Scenario: You've been served with a Protection From Abuse (PFA) order. You're probably feeling a range of emotions. What should you do next?
The first PFA order you receive is only a TEMPORARY PFA ORDER. This temporary order, while having the full legal effect of a final PFA order, only remains in place until a PFA hearing can be held. This hearing will happen within the next 10 business days.
In my experience, the biggest mistake made by persons defending against a PFA is immediately after receiving the temporary PFA order. While you may be upset, the WORST thing you can do is reach out to the potential victim. This can only hurt your case, not help it!
Collect your Evidence
At your PFA hearing, you will be allowed to call witnesses, present evidence, and cross-examine the alleged victim. The more evidence you gather, the better your defense can be presented.
If you have an attorney representing you in your defense, speak with your attorney about the best way to gather this evidence. The difference between a successful outcome and a losing outcome can be as simple as a single text message or 3rd party neutral witness.
Communicate in Writing Only
If you have to absolutely have to communicate with the alleged victim, keep it in writing. Communication with the alleged victim is strongly discouraged, but if communication is unavoidable, keep it in writing.
For example, if you have children and need to communicate for custody, keep those communications in writing. A virtual record of the communications between the party is crucial to your PFA defense.
If you have been served with a PFA order, call King & Huffines: Attorneys at Law PLLC at (724) 242-0230. We can provide you with a solid defense to preserve your rights.
Disclaimer: None of the above information is to be interpreted as legal advice. This advice does not in any way create an attorney-client relationship.