Protection from abuse (PFA) orders are sadly part of many divorce situations. Typically, we advise our clients to only use them as an action of last resort, when there is real fear of abuse and a history of threats and violence in the marriage. Often, they are used by one party to try to prevent another party’s occupation of the marital home/domicile. However, if there is no real evidence of threats or abuse the PFA will not hold up and you will have damaged your credibility in front of your spouse, the opposing counsel (and perhaps your own counsel) and most importantly, the jurists who will be deciding the facts of your case.
A PFA is supposed to prevent one party from engaging in “abuse” of another party. The statute specifically defines abuse as:
“The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:
(1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.
(2) Placing another in reasonable fear of imminent serious bodily injury.
(3) The infliction of false imprisonment pursuant to 18 Ph.C.’s. § 2903 (relating to false imprisonment).
(4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).
(5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).” 23 Pa.C.S. § 6102
When a finding of abuse is made by a Court, the Court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. 23 Pa.C.S. § 6108. Typically, it is easier for a woman to obtain a PFA than a man – but Courts are becoming more egalitarian in how they enforce such orders.
We will cover the fact situations of what can constitute abuse as a practical matter in future posts.