How to Fight a False PFA in PA
Protections from abuse orders, or PFAs, are aimed at protecting the victims and are often susceptible to gross misuse. Acrosswalls.org, a public interest group estimates that about 90% of restraining orders in civil cases are granted. There is good evidence that PFA orders are misused in passionate divorce cases. PFA orders can be a weapon in the hands of a wrong partner who can use it to safeguard children, property, and vengeful retribution. If you are the victim of such an unlawful case and are seeking help, a protection from abuse attorney in PA is often the most reliable solution. Below are 3 key legal processes you must deal with in order to fight a false PFA case in PA.
Court Hearing
If you have received a PFA order from a partner, be sure to contact an attorney immediately. In PFA cases in Pittsburgh, a hearing must be held within 10 days. If your case requires an investigation, you must undertake the operation as early as possible. Additionally, PFA orders can restrict your personal freedom to meet the person for as long as 3 years in Pittsburgh. Moreover, an initial hearing on PFA orders is often accepted by judges in good faith. Hence, ideally, you should take major steps to ensure that you can safeguard your relationship with your child, or family members, your property, and your life as a whole immediately.
Legal Investigation
The important thing to remember about a PFA trial is, the burden of proof can mistakenly lie on the accused. As often domestic violence cases or stalking cases determine the threat of perception, you should prepare to deal with the grey area in legal proceedings. For example, your spouse may have a friend who is hell-bent on seeing you go through a trial. She or He may have developed a personal grudge against you over the years. When facing a PFA trial, you need to take decisive steps to gather evidence immediately, speak to witnesses (family and friends), and speak to third parties like therapists and police to build a strong case. A wrong PFA order can cut you off from the world as you know it – family, jobs, home, children.
Liabilities
In Pittsburgh, PFA orders under section 6108 grant courts broad authorities to deal with potential offenders. This means you can be evicted from your own home, you may be expected to provide for healthcare of the other party, be ordered to provide housing for other parties, and even let go of exclusive possession of your housing. If you are innocent, this may seem like painful injustice. However, experts like attorneys will find a way to navigate the standard of proof in such cases which is unique to the legal justice system to fight your case.
