DAVID T. LEAKE, ESQ.
  • Home
  • Client Reviews
  • Practice Areas
  • Biography
  • Blog
  • Legal Process
  • Contact Us

BLOG

Protection From Abuse (PFA) Orders in Pennsylvania

1/17/2019

0 Comments

 
In Pennsylvania, the protection from abuse or PFA act provides a process which can result in the person on the wrong end losing the right to go to their own house, to see their kids, to possess firearms, the list goes on. To make matters worst, this can all take place intitially without you even knowing. For example, say your spouse or your girlfriend/boyfriend goes to legal aid, which provides legal representation for free, and tells them that you hit him or her. Legal aid will draw up a PFA petition and within a couple of hours your significant other will be testifying before a judge. Now regardless of the truth of the testimony, if the judge believes your significant other, possibly say good bye to going to your own house, seeing your own kids, and possessing your own guns for the time being. Concerned yet? As an attorney I sure am, talk about a process that could easily be abused, and one that often is.

Now luckily, that intital PFA Order is temporary and you are entitled to a hearing within ten (10) days of entry of the order. At the hearing your probably now ex-significant other has the burden of proof to establish grounds for a permanent PFA order. If your ex is successful at the hearing, you could lose your right to go to your house, to see your kids, and to possess your firearms for up to three (3) years. As such it is imperative to have a good defense attorney and a solid defense prepared to fight at this hearing. If you have had PFA filed against you please call my office immediately.

A Note on Pennsylvania PFAs and Firearms
PFAs are one of the most common ways I see people losing their firearms rights. As discussed, in Pennsylvania it is relatively simple for a person to get a temporary PFA, which in most cases results in automatic loss of firearms rights. A permanent PFA if entered after the hearing, generally also automatically results in loss of firearms rights. Unfortunately, while Pennsylvania law would allow you to keep your firearms rights if relinquishment of firearms is not ordered by the Judge, conflicting Federal Law (18 U.S.C. 922) in most cases prohibits firearm possession and purchase during the duration of the PFA order.

0 Comments

    Author

    Attorney David T. Leake

    Archives

    June 2023
    March 2023
    February 2023
    January 2023
    January 2020
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018

    Categories

    All
    Criminal Law
    Custody
    Divorce
    DUI
    Firearms Law
    PFA Law

    RSS Feed

Personal Injury, DUI, Criminal, Custody, Divorce, Family Law, & Estate Attorney in Somerset, Pennsylvania

Major Credit Cards Accepted: Visa, Mastercard, American Express, Discover

​Address

David T. Leake, Esq., Law Office
509 North Center Avenue
Somerset, Pennsylvania 15501

​​EMAIL
[email protected]

Telephone

(814) 445-6946

Hours

Office Telephone: M-F 8:30am-4:00pm
Appointments: M-Sun 6:00am-8:00pm
  • Home
  • Client Reviews
  • Practice Areas
  • Biography
  • Blog
  • Legal Process
  • Contact Us