My wife wants to lift a PFA in PA, and she cannot find out where to get the forms, and no one will help her find them. Have looked on line, to no avail. Can anyone help out? Also, the one she got was for 2 years, and she was told that no court would give it consideration until 90 days, minimum has passed. Is this true? She completely wants it lifted against the defendant as they are violating the PFA, so may as well lift it to stay legal.
If your wife wants the PFA withdrawn, she should go back to the courthouse where she got the PFA and ask for a withdrawal form. There will likely be a PFA coordinator who can assist with this process. The 90-day rule you mentioned is not statutory, though some judges may adhere to such a standard to ensure that the PFA system is not abused.
The PFA is a Court Order, so only a subsequent Court Order can modify or change the PFA Order currently in place. Your wife would have to go to Court to seek this relief, i.e., an Order withdrawing or lifting the PFA Order Many counties have forms available to download from their websites, but this varies county to county. In any event, the best thing to do is contact an attorney for assitance, or contact the PFA Department/Coordinator in the District Attorney's Office of the county where the PFA Order was issued. The Legal Aid agency in your county also may be able to assist you, as plaintiffs in PFA cases are entitled to legal assistance.
At the Family Court, you wife will be able to file a Motion to Withdraw PFA. The Clerks at Family Court will have the appropriate forms for your wife to complete and file.
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