When Safety and Your Future Are Both on the Line
A Protection From Abuse order can change a family overnight. It can remove someone from their home, set temporary custody, restrict contact with children, and require the surrender of firearms within 24 hours. Whether you need protection or you have just been served with a petition, what happens in the next few days matters.
At Nevins & McAllister, our Berks County protection from abuse lawyers represent both petitioners seeking safety and defendants responding to PFA petitions. Attorney Ryan McAllister has handled PFA cases in Berks County since 2006, and our firm’s work in both family law and criminal defense gives clients a complete view of how a PFA can affect custody, housing, and criminal exposure.
If you need help with a PFA in Berks County, call 610-372-5128 to schedule a confidential consultation.
What a PFA Order Is Under Pennsylvania Law
A PFA is a civil court order issued under Pennsylvania’s Protection From Abuse Act, 23 Pa.C.S. Chapter 61. It is designed to stop abuse between family or household members and intimate partners. A PFA is not a criminal conviction, but violating one can lead to arrest and criminal penalties.
Under the Act, abuse can include:
- Attempting to cause or causing bodily injury
- Placing someone in reasonable fear of imminent serious bodily injury
- Sexual assault or other sexual offenses
- Physically or sexually abusing a child
- Knowingly engaging in a course of conduct that places someone in fear of bodily injury, such as stalking
- False imprisonment
A PFA does not cover every unpleasant disagreement. The court looks for conduct that fits the statute and evidence that supports it.
Who Can File for a PFA in Berks County
The PFA Act applies to specific relationships. A petition may be filed against:
- A current or former spouse
- A person you live with or lived with as a spouse
- A current or former sexual or intimate partner
- A person you share a child with
- A parent, child, or other relative by blood or marriage
A parent or adult household member can also file on behalf of a minor child. If the person causing harm does not fit one of these relationships, a PFA is usually not available, but other protective orders may be. Our Berks County restraining order lawyers can explain those options.
How the PFA Process Works in Berks County
Berks County PFA cases move quickly. Knowing the timeline helps petitioners and defendants prepare.
Filing the Petition
Petitions are filed through the Berks County PFA Office on the first floor of the Services Center at 633 Court Street in Reading, a short walk from our office at 602-604 Court Street. Filing hours are generally weekday mornings through early afternoon. Because hours can change, call the PFA Office before you go.
Temporary (Ex Parte) Order
The same day, a judge reviews the petition, often without the defendant present. If the judge finds the petitioner is in immediate danger, a temporary PFA can be issued. It stays in effect until the final hearing.
Emergency Orders After Hours
When the courthouse is closed, emergency PFA relief may be available through a Magisterial District Judge or Reading Central Court. An emergency order is short-term and generally lasts until the next business day, when the petitioner must file a full petition.
The Final Hearing
A final hearing is typically scheduled within 10 business days of the temporary order. Both sides can present testimony, documents, photos, messages, and witnesses. The judge then decides whether to grant a final order and what relief to include.
Consent Agreements
Many Berks County PFA cases resolve by agreement. A defendant may agree to an order without admitting abuse. This can avoid a contested hearing, but the terms still carry legal consequences. Speak with a lawyer before agreeing to anything.
What a Final PFA Can Include
A final PFA can last up to three years and may be extended. Depending on the case, it can:
- Prohibit abuse, harassment, stalking, and threats
- Order no contact, including texts, calls, and social media
- Grant exclusive possession of a shared residence
- Award temporary child custody and set conditions for parenting time
- Direct temporary child support or financial relief
- Require the defendant to relinquish firearms, other weapons, and ammunition
- Order payment of certain out-of-pocket losses
Because custody and housing can be decided in a PFA hearing, these cases often shape a later divorce or custody proceeding.
Representing Petitioners Seeking Protection
If you are experiencing abuse, your safety comes first. In an emergency, call 911. Once you are safe, we can help you:
- Determine whether a PFA fits your relationship and circumstances
- Organize evidence such as texts, photos, medical records, and police reports
- Request the relief you need, including custody and exclusive possession
- Prepare your testimony for the final hearing
- Respond to cross-examination by the defendant’s attorney
- Enforce the order if it is violated
A petitioner is not required to have a lawyer, but defendants are frequently represented. Having counsel helps level the hearing.
Defending Against a PFA Petition
Being served with a temporary PFA can mean being removed from your home and separated from your children with little notice. A final order can also affect gun rights, employment, professional licenses, and future custody decisions.
We help defendants:
- Comply with the temporary order while the case is pending
- Gather messages, witnesses, and records that tell the full story
- Challenge allegations that do not meet the legal definition of abuse
- Expose inconsistent or exaggerated claims
- Negotiate terms when an agreement is in the client’s interest
- Protect custody and parenting time
If police have also filed charges, the PFA and the criminal case must be coordinated. Statements made in a PFA hearing can be used in a domestic violence or assault prosecution. Our criminal defense experience helps clients avoid that trap.
Firearms and PFA Orders in Pennsylvania
When a PFA orders relinquishment, the defendant must surrender firearms, other weapons, ammunition, and any firearm license within 24 hours of service. If items cannot reasonably be retrieved in that time, an affidavit listing them and their location is due within 24 hours. Failing to relinquish can lead to separate charges. Federal law may also prohibit possession during a final order. For questions about weapons charges, see our firearms defense page.
Violating a PFA Order
A PFA violation is typically charged as indirect criminal contempt. Penalties can include a fine of up to $1,000 and up to six months in jail. New criminal charges can be filed for the underlying conduct.
A petitioner’s invitation does not change the order. Even if the protected party initiates contact, the defendant can still be arrested. Only the court can modify or withdraw a PFA. Defendants facing contempt charges should contact a lawyer immediately.
Modifying, Extending, or Withdrawing a PFA
Circumstances change. Either party can ask the court to modify a PFA. A petitioner can request an extension before the order expires. A petitioner who no longer wants protection can ask to withdraw. When children are involved, modifying the PFA may also call for changes to custody, which our custody modification team handles.
Serving PFA Clients Across Berks County
Nevins & McAllister handles PFA matters throughout Berks County, including Reading, West Reading, Wyomissing, Sinking Spring, Shillington, Exeter Township, Spring Township, Muhlenberg Township, Cumru Township, Birdsboro, Fleetwood, Kutztown, Hamburg, Boyertown, Leesport, Wernersville, Robesonia, and Temple.
Frequently Asked Questions About PFAs in Berks County
How long does a PFA last in Pennsylvania?
A final PFA can last up to three years. The court can extend it when the petitioner shows a continued need for protection, including after violations.
Can I go home after being served with a temporary PFA?
Not if the order grants the petitioner exclusive possession. A police escort can usually be arranged to collect personal items. Returning without permission can result in arrest.
Will a PFA affect child custody?
Yes, it can. A PFA may set temporary custody, and Pennsylvania courts consider abuse history when deciding custody. The PFA record often becomes part of the custody case.
Is a PFA a criminal record?
A PFA is a civil order, not a conviction. However, it is a court record, it is entered into a statewide registry, and violations are criminal.
Do I need a lawyer for the final PFA hearing?
You are not required to have one. Because the hearing can decide custody, housing, and firearm rights, legal representation is strongly recommended for both sides.
Talk to Our Berks County PFA Lawyers Today
Whether you need protection or need to respond to a petition, the hearing date comes fast. Preparation starts the day you contact us. Learn more about our general protection from abuse practice, or call 610-372-5128 to schedule a confidential consultation with experienced Berks County protection from abuse lawyers.