A Protection From Abuse order, called a PFA, is a civil court order that keeps an abuser away. It can be obtained in a day, it is free to file, and violating it is a crime. It can also take away someone’s home, children and firearms on the strength of a single hearing. Kevin Burke Law represents both plaintiffs who need protection and defendants who have been served with a PFA petition, across Northwestern Pennsylvania.

Who can get a PFA

A PFA is available against a family or household member: a current or former spouse, someone you live with or lived with as a spouse, a parent or child, other relatives by blood or marriage, a current or former sexual or intimate partner, or the other parent of your child. An adult can file for themselves or for their minor children, and a parent or adult household member can file for a child.

For abuse by someone who is not a family or household member, such as a coworker or an acquaintance, Pennsylvania has separate Sexual Violence Protection Orders and, for minors, Protection From Intimidation orders, which work in a similar way.

What counts as abuse

The law defines abuse as any of the following between family or household members:

• Causing or trying to cause bodily injury, or committing rape or another sexual offense, with or without a weapon
• Placing someone in reasonable fear of imminent serious bodily injury
• False imprisonment
• Physically or sexually abusing minor children

Threats and fear count. A plaintiff does not have to wait to be hit.

How a PFA case works

1. The petition. The petition is filed at the Court of Common Pleas. No filing fee or service cost can be charged to the person seeking protection. Many courthouses have an advocate who helps with the forms.
2. The temporary order. If the judge finds an immediate and present danger, the court enters a temporary order the same day without the defendant present. It can order the defendant to stay away and have no contact, give the plaintiff possession of the home, and require the defendant to give up firearms. The temporary order is served on the defendant by the sheriff or police.
3. Nights and weekends. When the court is closed, a petition can be filed with the on-call magisterial district judge, who can grant an emergency order that lasts until the end of the next business day the court is open. The plaintiff then goes to the Court of Common Pleas for a temporary order.
4. The final hearing. A hearing must be held within ten business days after the petition is filed. The plaintiff has to prove the abuse by a preponderance of the evidence, which means more likely than not. The defendant has the right to appear, to be represented, to cross-examine, and to present evidence. Many cases end in an agreed order, often entered without the defendant admitting the allegations.
5. The final order. A final PFA lasts for a fixed period of up to three years, and the plaintiff can ask to extend it before it expires.

What a PFA order can do

The court’s order can:

• Order the defendant not to abuse, stalk, harass, threaten or contact the plaintiff or the children
• Evict the defendant from the home, even one the defendant owns or rents, and give the plaintiff exclusive possession
• Award temporary custody of the children and set the terms of any visits, including supervised visits or no contact
• Order the defendant to pay support and keep health insurance for the plaintiff and children
• Prohibit the defendant from having firearms and require them to be turned over within 24 hours of service of a temporary order or entry of a final order
• Order the defendant to pay the plaintiff’s losses, such as medical bills, moving expenses, counseling and lost earnings

A PFA is enforceable anywhere in Pennsylvania and, under federal law, in every other state.

What a violation means

Violating a PFA is indirect criminal contempt. The police can arrest a defendant on the spot for a violation, and the penalty is a fine of $300 to $1,000 and up to six months in jail, or probation of up to six months. The underlying conduct, such as an assault or a threat, can also be charged as a separate crime. Only the defendant can violate the order: an invitation from the plaintiff is not a defense.

If you have been served with a PFA

A PFA is a civil case, but its consequences are not small. A final order can keep you out of your home, limit or end your time with your children, require you to surrender your firearms, and make it a crime to send a text message. Under federal law, a person subject to a qualifying protection order cannot possess a firearm at all. The final hearing, usually within ten business days, is your one chance to contest the allegations, and anything you say at the hearing can be used in a criminal case. Do not contact the plaintiff for any reason while a temporary order is in place, even if they contact you first.

Changing or ending an order

Either party can ask the court to modify a PFA while it is in effect. A plaintiff can ask to extend a final order before it expires, or to withdraw it. A defendant can ask to modify terms such as custody provisions. Changes require a court order; the parties cannot change a PFA by agreement between themselves.

How our office helps

We represent both plaintiffs and defendants in PFA cases. Attorney Burke personally represents you at every court appearance.

• For plaintiffs: presenting the case at the final hearing, and building in the custody, support, possession of the home and firearms terms you need. We also handle extensions, modifications, and the custody and support cases that follow.
• For defendants: contesting the allegations at the final hearing, negotiating agreed orders without an admission that protect your children’s time and your record, modifying orders, and the return of firearms when the order ends.
• Violations: prosecuting contempt when an order is violated, and defending people charged with indirect criminal contempt.
• Related orders: Sexual Violence Protection Orders and Protection From Intimidation orders for abuse by someone who is not a family or household member.
• Related cases: the custody, divorce and criminal cases that often run alongside a PFA. See our Custody, Divorce and Criminal Defense pages.

Bring the petition and any orders you have received, and any texts, messages, photos, police reports or medical records that relate to what happened.

We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties. If you are in immediate danger, call 911.

Common Questions

How fast can I get a PFA?
The same day. If the judge finds an immediate and present danger, a temporary order is entered when the petition is filed, without the other person present. When the courthouse is closed, an on-call district judge can enter an emergency order that lasts until the court reopens.

Does it cost anything to file?
No. The law prohibits charging the person seeking protection any fee or cost for filing, issuing or serving a PFA petition or order. The court can make the defendant pay the costs.

Do I have to have been physically hurt?
No. Placing you in reasonable fear of imminent serious bodily injury is abuse under the law, and so is stalking. Threats and a pattern of frightening conduct can be enough.

Can I get a PFA against someone I dated but never lived with?
Yes. Current and former sexual or intimate partners are covered, as are people who share a child, even if they never lived together.

How long does a PFA last?
A temporary order lasts until the final hearing, which must be held within ten business days. A final order lasts for a set period of up to three years and can be extended on request before it expires.

I was served with a PFA. What should I do?
Obey the temporary order completely, including no contact of any kind, and get a lawyer before the final hearing. The hearing comes within ten business days, and it is your only opportunity to contest the allegations. A final order can affect your home, your children, your firearms and your record.

Can a PFA take my guns?
Yes. A temporary order can require you to give up firearms and ammunition when the petition shows a weapon was involved or an immediate danger exists, and a final order can prohibit you from possessing any firearm, with surrender within 24 hours. Federal law also bars firearm possession by anyone subject to a qualifying protection order.

What happens if the order is violated?
The defendant can be arrested without a warrant and charged with indirect criminal contempt, punishable by a fine of $300 to $1,000 and up to six months in jail. Separate criminal charges can be filed for the conduct itself.

Can the plaintiff drop the PFA?
A plaintiff can ask the court to withdraw or modify the order, but only the court can change it. Until the court does, the order remains in force, and the defendant can be charged for a violation even if the plaintiff invited the contact.

Will a PFA give me custody of my children?
A PFA order can award temporary custody and set the terms of the other parent’s contact, including supervised visits or none. It is temporary. A regular custody case decides the long-term arrangement.

Call for a consultation

Call 814-807-0972 or use the contact form. The consultation fee is $50. Because a final hearing comes within ten business days of filing, call as soon as you file or are served.

This page is general information as of 2026, not legal advice about your situation.