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How to vacate a false PFA in PA? Eight days from coming back from St Thomas USVI with brother and sister-in-law abuse witnessed.

West Chester, PA |

Wife filed a fake PFA to get me out of the house and she is a type 1 diabetic. I have called the police and EMTs many times in the past 18 months and we have severe incidences of crazy blood sugar 4-6 times a week. Extreme verbal abuse, some light physical abuse plus total responsibility for first aid and sometimes to have to call 911. Husband is care giving and getting abused. Been together for almost eight years and three and half married. really bad when mixed with unchecked alcohol use. No physical abuse on wife and verified by various police visits.

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Attorney answers 3

Posted

After a petition for protection from abuse(“PFA”) is filed, a judge will review the petition to determine if a temporary PFA order should be granted. If the judge does indeed enter a temporary PFA, a hearing will then be scheduled (typically within 10 days) where you will be given an opportunity to challenge the merits of the PFA. At that hearing, the judge can elect to enter a final rather than temporary PFA which could be anywhere from one to 18 months. Keep in mind, a PFA is a civil remedy, not a criminal one. Only if you violate the order can it turn into criminal charges. If you have any additional questions, please feel free to call our offices. You might be best served by consulting with an attorney.

Stew Crawford, Jr., Esq.

Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania & New Jersey

223 North Monroe Street
Media, Pennsylvania 19063
877-992-6311
www.crawfordlaw.org

E-mail: pfa@subrolaw.us

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

Posted

A temporary PFA is just that, temporary. A judge has decided that your wife had grounds for a temporary order, but that does not mean that once you have had the chance to explain your side, that a final order will be entered. In the 10 years I have been doing PFA's in Chester County, I have seen this happen regularly.

To avoid problems now, you have to abide by the order. It sounds like your wife's behavior is affected by her blood sugar, which is affected by alcohol. Until you speak with an attorney, you should avoid all contact with your wife. The stress of caregiving and the special problems it can cause is really just being recognized.

I would be happy to help you, if you want to contact my office by phone 610-692-3400, or through my website www.penelopeboydlaw.com.

Penelope A. Boyd

Information provided is based on what is presented and should not be considered as legal advice, nor does this answer imply any attorney-client relationship.

Posted

You will need to meet with an experienced family law attorney sobrhar you can gather the evidence that you need to defend the PFA at the hearing. Ibwould suggest that you promptly get copies of the police reports, medical records that are available, etc. so that you will be ready

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.