Being served with a temporary PFA is among the most disorienting experiences in a person's life. The order may evict you from your home, separate you from your children, restrict your movement, and put your firearms in another's hands. The next ten days will largely determine what happens next. Here is exactly what to do.
Hour one: comply with every term of the order
Read the temporary PFA order carefully and comply with every term. If the order requires you to leave the residence, leave. If it requires you to surrender firearms, surrender them by the deadline. If it prohibits contact with the plaintiff or the children, do not call, text, email, message through a third party, or attempt indirect contact through social media.
The single fastest way to lose a contested PFA case is to violate the temporary order between service and the final hearing. Violations can result in criminal contempt charges, additional PFA terms, and significant credibility damage at the final hearing.
Day one: secure essentials
If you have been ordered out of the residence, you will need:
- A place to stay — a friend, family member, or short-term rental. Hotels work for the immediate term but are not sustainable.
- Personal essentials — medications, work materials, identification documents, change of clothes. The temporary PFA may permit a one-time supervised retrieval; consult with counsel before attempting.
- Phone and email access — the final hearing will be scheduled within ten business days, and you need to be reachable for counsel.
If the order affects your firearms, your professional license, or your immigration status, those issues require specific legal advice immediately.
Day two: retain counsel
The window between service and the final hearing is usually about ten business days. That is the entire time you have to prepare a defense or negotiate a resolution. Every day matters.
Retain a lawyer who has substantial Allegheny County PFA hearing experience — not a general practitioner. PFA representation calls for fast trial preparation, fluency in the Pennsylvania Protection from Abuse Act, and knowledge of how PFA outcomes interact with divorce and custody matters.
Scott Levine has 18+ years of Allegheny County family law practice including 15+ years pro bono with Neighborhood Legal Services representing PFA plaintiffs. That dual perspective — both sides of the PFA case — informs every defense.
Days three through ten: build the defense
With counsel, the next steps typically include:
Gather documentary evidence
Text messages, emails, calendar entries, and other documents that contradict the allegations or provide context. Save everything — do not delete messages, photos, or any other digital records.
Identify potential witnesses
People who were present at the events alleged in the PFA, who can speak to the relationship dynamics, or who can rebut specific claims. Counsel will evaluate which witnesses to call.
Prepare your testimony
If you testify at the final hearing — many defendants do — you will be cross-examined by the plaintiff or their counsel. Preparation with your lawyer in advance is essential.
Evaluate negotiated outcomes
Not every PFA case goes to a contested final hearing. Negotiated outcomes — consent orders without findings of abuse, civil no-contact agreements, or withdrawal under specific terms — may be appropriate depending on facts. Your lawyer will evaluate.
Plan for related family matters
If divorce, custody, or support matters are pending or imminent, the PFA outcome shapes those cases. Strategy must account for both tracks. The lawyer who handles all three areas under one roof preserves continuity.
The final hearing
At the final hearing in Allegheny County, both parties present testimony and evidence before a judge. The plaintiff carries the burden of proof — preponderance of the evidence — on the alleged abuse. The defendant has full due process rights including the right to counsel, to testify, to call witnesses, and to cross-examine.
The judge has three primary options: (1) enter a final PFA order (up to three years), (2) dismiss the petition, or (3) approve a negotiated outcome that the parties have reached. A separate post addresses final hearing strategy in detail.
What not to do
- Do not contact the plaintiff under any circumstances
- Do not delete digital communications or other potential evidence
- Do not post about the case on social media — not even general statements about being unfairly treated
- Do not delay retaining counsel — ten days is shorter than it sounds
- Do not ignore the order in any respect, even if you believe it is unjust
What to do next
If you have been served with a temporary PFA in Allegheny County, retain counsel today. The Law Offices of Scott L. Levine offer a free phone consultation at 412.303.9566. Initial calls are returned the same day.
Frequently Asked Questions
What should I do immediately after being served with a temporary PFA?
Comply with every term of the order without exception. If ordered to vacate the residence, vacate. If ordered to surrender firearms, surrender them by the deadline. Do not contact the plaintiff under any circumstances. Then retain a Pittsburgh PFA lawyer immediately — the final hearing is typically within ten business days.
Can I go back to the house if I was ordered to leave?
Not without explicit permission. The temporary PFA may permit a one-time supervised retrieval of personal essentials. Coordinate with counsel before attempting any return. Unauthorized return is a violation of the order and can result in criminal contempt charges.
How long do I have before the final PFA hearing?
In Allegheny County, the final PFA hearing is typically scheduled within ten business days of the temporary order. That is the entire window you have to retain counsel and prepare a defense.
What happens if I violate the temporary PFA?
Violations of a temporary PFA can result in criminal contempt charges, additional PFA terms at the final hearing, and significant credibility damage. The single most effective thing a defendant can do between service and the final hearing is to comply absolutely with every term of the order.
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