The Protection From Abuse Order Process
in Schuylkill County

Getting a PFA Order is a multi-step process that may take several hours to initially complete  Victims who want to file a petition for an Order will need to come to Schuylkill Women in Crisis' Victim Advocate Office at the Schuylkill County Courthouse in Pottsville.  A staff person from our office will be available to explain and assist you with this process.  A victim will first need to complete a written form providing general information on the parties and the incidents of abuse for the petition.  All this written information will then be input into the computerized Protection from Abuse Database (PFAD).  Once the petition is completed in PFAD, a copy will be printed for the victim's review and signature.  A staff person will then accompany the victim to the courtroom for an ex-parte hearing at the designated time set by the Courts.  The Judge will ask the victim questions regarding the petition under oath and will then make a decision based on the testimony and the petition.

The victim will then be escorted back to the Victim Advocate Office and informed of the Judge's decision.  NOTE:  The Judge has the discretion to grant an order with all or only some of the relief the victim requested and schedule a hearing;  deny a Temporary Order;  or deny the Temporary Order but schedule a hearing.  Regardless of the Judge's decision, a Court Order will be issued reflecting the Judge's ruling.  The Court Order along with with the petition and Notice of the Hearing, if applicable, will be filed in the Prothonotary's Office and distributed to the relevant parties and/or agencies.  The victim will be provided with three copies before leaving the courthouse.  The Sheriff's Department generally serves the abuser in Schuylkill County or, in rare circumstances, the local police can serve orders.

The hearing, which is scheduled for consideration of the entry for a Final Order, is held within ten days of the entry of a Temporary Order.  Both the victim and the abuser are notified to be present for this hearing.  If one or both fails to appear, the Judge may impose serious consequences.  These hearings are usually held on Monday mornings at 8:30 A.M. in the various courtrooms, except when Monday is a holiday, then court is held the following Tuesday morning at the same time.  Since the abusers have the right to be represented by an attorney at this hearing, victims are encouraged to also contact an attorney for representation.  Victims who have private attorneys may use them.  If the victim cannot afford an attorney, Mid Penn Legal Service (MPLS) may represent you free of charge if their eligibility guidelines are met.  A staff person from the Victim Advocate Office will assist a victim who may want to contact MPLS.

Victims need to report again to the Victim Advocate Office before 8:30 A.M. on the date of the scheduled hearing.  The victim's attorney can meet the victim at this location.  A staff person will provide accompaniment to the courtroom.  Prior to the Judge coming on to the bench, both parties and their attorneys, if applicable, will discuss the entry of a Final Order.  If both parties agree a written draft will be completed and typed into the computer.  The Order will then be presented to the Judge for a signature.  If an agreement cannot be reached, a Hearing will be held and the parties will give testimony.  The Judge will determine if a Final PFA Order is granted or denied.  Whatever the outcome, an order will be typed into the computer and a copy will be printed and signed by the Judge.  The Order will be filed in the Prothonotary's Office and copies will then be mailed to the parties and their respective attorneys.  NOTE:  The victim will not leave the courthouse with a copy of an Order.  However, the Final Order signed by the Judge is enforceable immediately.  A copy of the Order will be on file after 4:30 P.M. at the Communication Center (911) for verification by police on the day it is granted and in the Pennsylvania State Police Registry within 24 hours.

Victims who are denied a Temporary Order with no hearing being scheduled may still be eligible for other Schuylkill Women in Crisis services, such as shelter, counseling, safety planning and referrals to any and all community agencies that may be able to assist them.  NOTE:  Having a PFA Order is only one of several options available to prevent further abuse;   other civil and criminal remedies can also be used.