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Steps
to Obtain a Temporary Protection From Abuse Order |
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If
you believe that you have been the victim of abuse and want
to petition the Court of Common Pleas for a Protection From
Abuse order, you should report to the Court Administrator’s
office, located on the second floor of the Courthouse, between
8:30 a.m. and 9:00 a.m., Monday through Friday. |
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If
you need to obtain an emergency order during the night, weekend
or holiday hours, call the Beaver County Emergency Services
Center (911) for the District Justice on duty. The District
Justice will be notified of the situation. You will then have
to go to his or her office to receive an Emergency Order.
An Emergency Order is only in effect until the next regular
business day of the Court. If you need to extend the protection
granted by the Emergency Order, you then must come to the
Courthouse and file for a Temporary Order. |
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The process of preparing a legal document and having the
Court review it is time consuming: be prepared to spend
at least one and a half to two hours at the Courthouse.
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Come prepared with information which will help locate
the Defendant: his address, date of birth, social security
number, where he works.
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Court
personnel will then provide you with of all of the forms as
well as the clerical (but not legal) assistance necessary
to help you petition the Court on your own behalf and / or
on behalf of your minor children. Additionally, an advocate
from the Women’s Center of Beaver County is usually
on hand to guide petitioners through the process and to answer
questions about domestic violence. |
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Filling
Out Forms |
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You
will be provided with an Intake
Form, which will ask for information in order to aid
the data entry clerk in preparing your petition. You will
need to describe the incident(s) or act(s) of abuse from
which you are seeking protection. The Court reviews the
description of the alleged abusive incident or series
of incidents to determine whether it is appropriate to
enter a Temporary Protection From Abuse order.
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- The
Service Information sheet requires you to provide information
about the Defendant in order to help the Sheriff’s
department serve him / her with the Petition and Temporary
Order. The Defendant must be served in order to have notice
of the allegations made by the petition and to be made aware
of the hearing date, where a Defendant has an opportunity
to present a defense.
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The
Intake Form and the Service Information Sheet are available
on this website to download and complete prior to coming to
the Courthouse. |
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Interview
and Review of Petition: |
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After completing these forms you will be interviewed by
a Judicial Law Clerk, who will review all of your paper
work to ensure all necessary information has been obtained.
This occurs after the data entry clerk enters the information
into a computer and prints out all the necessary paperwork.
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- A
Judge will then review your Petition to determine whether
the incident which you described meets the criteria for
entering a Temporary Order under the Protection From Abuse
Act. At this stage of the proceedings, the Judge is only
permitted to give you a Temporary Order. A Final Order
cannot be entered until the Defendant has been given an
opportunity to appear and be heard.
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Granting
of a Temporary Order: |
1. |
The
Temporary Protection Order will be in effect for approximately
ten (10) days. When a Temporary Order is issued, a hearing
is scheduled to determine at that time whether a Final Order
will be entered. This is an opportunity for the Defendant
to either consent to a final order or contest the entry of
a final order. A Final Order can last for up to 18 months,
but can be shorter in duration. |
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2. |
Once
a Temporary Order is signed by the judge, the original Petition
and Order must be filed at the Prothonotary's office. All
necessary copies will be made for you in this office. You
will be given a certified copy of the order to keep and any
other copies you may need to give to your local police department. |
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3. |
A
copy of the petition and order, along with the Service Information
Sheet will be brought to the Sheriff’s Department. The
Sheriff will then send a deputy to serve the Defendant with
the Petition and Order and carry out any other instructions
contained in the order. |
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4. |
You
should leave the Courthouse with copies of the following paperwork: |
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Temporary Protection Order: This Order will include the
date for a hearing to determine whether a Final Order
will be entered.
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- Copies
of all other important information, including the Petition.
This should be given the attorney who will represent you
at the final hearing as soon as possible.
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It
is your responsibility to give certified copies of the Temporary
Protection Order to all appropriate law enforcement agencies,
such as the police department in the municipality where you
are residing and / or where you work. This gives the police
notice that there is an Order entered against the Defendant
directing him or her not to have contact with you. |
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Denial
of a Temporary Order |
In the event that after the Court of Common Pleas reviews
your petition and denies you the relief that you are seeking,
you have the right to appeal. You should contact an attorney
to advise you on whether you should appeal the Court’s
ruling. |
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Preparing
for the Final Hearing |
1. |
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If you do not already have an attorney, it is important that
you obtain one before the next hearing. You can contact the
Beaver County Bar Association Lawyer Referral Service at (724)
728-4888. If you cannot afford an attorney, contact Neighborhood
Legal Services Association at (724) 378-0595. You should call
for an appointment the same day you receive your Temporary
Order. |
2. |
At
the next Court hearing, a Final Order may be entered after
a hearing if the judge finds that you have met the burden
of proof on the allegations of abuse. A Final Order can also
be entered without a hearing if the parties can agree upon
the conditions to be contained in the Order. This Final Order
can be in effect for up to 18 months. |
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After
the Final Hearing: The Granting or Denial of a Final Order |
1. |
If
the Court issues a Final Protection Order, either after a
hearing or if the Defendant agrees to have an order entered
against him / her, you should leave the Courthouse with a
certified copy of the Final Order as well as a copy for any
local law enforcement agency which needs to be notified. |
2. |
If
after a hearing the Court does not enter a Final Protection
Order, the Temporary Order is no longer in effect. You have
the right to appeal the Court’s decision. Your appeal
rights and the time for filing an appeal should be discussed
with your attorney who will advise you on how to proceed. |
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Failure
to Appear |
1. |
If
the Defendant fails to appear for the hearing after being
served and having the opportunity to appear, then the Court
will enter a Final Order against the Defendant. |
2. |
If
you (the petitioner) fail to appear for the final hearing
without notifying the Court and asking for a continuance,
your petition will be dismissed and the Temporary Order is
no longer in effect. |
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Violation
of a Protection From Abuse Order |
If
the Order is granted in your case and the defendant violates
the Order, you should notify your local police department.
You also have the ability to file a private complaint if you
believe the order has been violated. |
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A
hearing will be conducted to determine if there has been a
violation of the court order. If the order has been violated,
the Court of Common Pleas of Beaver County may hold the defendant
in Indirect Criminal Contempt and punish him / her in accordance
with the law. Being found in contempt may result in a jail
sentence for up to six (6) months and/or a fine not to exceed
$1,000 and may include other relief set forth in the Protection
From Abuse Act. |
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Other
Help |
If
you need emergency counseling or shelter, you may contact
the Women’s Center of Beaver County by calling its 24
hour hotline at (724) 775-0131. |
| Click
Here for a Glossary of PFA Terms |
