Is it possible to obtain a restraining order without appearing in court?
In Pennsylvania, it is possible to obtain a restraining order without appearing in court. According to the Pennsylvania Protection from Abuse Act, victims of domestic abuse can file a petition for a Protection From Abuse Order (PFA) without appearing in court. To do so, a victim must fill out a form, called the Petition for Protection from Abuse, and submit it to their local county courthouse. The petitioner must include details about their relationship with the abuser, as well as any specific acts of abuse they have experienced. Once a petition is submitted, a judge will review the information and determine whether or not a Temporary Protection From Abuse Order (TPFA) should be issued. If a TPFA is issued, it will remain in effect for 10 days or until a full hearing can be set. If the petitioner does not appear in court for the full hearing, the TPFA will be canceled and the restraining order will not be issued. In certain cases, victims of domestic abuse may be able to submit an Emergency Omnibus Application with an Affidavit to the county courthouse. If this document is submitted and approved, the judge may issue an emergency PFA without a full hearing. This emergency order will remain in effect for a maximum of three days, or until a hearing can be held. It is important to note that, regardless of whether or not a hearing is held, all PFAs issued in Pennsylvania are valid for three years and can be extended if necessary. In addition, all PFAs issued in Pennsylvania are enforced by the state and offenders who violate a PFA are subject to arrest.
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