat exists. If not, then the Judge may have made a mistake.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!