What a Temporary PFA Means Right Now
In Pennsylvania, a no-contact restraining order is called a Protection from Abuse order, or PFA. If you have been served with a temporary PFA, the document in your hands governs your conduct immediately. You are likely required to vacate the residence of the plaintiff if you lived together, have no contact with the plaintiff by any means — direct or indirect, by phone, text, email, social media, or through third parties — and may be required to surrender any firearms in your possession. If children are listed in the order, your contact with them may be restricted or eliminated until the final hearing.
The final hearing is typically scheduled within ten business days of the filing. At that hearing, a judge will determine whether to enter a final PFA order for up to three years — or dismiss the petition.
Unlike plaintiffs — who are provided a free attorney through the court — defendants in PFA proceedings are not provided with counsel. If you want legal representation at the final hearing, you must retain an attorney. This is a common and costly misconception.
The Defendant's Situation at the Final Hearing
At the final hearing, the plaintiff will appear with an attorney — either free court-provided counsel or private counsel they have retained. The hearing proceeds before a judge. Testimony is taken, evidence is presented, and the judge determines whether the plaintiff has established abuse by a preponderance of the evidence.
Going to a final PFA hearing without counsel, against an attorney, on a matter affecting your housing, your relationship with your children, and your record, is a significant risk. Once a final PFA is entered, it is too late to reconsider that decision.
How a PFA Intersects With Divorce and Custody
PFA matters rarely exist in isolation. They frequently arise at the beginning of a divorce or custody dispute. At the final PFA hearing, the court may also address child custody on an interim basis and may order child support. What happens at the PFA hearing can have lasting effects on the subsequent divorce and custody case.
The firm has represented both defendants and plaintiffs in PFA matters — and for more than ten years has served as pro bono counsel to abuse victims through a local agency. That experience on both sides informs the representation provided to defendants.
"He instilled confidence in me when I had none, took over control of the case, and I received my children back in less than a month."
Contact UsWhat to Expect at the Allegheny County PFA Hearing
PFA final hearings in Allegheny County are held at Family Court, 440 Ross Street. If you do not appear by 10:00 AM, a final three-year PFA may be entered by default. Prior to going before the judge, attorneys for both parties may negotiate outside the courtroom. Resolution options include: dismissal, entry of a consent agreement without an admission of abuse, a final PFA order, or continuation. Having counsel at that negotiation stage is important — the outcome often sets the terms of any related custody and divorce proceedings.
When Poor Choices — Not False Allegations — Are the Issue
Not every PFA defense involves completely false allegations. Some cases involve situations where a person made a poor choice — sending a message, making a call, posting on social media, or engaging in conduct in person — that could be viewed by the court as harassment, stalking, or threats of abuse. Even when no physical violence occurred, digital and in-person conduct can support a PFA petition if it rises to the applicable standard.
In these cases, the goal is not to deny what happened but to mitigate its legal significance — by providing context, challenging characterization, negotiating a resolution that avoids a contested hearing, or demonstrating that the conduct does not meet the statutory definition of abuse. Experienced counsel makes a material difference in how these situations are resolved.
If you have been served with a temporary PFA and you know there was conduct on your part that the other party is relying on — texts, calls, in-person encounters, social media — do not wait. What you say or do between the service of the temporary PFA and the final hearing can affect the outcome significantly. Call before the final hearing, not after.
Both Sides of These Cases
The firm takes all cases involving domestic violence very seriously and believes that no one should be a victim of violence or threats of violence. At the same time, the reality of PFA practice is that false claims of abuse are made — in an effort to impact a divorce proceeding, gain a tactical advantage in a custody matter, or simply to have a roommate or former partner removed from a shared living space. These situations are real and they happen.
The firm has represented both plaintiffs and defendants in PFA matters for over 18 years, and has provided pro bono representation to abuse victims through Neighborhood Legal Services for more than fifteen years. That experience on both sides of these cases informs how every PFA matter — defense or plaintiff — is handled.
Regardless of your circumstances, the job is to fight hard for you: either to protect you from abuse, or to avoid having false or overstated accusations entered on your record and used against you in related custody and divorce proceedings.