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Showing posts with the label PFA

July 1st Brings Changes to Restraining Orders in PA

Prior to today, July 1st, the only people who could be granted restraining orders in Pennsylvania were those who qualified for a Protection From Abuse (PFA) Order.  One of the qualifications is that the parties must be related by blood or marriage or have had a dating or intimate relationship.  Thankfully, this has changed!  PA's legislature realized the loopholes this created for victims of crime and has passed the PSVI Act , which allows for victims of sexual violence or intimidation to receive restraining orders, Sexual Violence Protection Orders (SVPOs) or Protection from Intimidation Orders (PFIs). Sexual Violence Protection Orders will be available to anyone who has been a victim of sexual violence but is not related to the person according to the PFA requirements.  Protection from Intimidation Orders will be available to minor children who are being harassed or stalked by an adult.  PCADV has created some great information which I encourage you to read....

PFA's for Sexual Assault Victims Might Be a Possibility

As we posted about before , in Pennsylvania, not everyone who is abused can get a PFA.   Currently, they are offered only to people who have suffered abuse at the hands of someone they dated or are related to by blood or marriage.   Unfortunately, people who have been assaulted, even sexually assaulted, by a stranger or acquaintance, cannot obtain a restraining order (PFA) in Pennsylvania.   In the last session of the PA Legislature, a bill was introduced to protect victims of sexual assault from their assailants.   It would have given them the right to file for a PFA and receive protection under a civil law.   At that time, the bill stalled in the Judiciary Committee and was not passed before the conclusion of the session.   Another bill, PA Senate 681 , was introduced and will be considered when the next session begins on June 3, 2013. This bill allows for victims of sexual assault to ask the court to order the assailant not to contact the vic...

How can the legal system help victims of domestic violence?

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When individuals recognize the abuse in their lives, they frequently reach out to others for help. Victims of abuse may appeal to friends, family, doctors, counselors, Children and Youth workers, Transitions, law enforcement, the courts, etc. or any combination thereof for assistance in ending the violence. Transitions regularly receives referrals from these various sources to provide one of our many services–Legal Advocacy. What does a Legal Advocate do? Simply put… ‘Trained staff provide clarification of the legal process and transactions, assist clients in filing Protection From Abuse (PFA) Orders and accompany victims to court hearings’ (Transitions, 2011). In reality legal advocates provide multiple services in addition to explaining legal options, assisting with paperwork and accompanying to hearings. We also talk about the violence, discuss safety planning with victims, and make referrals to other agencies, which can provide services specific to individuals needs e.g....

PFA's Against Corrections Officers

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In our local area, many people are employed at correctional facilities, whether at the county, state or federal level.  Due in part to our rural landscape, we have over ten facilities in the Susquehanna Valley.  The employees of these facilities can be held to different standard because they are considered law enforcement.  It is important for family members and paramours of corrections officers to understand some of the differences. Protection from Abuse orders are civil court matters; they do not become part of a person's criminal record, unless they violate one.  This brings us to PFA's filed against corrections officers .  Someone may hesitate to file a PFA because they believe, or have been told, that the person they are filing against may lose their job.  This is not necessarily true.  Each corrections facility has their own policies and procedures, however both the Department of Corrections (state) and the Bureau of Prisons (f...

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. Th...