Protection From Abuse

Do I need an attorney?
​You have the right to file a PFA petition on your own but it is strongly recommended that you take advantage of the legal advocates available in the PFA Office to assist with the filing of a petition. After court hours assistance is provided by 911 for emergency petitions or by contacting Domestic Violence Service of Southwestern PA at 724-223-9190 (24/7) or 1-800-791-4000.

It is not required to have an attorney, however attorney services are available at no cost to you.
​To get an attorney for your PFA you must contact:

​Southwest Pennsylvania Legal Aid
​10 West Cherry Avenue
​Washington, PA 15301
Phone: 724-225-6170
Fax: 724-250-1078
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​Additional legal assistance may be available through Washington County Bar Association.
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​Washington County Bar Association
119 South College Street
​Washington, PA 15301
​Email: wcba@washcobar.org
​Phone: 724-225-6710
​Fax: 724-225-8345
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What to expect in the legal process in Washington County:
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​Day of the petition: Petitions are filed in the courthouse with the assistance of legal advocates in the PFA Office.
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​The PFA Coordinator who works for the Court Administrator then reviews the petition, asks any follow up questions necessary and then presents the petition to the assigned Common Pleas judge’s staff.
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​The judge will then adjust their schedule to have a brief ex parte (one sided) hearing to hear from the petitioner about why they need a PFA. The judge will decide what relief, if any, the petitioner will receive at this point.
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*FIREARMS-It is important to clearly state if firearms were used or threatened to be used and if the requested relief should include taking of firearms pending the final PFA hearing.  If you are requesting that firearms be removed, you should provide as much detail about the number of and types of firearms and other weapons the defendant has access to.  If you know where those weapons are kept or where they might be stored, include that information as well.  If the defendant has a permit to carry a concealed weapon, this is important to include in your petition. 
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​It is also very important to provide as much detail about the defendant as possible from physical description to how they might react to who they might be with and where they might like to work, hangouts, friends' and family homes.  It will help the deputies find them, so they can be served with the PFA and know to stop contacting you.
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​If the judge grants the temporary order the petitioner will be given copies, the Washington County Sheriff will be given copies and the court will retain original copies of the temporary order. Most importantly, a hearing to determine if a FINAL PFA order will be entered is scheduled at this time. The hearing date will be no more than 10 days in the future.
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​The 10 days prior to final hearing
​This is the time period when the Washington County Sheriff’s office attempts to serve the temporary PFA to notify the defendant. If the sheriff’s office has not been able to locate the Defendant any adult other than the petitioner can serve the Defendant.
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​ Once the Defendant has been served notice of the temporary PFA, they are obligated to follow all restrictions on contact outlined in the temporary order. Or they may be subject to criminal charge for violation of the order, known as Indirect Criminal Contempt.  If firearms are to be surrendered as part of the order, they will be given 24 hours to surrender them to the Sheriff's office or other appropriate facilities authorized by law.
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​During this time period, it is important for the petitioner to seek legal representation for the day of the hearing. Legal Representation is available at no charge to the petitioner without regard to income from Southwest Pennsylvania Legal Aid. They will help with preparing you for the PFA petition that is scheduled when the temporary order is granted.  They can also help with other issues you may be experiencing or refer you to an agency specializing in that type of help. They can be reached at:
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​Southwest Pennsylvania Legal Aid
​10 West Cherry Avenue
​Washington, PA 15301
​Phone: 724-225-6170
​Fax:  724-250-1078
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​Day of the Final PFA hearing
​All PFA final order hearings are scheduled at the same time for the assigned Common Pleas judge. Parties should plan to arrive prior to the scheduled hearing time and to remain until all petitions have been presented to the judge. Court appropriate attire and behavior is expected.
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​ It is expected that parties, through their attorneys and with the assistance of the PFA coordinator, will attempt to reach a settlement prior to their case being called before the judge.
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​On the day of the hearing, you will be expected to being photos, printed messages, medical reports, police reports, witnesses and any other evidence that will help the judge understand why you need a final PFA order.
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At no point should a Defendant have contact with the petitioner while the PFA is in effect, this is a violation of the temporary order and will result in criminal charges.
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​ Deputy sheriffs are present at both entrances to the courthouse and should be present in the hall and courtroom the day of the hearing. If there is a safety concern on the day of the hearing please alert deputies so that they may assist.
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​Children should not be present at the hearing unless they are expected to participate in the hearing. Please make arrangements for child care while in the courtroom as children should not be present unless they are needed to provide testimony.
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​Outcomes from the hearing
​Parties may reach negotiated settlements at the hearing with the assistance of their attorneys and/or the PFA Coordinator. They may be asked to go on the record in the courtroom with the judge to make certain that the agreement is fully understood.
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​Parties may also provide testimony and evidence related to the petition and the requested relief in a record hearing with the judge.
​This is a civil matter and there is no jury. The judge will decide if the petitioner has presented enough information that a preponderance of evidence (more likely than not or 51% likely) shows that a PFA order should be granted to prevent future abuse.  If the judge finds this, then the judge may grant requested relief and any other relief available under the law for a period of up to 3 years. The judge may also choose to limit the relief granted. .
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​Parties may leave the courthouse with copies of the agreed upon orders or may receive the final order after the hearing by mail. If the order is to be received by mail, the temporary order remains in place until the new order is received.
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Final orders may be granted for any time period up to 3 years. Final orders may also be extended after hearings for violations of the order or after a petition and hearing has been filed during the last 6 months of the existing order.
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​Other possible outcomes are that the defendant and sometimes the plaintiff requests that the hearing be re-scheduled, or continued to a future date.  Even if both the petitioner and the defendant agree, the judge can deny the request.
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​Firearms & PFA’s
​It is important to clearly state if firearms were used or threatened to be used and if the requested relief should include taking of firearms pending the final PFA hearing.
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​If it is ordered that firearms be relinquished, the defendant or their agent must surrender the firearms to the Sheriff’s office or a registered firearms dealer/storage facility.
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​ Defendants with either a temporary or final PFA, will not be able to legally purchase firearms while the PFA is in effect.
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​Violations of a PFA Order
​Once a defendant has been served either by law enforcement or by another person legally competent to serve them (any adult other than the petitioner), the defendant is obligated to follow the directives of the court order for as long as it is in effect.
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​If the defendant fails to follow the order, the petitioner should contact the police and let them know what has occurred.  You should be as descriptive as possible and provide all requested information to the police.  If the defendant violated the order, then they can be charged with an ungraded misdemeanor of Indirect Criminal Contempt (ICC).  If the contact also was criminal in its own right, such as terroristic threats or assault, those criminal charges can also be filed.
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​The ICC charge can result in a fine, up to 6 months incarceration, extension of the PFA, and any other relief the judge orders that is proper under the law.