Protection From Abuse (PFA)

• Attempted to cause or intentionally, knowingly or recklessly caused bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon;
• Places you in reasonable fear of imminent serious bodily injury;
• Inflicted of false imprisonment pursuant to 18 Pa.C.S. §2903 (relating to False imprisonment);
• Physically or sexually abused minor children, including such terms as defined in Chapter 63 (relating to Child protective services)
• Knowingly engaged in a course of conduct or repeatedly committing acts toward you, including following you, without proper authority, under circumstances which placed you in reasonable fear of bodily injury.

You may file for a PFA Order on the child’s behalf. However, note that you are also protected under a PFA Order as well as the minor child. There are also other agencies that can assist you with situations such as this. If the abuse involves a minor child, Children & Youth Services should be contacted. You may contact the Snyder County Children & Youth Services at 570-374-4570.

It depends what type of abuse is alleged. If the abuse is not severe and does not involve the children whatsoever, the Judge may order that both you and the other person continue to exchange custody of the children through a third party. This is at the discretion of the Judge.

A PFA Order can last up to three years. The length of the PFA is determined by the Judge who presides over the Protection From Abuse action. If there has been a violation of the PFA Order by the defendant, the PFA Order can be extended for an additional three years.

It is basically the same as a Final PFA Order, however, the Temporary PFA Order is what is issued by the Judge before a hearing is held with the defendant being present. Typically, the Temporary PFA Order is valid until the date of the PFA hearing unless so ordered otherwise by the Judge. Upon completion of a hearing in front of a Judge, a Final PFA Order could be issued.

Often times, notice of the PFA Order will be given to a defendant via telephone due to the defendant being unavailable for personal/physical service of the Order. This is called “actual notice” (Ref. 23 PaCS §6106(g)). Pursuant to Commonwealth v. Padilla (885 A.2d 994), a telephone conversation between a defendant and a law enforcement officer where the officer notifies him/her of the PFA Order, the conditions of the Order, and the consequences of violating the Order constitutes actual notice despite the fact that personal service is not affected.

You have a few options. If the violation is a matter of emergency, you may dial 911 and ask for police assistance. An emergency would be defined as an immediate threat to your safety or well-being. If the matter is not an emergency, you may visit the police department which has jurisdiction over the municipality where the alleged violation occurred or the Sheriff’s Office of the County where the PFA was issued or the Sheriff’s Office of the County where the alleged violation occurred. Most likely you will be asked to report to the law enforcement agency and complete a written statement as to the facts of the alleged violation. Depending on the violation, a warrant may be issued for the person who committed the alleged violation.

It is possible. Depending on the severity of the alleged abuse, the Judge may order that the defendant relinquish his or her firearms and/or any other weapons to a Sheriff’s Office, a municipal police department or the Pennsylvania State Police. If the defendant cannot relinquish his or her firearms immediately, he or she has 24 hours to do so. Once the firearms are surrendered, the law enforcement agency receiving them places the weapons in its secured evidence room. The firearms will remain there until otherwise ordered by the Judge.

If you are the defendant and would like a third party to safeguard your firearms for you for the duration of the PFA Order, you and the third party would need to apply for a Safekeeping Permit with the Sheriff’s Office of the county where the PFA Order was issued. However, the only approved third parties are either the defendant’s attorney or a licensed firearms dealer. These are the only two third parties permitted to obtain a Safekeeping Permit for a defendant’s firearms in a PFA action.

NOTE: If you already have surrendered your firearms to a law enforcement agency pursuant to a Temporary PFA Order, it is not possible to obtain a Safekeeping Permit until the issuance of a Final PFA Order. Upon issuance of a Final PFA Order, you must obtain a Safekeeping Permit within 24 hours of issuance. Otherwise, you cannot obtain a Safekeeping Permit.

Safekeeping Permits may only be obtained within the first 24 hours after the defendant has been given actual notice of the PFA Order. The defendant and the third party that is to retain the firearms for the defendant must report to the Sheriff’s Office in the county where the PFA Order was issued. They must each complete their portions of the   Affidavit of Safekeeping Permit for Relinquishment of Firearms and have their signatures notarized. The defendant must list all of the firearms, their descriptions and serial numbers on the application as well. The Sheriff’s Office will then conduct a background check on the third party. If approved, the firearms must be transferred to the third party before the original 24-hour time period lapses. The third party is then required to complete a    Receipt of Weapons By Third Party Affidavit form. The defendant must return the signed receipt to the Sheriff’s Office within 24 hours of the issuance of the Safekeeping Permit.

NOTE: The defendant and third party may not be members of the same household. If the defendant is arrested for a violation of the PFA Order, the Sheriff will revoke the Safekeeping Permit and take possession of the defendant’s firearms from the third party.
(Ref. 23 PaCS §6108.3)

You must report to the Sheriff’s Office or other law enforcement agency which is in possession of your firearms and have a background check conducted. Once the check determines you are legally permitted to possess firearms, your firearms will be returned to you.

You and the third party must report to the Sheriff’s Office which issued the Safekeeping Permit and return the Safekeeping Permit. Before the firearms are to be returned to you, the Sheriff’s Office will have a background check conducted. Once the check determines you are legally permitted to possess firearms, the third party may return your firearms to you.