Why Can't I get a PFA?

Pennsylvania citizens look to the law for lots of reasons. Most of the time, when people call our hotline, they are exasperated. They have already tried to stop the abuse on their own; they’ve talked to friends, neighbors, colleagues, and sometimes even court personnel looking for answers.

“My roommate flipped out yesterday and came at me!”
“The grandfather of my baby keeps calling me and won’t stop.”
“My neighbor has started harassing me and my children.”
“My rapist moved into my neighborhood and tried to talk to me.”

What can they do? Often, people in the above situations are referred to get a PFA (Protection From Abuse order). These people are met with disappointment. Protection from Abuse orders can only be filed by people who are related by consanguinity (blood) or affinity (marriage), current or former sexual or intimate partners (have or had a dating relationship), persons who share biological parenthood, or current or former spouses or people who lived as spouses. This leaves a great number of people unable to file for relief from abuse. None of the situations above would allow for a Protection from Abuse order, because the relationships do not fall under the PFA act. Even though you may be roommates or neighbors with someone, unless they are a past or former dating partner, you cannot file for a PFA. In recent history, there has an increase in paramours having children, but not getting married. This means that the parents of your paramour may have a legal connection to their grandchild, but they have no legal connection to you, at least in the eyes of the PFA Act.

One of the most disturbing lapses in the Protection from Abuse law is that someone cannot file for protection from their rapist unless they had a past relationship. Pennsylvania lawmakers are trying to change that. Senate Bill 58, which was referred to the Judiciary Committee on May 3, 2011, does just that. It offers protection orders to those who are victims of sexual violence, as defined by the crime codes relating to harassment, sexual offenses, and open lewdness. Sexual violence victim protection orders would allow for no contact with the victim, including third party contact, no stalking or harassment; and “any other appropriate relief requested by the plaintiff.” This act does not allow for eviction, custody, or financial support, as the current PFA act does.


There is another gap in what people think PFA’s do and what relief they can actually provide. In Pennsylvania, there is no distance away that someone has to stay due to a Protection from Abuse order. The relief that can be granted is that the defendant shall not stalk, abuse, threaten or harass the victim, and no contact from the Defendant. The “no contact” provision states that there should be no contact at plaintiff's school, business, or place of employment. If read carefully, this does not say that the person cannot be present at the plaintiff’s school, etc., only that they may not contact the plaintiff. We have been lucky enough in the counties we serve (Northumberland, Snyder, Union) that some judges have prohibited the defendant from the plaintiff’s workplace, especially in cases when the plaintiff often works alone. This type of relief is up to the judge hearing the case, and cannot be relied upon for every case.

Protection from Abuse orders are a useful tool in a victim’s safety plan, but they cannot be the only strategy. Even when PFA’s are granted, they are still only a piece of paper and only as good as the people who can enforce them. Many people who greatly need the protection from abuse cannot currently receive it. If you or someone you know is in a situation where they cannot file for a PFA, please encourage them to call Transitions (Hotline:  1-800-850-7948) and speak to a trained advocate about creating and implementing a safety plan.