How To Get A Restraining Order In Pennsylvania

Restraining orders are called protection orders in Pennsylvania. They are legal directives issued by courts to prevent an individual from contacting or approaching another. These orders are governed by 23 Pa.C.S. § 6101 and 42 Pa. C.S. §§ 62A01–62A20. They are designed to provide immediate and extended protection for victims who are under threat of further abuse or intimidation.

Protective orders in Pennsylvania can prohibit the defendant from having any form of contact with the petitioner, evict defendants from living premises, require the surrender of firearms, or grant temporary custody of minor children. Protection order violations are considered criminal offenses and can result in arrests, fines, and imprisonment.

Authorized parties can search Pennsylvania civil court records for details regarding protection from abuse (PFA) petitions, issuances, and hearings.

Types Of Restraining Orders in Pennsylvania

The following are the types of protection orders in Pennsylvania:

• Protection from Abuse Order (PFA): Is filed to protect victims who have been physically assaulted, sexually abused, threatened, or stalked by a family member or intimate (including dating) partner. It does not protect people with relationships other than the ones mentioned.
• Sexual Violence Protection Order (SVPO): Is available to sexual abuse victims whose offenders are not intimate partners or household members. Unlike PFA orders, SVPOs can apply to strangers, friends, coworkers, and neighbors who still pose risks to victims.
• Protection from Intimidation Order (PFIO): Is designed to protect minors from stalking and harassment by adults (people who are 18 or older). Children need parents, guardians, or household members to file this type of protection order on their behalf.

At the same time, protection orders are categorized according to how long they last and the kind of relief they grant. These categories include:

• Emergency protection orders
• Temporary protection orders
• Final protection orders

Are Restraining Orders Public Record In Pennsylvania?

Yes. Protection orders are part of the court records considered public information under the Pennsylvania Right-To-Know Law and 204 Pa. Code § 213.81(3.0). However, certain information may be sealed pursuant to court order, court rule, state statute, or federal law. For example, courts can grant an individual's motion to conceal certain records from the public view, provided they meet requirements in 23 Pa.C.S § 6108.7.

Additionally, the statewide PFA registry established under 23 Pa.C.S. § 6105(e) is not subject to the Commonwealth's Right-To-Know Law. When access is restricted, only authorized entities, such as law enforcement, courts, and case parties, can review or obtain information about protective orders.

How To Look Up Restraining Orders In Pennsylvania

As mentioned, Pennsylvania's PFA Database is only accessible to law enforcement agencies, courts, and other legally authorized parties. However, since PFA orders are civil records, one can use the methods provided for viewing and obtaining civil case records to access these court documents.

A person can approach the court that issued the order to review the case files. A review can be made by visiting the clerk's office to request physical copies of case records. This method allows members of the public to also inspect and order copies of case-related documents, such as complaints and judgments, provided they are not sealed by court order.

Can You Look Up A Restraining Order Online?

Yes. Using online resources provided by a county court is another way to view details of protective orders. For example, one can find details of protective order case proceedings in Butler County using the Butler County online case information system. The portal allows anyone to search for civil records by name and view documents, such as judgments, orders, and complaints, at no cost.

How To File A Restraining Order In Pennsylvania

The first step in filing a Pennsylvania protection order is completing the correct type of petition at the local courthouse. PFA petitions are filed with the Court of Common Pleas. Clerks can assist individuals in filling out the paperwork but cannot offer legal advice.

It should be noted that magisterial district judges can issue emergency protection orders when the local Court of Common Pleas is no longer in session. These orders usually last a day until the higher court opens the next day. Emergency orders command the defendant to stop contacting the victim (petitioner), leave the victim's home, or stop abusing the victim. Violating these orders may lead to criminal charges.

When filling out a protection order application at the Court of Common Pleas, the victim must indicate why they are requesting the order, their relationship with the defendant, the defendant's livelihood, the abuse they have suffered, and the type of protections they need.

The petitioner will meet a Court of Common Pleas judge on the day of filing for their first hearing, called a temporary order hearing. During this process, the judge will review the application and ask questions to determine whether to grant an emergency protection order against the defendant.

Regardless of whether the judge grants the temporary order, another hearing date will be set within 10 business days. If the temporary order is granted, it provides relief to the victim until the date of the final hearing. Temporary protection orders can provide the following:

• Defendant's removal from the victim's home
• No abuse
• No contact
• Custody in favor of the petitioner
• Defendant's loss of weapons privileges
• No stalking

The relevant county sheriff's office will serve the defendant a copy of the petition, the temporary protection order (if granted), and a notice of the final hearing.

The final hearing allows the petitioner and defendant to present evidence and arguments before the judge. Attorneys can represent both parties. In some situations, both parties may agree on the terms of an order and submit it before a judge. This submission is called a PFA by consent agreement, which allows defendants to seal case proceedings from public access.

If an agreement is not reached, the judge will listen to arguments and testimony from both sides and review submitted evidence. After the review, the judge will dismiss or grant the final order. Final protection orders can provide the following relief:

• No abuse
• No stalking
• No contact
• Defendant's loss of weapons license
• Removal of the defendant from the petitioner's home
• Custody in favor of the petitioner
• Other relief, such as prohibiting the defendant from visiting the victim's place of employment and school, making the victim's new address confidential, or ordering the defendant to offer alternate housing to the plaintiff

Can You File A Restraining Order For No Reason In Pennsylvania?

No. Petitioners must provide factual statements and sufficient evidence to establish the urgency and legitimacy of their restraining order requests. Judges can deny petitions that lack the elements required by Pennsylvania's laws, such as 23 Pa. C.S. § 6107 and 42 Pa. C.S. §§ 62A01–62A20. Requests can also be denied if submissions do not meet the burden of proof required to restrict a defendant's movement, firearms license, or custody privileges.

According to 23 Pa. C.S. § 6106 (a.1), anyone who provides false reports to accuse someone else wrongfully is guilty of a second-degree misdemeanor. This crime is punishable with fines ranging from $500 to $5,000, up to two years in jail, or both.

What Proof Do You Need For A Restraining Order In Pennsylvania?

23 Pa. C.S. § 6107 (a) establishes that the legal standard for proving abuse in PFA cases is a "preponderance of the evidence". That is, plaintiffs must submit evidence that convinces presiding judges that the abuse likely occurred.

The following can be submitted to support a petitioner's claims:

• Criminal convictions, especially for domestic violence
• Previous protection orders against the defendant
• Medical reports
• Physical records of bodily injury
• Eyewitness reports and testimony
• Video and audio recordings

How Long Does It Take To Get A Restraining Order In Pennsylvania?

Emergency restraining orders from municipal and magistrate courts are usually granted on the same day and last until the Court of Common Pleas's next session. When individuals submit petitions to the Court of Common Pleas and request temporary protection orders, the court will preside over an ex parte hearing and can grant the temporary order on the same day.

Per the PFA Act, final hearings are scheduled within 10 days after a temporary protection order hearing.

How Long Does A Restraining Order Last In Pennsylvania?

The following are durations for different protection orders in Pennsylvania:

• Emergency orders granted by magisterial district judges: One day
• Temporary protection orders issued by Courts of Common Pleas: Up to 10 days
• Final protection orders issued by Courts of Common Pleas: Up to 3 years

How Much Does A Restraining Order Cost in Pennsylvania?

According to 23 Pa. C.S. § 6106 (b), petitioners and victims are prohibited from covering any court costs relating to protection orders. These costs include filing, certification, and judgment surcharge fees. However, the court will levy the costs on the defendant if the protection order is granted.

The total cost depends on the county where the petition is filed. Be that as it may, a $100 judgment surcharge will be levied on the defendant per 23 Pa. C.S. § 6106 (d).

Can You Cancel A Restraining Order In Pennsylvania?

Yes. 23 Pa. C.S. § 6117 allows defendants to file modification petitions with the court to establish that a petition for protection was submitted in bad faith. Upon ruling in favor of the defendant, the court will cancel the order and award financial damages.