Understanding Protection from Abuse (PFA) Orders vs. Protection from Sexual Violence or Intimidation (PSVI) Orders in PA
If you are experiencing abuse, harassment, or threats in Pennsylvania (PA), you should know that there are legal protections available. Two vital options under Pennsylvania law are the Protection from Abuse (PFA) Order and the Protection from Sexual Violence or Intimidation (PSVI) Order. Both orders aim to protect victims, but they apply in different situations. Generally, whether a person can apply for a PFA or PSVI depends on their relationship with the offender and the type of harm involved. Below, we explain how PFA and PSVI orders work in Pennsylvania, who qualifies, how to apply, and what to expect when you apply for one.
Understanding Protection From Abuse Orders
A Protection from Abuse (PFA) Order, also referred to as a restraining order, is designed to protect victims of domestic abuse. According to 23 Pa. C.S. § 6101 et seq., a person is eligible to apply for a PFA if a family or household member, current or former intimate/sexual partner, or co-parent has domestically abused them.
According to Pennsylvania law, domestic abuse includes acts such as:
- Physically harming or trying to cause bodily harm
- Causing someone to be afraid of immediate serious bodily harm
- Sexual assault or forced sexual contact
- Stalking or repeated threats that cause fear
A PFA Order can do the following;
- Prohibit abusive conduct
- Remove the abuser from your house
- Prohibit the abuser from coming near your home, workplace, or school
- Provide temporary support or child custody
- Order anything else the judge deems appropriate
Understanding Protection From Sexual Violence or Intimidation Orders
Suppose the individual harming you is not in any of the categories mentioned in the previous section. For example, suppose the offender may be your employer, colleague, neighbor, or a stranger. In such a case, you can seek a Protection from Sexual Violence or Intimidation (PSVI) Order. This order, which is governed by 42 Pa. C.S. § 62A01 et seq., specifically protects individuals who have been victimized by non-family members or even complete strangers.
You can file for a Sexual Violence Protective Order (SVPO) if a person who is not a family or household member, current or former intimate partner, or co-parent has committed sexual violence against you. However, only minors under the age of 18 who are victims of intimidation by an adult above the age of 18 can seek the Protection from Intimidation (PFI) Order.
A PSVI order can do several things, including;
- Requiring the offender to stop contact and communication
- Ordering the offender to stay away from your home, school, or workplace
- Ordering the offender to avoid any actions that put you in fear
Applying for a PFA or PSVI
To get a PFA or PSVI, you need to file a petition in the Court of Common Pleas. After filing your petition, a judge may issue a temporary order on the same day, depending on your situation. A final hearing will then be scheduled within 10 business days.
Indirect Criminal Contempt
Once you obtain a PFA or PSVI Order against a named Defendant, it protects you against future contact from the Defendant. If the Defendant violates the terms of your protective Order, then you can file a Petition for Indirect Criminal Contempt (“ICC”). If the Court finds that a defendant has intentionally violated the terms of your protective Order, then the Court may issue a fine, order a defendant to be placed under Probation, or issue a jail sentence depending on the nature of the violation.
The Importance of Legal Help
Navigating the process of seeking a PFA or PSVI can be a stressful experience. An experienced attorney can help you collect evidence, prepare and file your petition, and prepare for your hearing. An attorney can ensure the order fully addresses your safety needs.
Contact Us for Help
If you are in danger and unsure which order applies to you, contact our Lehighton attorney, Adam R. Weaver Esq., today for guidance, who has extensive experience representing Carbon County clients in seeking a PFA or PSVI Orders.
