Handling domestic abuse is a very painful issue; however, securing a protection order is one way to empower yourself and protect your loved ones. Unfortunately enough, some abusers will break these orders and thus make the situation worse and life more dangerous. In Philadelphia, knowing your legal rights as well as what you could do in such a case can be helpful. Domestic violence lawyers in Philadelphia significantly help a victims by not only advising them but providing legal counsel and representation also. So, here are some guidelines on how violations should be handled effectively in such matters.
Understanding protection orders:
A protection order, also referred to as a restraining order, is a legal order issued by a court to prevent an abuser from contacting or harming the victim. In Pennsylvania, these orders are commonly known as Protection From Abuse, or PFA, orders. They are meant to address immediate safety concerns and can include a variety of provisions that restrict the abuser from doing certain things, including:
- No-contact provisions
- Removing the abuser from any shared residences
- Temporary custody of children
- Surrendering firearms or weapons
Philadelphia courts take these orders seriously, as they are meant to provide a secure environment for victims of domestic violence. However, the effectiveness of a PFA depends largely on its enforcement and your knowledge of the steps to take if it is breached.
Recognizing a Violation of a Protection Order
It means that if the abuser consciously breaches any of the terms specified in the PFA, a violation takes place. For example,
- Tries to call or message you through the phone or through other social media platforms
- Attempts to come near your house, workplace, or school
- Harasses you through middlemen, for instance, friends or family
- Physically approaches or hurts you against the order.
It is essential to record these incidents and acknowledge them for what they are: illegal acts that put your safety at risk.
Immediate Actions to Take When a Protection Order is Violated
If you are in a situation where your abuser has violated a protection order, the following actions can help you respond appropriately:
1. Call the Police Immediately
Contact the police first and foremost. In Pennsylvania, violation of a PFA is considered a crime, and police must act. When reporting by telephone, be as detailed as possible about the incident in question, including dates, times, and evidence collected.
2. Report the Incident
Maintain records of all incidents, including screenshots of messages, call logs, witness statements, or even surveillance footage. These records are very useful for the police and attorney alike in preparing a watertight case against the perpetrator.
3. Consult a Lawyer Specializing in Domestic Violence in Philadelphia
Experienced attorneys dealing with domestic violence cases can help you navigate through the legal process and speak out for you. They will help you file charges for contempt, represent you in court, and help to ensure that your rights are protected.
4. The Violation Should be Presented to the Court
Once you have notified the police, you must also report the PFA violation to the court. Your attorney can help with this by filing the necessary documents and providing proof that the PFA order has been violated.
5. Keep Yourself Safe
If the violation increases the danger to your safety, move to a safe place or seek emergency shelter. There are several shelter services available in Philadelphia to help victims during emergencies. Some of them include the Women Against Abuse Safe Haven.
Legal Penalties of Violating a PFA
Pennsylvania takes a very serious stance on the violation of a protection order. Violation of a PFA by your abuser may bring the following legal penalties:
- Arrest: The police can detain the person without a warrant if there is probable cause for the violation.
- Criminal Charges: Violating a PFA is considered a second-degree misdemeanor that can be punished with a fine, probation, or imprisonment for up to one year.
- Contempt of Court: The violator can be held in contempt of court, which will add to his or her punishment.
The severity of these consequences underscores the importance of reporting every violation, no matter how minor it may seem.
How Domestic Violence Lawyers in Philadelphia Can Help
Hiring a domestic violence lawyer is a crucial step in navigating the complexities of the legal system and ensuring that your abuser faces appropriate consequences. Here’s how they can help you:
- Filing for Enforcement: Lawyers may file your PFA, helping ensure that the law runs smoothly.
- Representation in Court: A competent attorney can defend your rights at all the hearings and trial; thus, he would tell the court the severity of the situation.
- Helping Collect Evidence: Lawyers will direct you on how to obtain strong evidence to present the case.
- Long-term Legal Planning: They can help with other legal issues, including custody arrangements, divorce proceedings, or getting extended protection orders.
There are many qualified domestic violence attorneys in Philadelphia who are committed to helping victims regain their safety and peace of mind.
Local Resources for Domestic Violence Victims in Philadelphia
Besides the legal assistance, Philadelphia has various organizations and sources that can support domestic violence victims. They include;
- Women Against Abuse: They provide safe housing, legal services, and counseling to survivors.
- Lutheran Settlement House: It advocates and offers other support services to victims of intimate partner violence.
- Philadelphia Domestic Violence Hotline (1-866-723-3014): The hotline is a confidential one that is available 24/7 to connect the victims to the resources and assistance.
These organizations partner with local law enforcement and legal professionals to create a comprehensive net for the survivor.
Knowledge is Power and Action
While being violated by a protection order can be a traumatic experience, keep in mind that you are not alone. Understanding your rights and taking decisive action will protect you and hold the abuser liable for their actions.
Whether it is cooperating with the police, recording violations, or consulting lawyers, every step brings you closer to securing your safety and justice. With domestic violence lawyers in Philadelphia, you will be able to overcome all legal obstacles and regain your life.
Work with an Experienced Philadelphia Law Firm to Protect You
When dealing with the complexities of a protection order violation, having reliable legal representation can make all the difference. Alva Foster & Moscow, LLC is one of the top Philadelphia law firms that specializes in handling cases of domestic violence and protection order enforcement. Their experienced attorneys are dedicated to protecting your rights and ensuring your safety, guiding you through each step of the legal process with compassion and expertise. For more information on The Alva Foster & Moscow, LLC and how they can assist you in pursuing justice and safety when faced with domestic abuse, visit The Alva Firm.
Conclusion
No one deserves to live in fear, especially after taking the courageous step of obtaining a protection order. If your abuser violates a PFA in Philadelphia, swift action is key. Call the police, document the incident, and seek the assistance of qualified domestic violence lawyers to ensure that the violation is addressed properly. Philadelphia’s legal system and community resources are set up to protect and empower victims, creating a way out of the situation that leads to safety and healing. Remember, every step you take to enforce the protection order helps break the cycle of abuse and regain your safety.
