Domestic Violence and Protective Orders

Orders of protection can be put in place after a domestic violence incident. In Bucks County, Pennsylvania, and across the river in New Jersey, survivors have access to these protections to safeguard their safety and well-being. If you have been harmed, a seasoned Bucks County family attorney can file protection documents, represent you in court, and ensure your rights are upheld.

Differences Between PFAs, TROs, and FROs

In Pennsylvania, domestic violence cases are typically handled in family court, and many survivors obtain a Protection From Abuse (PFA) Order. This court order can prevent an abuser from making contact, coming near the survivor’s home or workplace, and even relinquishing firearms if deemed necessary.

To obtain a PFA in Bucks County:

• File a petition. A survivor must file a request at the local courthouse, detailing the abuse and the protection needed.
• Emergency and temporary PFAs. In urgent cases, a judge can issue an emergency order that lasts until a formal hearing.
• Final PFA hearing. Within ten days of the temporary order, both parties attend a hearing where a judge determines whether a final PFA, which can last up to three years, is necessary.

A PFA offers legal recourse if the abuser violates the order. Similarly, in New Jersey, individuals can seek legal protection against domestic violence through a Temporary Restraining Order (TRO) and a Final Restraining Order (FRO).

In NJ, survivors first file a complaint with a local family court or police department, which can begin the process of seeking a TRO. If a judge finds immediate danger, they may issue a TRO, preventing contact and requiring the abuser to leave shared residences. A hearing takes place within ten days to determine if the TRO should be elevated to FRO, offering indefinite protection unless modified by the court.

New Jersey’s system is unique in that FROs do not expire unless a judge rules otherwise. This provides long-term safety without requiring survivors to repeatedly renew the order.

Protections for Children and Long-Term Measures

Both states prioritize the well-being of children in domestic violence cases. In Pennsylvania, a PFA can include provisions for temporary child custody and can come with visitation restrictions. New Jersey’s FROs provide protection for children as well, impacting custody arrangements when a court finds there are safety concerns.

Long-term safety measures for survivors in both states include access to emergency shelters and support services. Individuals also have the ability to request order modifications as circumstances change.

Moving through the protective order legal process can be overwhelming, but you don’t have to do it alone. Skilled Bucks County family attorneys are available to give you support. Should an order be violated, arrest and prosecution are typically the next steps.

Where were you when you experienced domestic violence? If you or someone you love was involved in a Pennsylvania or New Jersey domestic violence incident, contact the legal team at Kevin L. Hand, P.C. Legal professionals are available to connect you with the peace of mind you deserve. Call 215-968-6602 for a confidential consultation.