Protection from Abuse (PFA)

Domestic Violence can happen to anyone. If you are a victim of abuse let the Family Law Attorney’s at Hynum law assist you through the process. A PFA is a civil order from the Court that provides protection to a victim of abuse, including minor children. It is filed to protect you against abuse from a spouse, intimate partner, family or household member.

What is Abuse?

The Protection from Abuse Act defines abuse as the following:

  • Attempting to cause or causing bodily injury (physical injury), involuntary deviate sexual intercourse, rape, or spousal sexual assault.
  • Being placed in reasonable fear of injury by a physical or verbal threat or menacing gesture.
  • Physical or sexual abuse of a child.
  • Being followed or threatened in a way to place one in reasonable fear of bodily injury.

Who may file a PFA?

An individual who is a victim of abuse my file for a PFA against intimate partners or family members. Examples of these types of relationships include: parents and children, persons related by blood or marriage, including siblings, spouses or ex-spouses, persons who have lived together as spouses, current or former sexual or intimate partners, and same sex couples.  

How do I get a PFA?

The process for obtaining a PFA varies between the counties. That is why it is essential to obtain an attorney who is knowledgeable on this type of law. Normally, the PFA is applied for through the Domestic Violence or Bail Administration office in the County. A Judge will either grant a temporary order and grant a hearing within 10 days or deny your request for a PFA and schedule a hearing within 10 days.  The defendant will be served with notice of the Temporary PFA and hearing. At the 10 day hearing you will be asked to testify to the matters alleged in your Petition for a PFA before the Judge grants a final PFA order.  The defendant will also have an opportunity to testify at this hearing. A final PFA may be effective for up to 36 months.

What may be requested for in a PFA?

There are a number of items that may be granted by the court in your PFA including: requesting the abuser to stop the threatening, abusing, harassing or stalking actions, eviction of the abuser from your joint home or residence, granting you temporary custody of your minor children, prohibiting the abuser from contact at work or school, requesting the abuser to turnover any weapons to the sheriff, and any other relief the judge deems appropriate, including child and spousal support.

What if I want to withdraw my PFA?

If a final PFA has been entered, the Court may require all fee’s to be paid to the Court before a PFA will be withdrawn.  An additional hearing may be required as well in front of the Judge before the PFA can be withdrawn.