PFA Defense Lawyer in Lancaster, PA
If you have been served with a Protection from Abuse order in Lancaster County, you need to act before your hearing date arrives. A PFA can remove you from your home, restrict your access to your children, and require you to surrender your firearms, all before you have had a chance to tell your side of the story.
Attorney Michael Marinaro is a PFA defense lawyer in Lancaster, PA, with over 30 years of criminal defense experience. Marinaro Law Firm represents respondents at every stage of the PFA process, from the initial temporary order through the final hearing.
What Is a Protection From Abuse (PFA) Order in Pennsylvania?
A PFA is a civil court order issued under the Pennsylvania Protection from Abuse Act, 23 Pa.C.S. § 6101 et seq. It restricts contact between you and the petitioner and can impose serious limitations on your daily life. While it is a civil order, violating it carries criminal consequences.
Who Can File a PFA Against You?
Under 23 Pa.C.S. § 6102, a PFA can be filed by a current or former spouse, intimate partner, cohabitant, family member, or co-parent. The qualifying relationships cover most domestic and household situations you may be involved in.
Temporary PFA Orders vs. Final PFA Orders
A temporary PFA is granted without your input and takes effect immediately, before you have any chance to respond. Pennsylvania law then schedules a final hearing within 10 business days, where you have the right to present evidence with a PFA lawyer by your side.
What Can a PFA Order Do to You?
Under 23 Pa.C.S. § 6108, a judge has broad authority to restrict multiple areas of your life at once, and the consequences take effect immediately. Depending on the allegations and the court’s findings, any combination of the following can be ordered against you.
Housing and Removal From the Home
You can be ordered to vacate your home immediately, regardless of whether your name is on the lease or mortgage. This takes effect the same day the order is served, leaving little time to arrange housing or collect belongings.
Firearms Surrender
Under 18 Pa.C.S. § 6105 and 18 U.S.C. § 922(g)(8), possessing a firearm while a PFA is active is a separate criminal offense. This applies whether you own firearms for hunting, work, or personal protection.
Child Custody and Visitation
A judge can award temporary custody to the petitioner and restrict your contact with your children for the duration of the order. These temporary terms can carry weight in future family court proceedings, making early legal action especially important.
Employment and Professional Licensing
PFA orders are public civil records in Pennsylvania and can affect more than just your personal life. A licensing board in a regulated field like law enforcement, healthcare, or education may open a review based on the order alone.
Can You Fight a PFA Order in Pennsylvania?
The final hearing is your opportunity to contest the allegations and present your evidence before a judge, and it is a right you should not give up. If you go unrepresented or fail to appear, the petitioner’s account goes before the court unchallenged, and that is a risk you cannot afford to take.
Challenging the Allegations at the Final Hearing
The petitioner must prove the allegations by a preponderance of the evidence, meaning more likely than not. As your lawyer for PFA defense, Attorney Marinaro reviews every claim and builds a focused factual record on your behalf.
What Happens If the Allegations Are False?
If the claims against you are false or exaggerated, you can challenge them at the final hearing with supporting documentation. Text messages, call records, photos, and witness testimony are all admissible evidence in a PFA proceeding.
How Evidence Is Used in a PFA Hearing
PFA hearings follow formal rules of evidence, and both sides can call witnesses and introduce exhibits. Attorney Marinaro’s forensic science background gives him a precise, analytical approach to challenging the evidence presented against you.
What Happens at a PFA Hearing in Lancaster County?
Your PFA hearing defense begins well before you walk into the Lancaster County Courthouse. Preparation determines how your evidence lands and how effectively you can respond to what the petitioner presents.
The Standard of Proof: Preponderance of the Evidence
The judge decides whose account is more credible and consistent with the evidence, not whether guilt has been proven beyond a reasonable doubt. No jury decides the case, and the outcome can affect your home, your record, and your family for years.
What a Judge Can Order
If the judge grants the order, restrictions can include no-contact provisions, removal from the home, firearms surrender, and temporary custody. If the petitioner does not meet their burden of proof, the court can dismiss the order.
What Are the Consequences of Violating a PFA Order?
A PFA order is civil, but violating it is a criminal matter in Pennsylvania. Even accidental contact with a protected party can be treated as a violation and result in your arrest.
Criminal Contempt Charges
Under 23 Pa.C.S. § 6114, a PFA violation is charged as indirect criminal contempt and carries up to six months in prison, mandatory fines, and a permanent record. Comply with every term of the order until the court modifies or lifts it.
Criminal Contempt Charges
Under 23 Pa.C.S. § 6114, a PFA violation is charged as indirect criminal contempt and carries up to six months in prison, mandatory fines, and a permanent record. Comply with every term of the order until the court modifies or lifts it.
Can You Be Arrested for a PFA Violation?
Under 23 Pa.C.S. § 6113, law enforcement can arrest you without a warrant if there is probable cause that you violated the order. If you are in a PFA violation defense situation, contact an attorney before speaking to police.
Why Hire Marinaro Law Firm as Your PFA Defense Lawyer in Lancaster, PA?
When a PFA order is filed against you, the attorney you choose determines how prepared you are walking into that hearing. Attorney Marinaro is a protection from abuse defense lawyer in Lancaster County with more than 30 years of criminal defense experience, a forensic science background with the Maryland State Police, and thousands of cases handled, including numerous jury trials resulting in acquittals.
As your PFA attorney in Lancaster, PA, Attorney Marinaro builds every case as if it is going to court, because that level of preparation is what produces results at the hearing and beyond. Marinaro Law Firm represents the respondent’s side only, and does not represent petitioners.
Frequently Asked Questions About PFA Defense in Pennsylvania
If you were just served with a PFA order, you likely have more questions than answers right now. Here is what people in your situation ask most, answered clearly.
What should I do if I am served with a PFA order in Pennsylvania?
Do not contact the petitioner for any reason, and read the order carefully to understand exactly what is restricted. Then contact a defense attorney as soon as possible; your final hearing is scheduled within 10 business days.
Can a PFA order be contested or dismissed?
You have the right to appear at the final hearing, present evidence, and challenge the petitioner’s account before a judge. If the petitioner does not meet the burden of proof, the order can be dismissed.
What happens if you violate a PFA order in Pennsylvania?
Violating any term of a PFA order, including unintentional contact, can result in arrest and a charge of indirect criminal contempt under 23 Pa.C.S. § 6114. A conviction carries up to six months in county prison, mandatory fines, and a permanent criminal record.
Will a PFA order show up on a background check?
A PFA is a civil court record, not a criminal conviction, but Pennsylvania civil records are public and can appear in licensing reviews, custody proceedings, and background checks. If the order required firearm relinquishment, the Pennsylvania State Police registry also maintains that information.
Do you need a lawyer to fight a PFA order?
The final hearing follows formal rules of evidence, moves quickly, and may put you across from a petitioner who has their own counsel. The outcome can affect your home, your children, and your record for up to three years.
Ready to Talk to a PFA Defense Lawyer Today?
If you have a PFA hearing scheduled in Lancaster County, do not wait to get legal help. The hearing arrives quickly, and the time to build your defense starts now. Contact Marinaro Law Firm to speak with a PFA defense lawyer who has been representing Lancaster County clients for over 30 years. Attorney Marinaro will review your situation, explain your options clearly, and stand with you at every stage.
Call today or submit a contact form to schedule your consultation.
