We ended up dating 4 months after that, and I have notes that she wrote me saying how sorry she was for everything & that the PFA wasn't suppose to "hurt" me, but to keep herself away from me so she wouldn't hurt my feelings. I understand that me, the defendent, has the pay all court costs and what not. what can I do or what do I have to do to "turn" this around & to get it dropped and for her to pay the costs? it also ends in August.
Yes, the PFA is still active.
Only a judge can vacate a PFA. And in any event, SHE IS ALLOWED TO CONTACT YOU. You are not allowed to contact her. The law very clearly states that PFAs are one-way-streets only.
The PFA is still active. The PFA restricts you from having any contact with her. It does not prohibit her from contacting you.
If she wants to be with you again, she must withdraw the PFA. She can do this by going to the same court where she got the PFA and filing a PFA Withdrawal Order. If a judge signs it, the PFA is lifted.
If you believe that she got the PFA against you based on false claims, there is a remedy available to you. In Pennsylvania, Section 6117(b) of the Protection From Abuse Act is entitled “Remedies for Bad Faith.” It states that if a person filed a PFA in bad faith, “a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees.”
To prove that she acted in bad faith, you would need to show that she intentionally misused the PFA process at your expense. This may be difficult to prove based solely on her notes. Additional evidence of bad faith would be helpful to such a claim. Of course, if she was willing to admit bad faith to the court, your claim would become stronger.
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