Is a PFA a criminal charge in Pennsylvania?

No. A Protection From Abuse order is a civil remedy under Title 23, decided by a preponderance of the evidence. Pennsylvania has no standalone criminal offense called domestic violence — related criminal charges, if any are filed, come from ordinary Title 18 statutes like simple assault or terroristic threats and require proof beyond a reasonable doubt in a separate proceeding.

Do I get notice before a temporary PFA order is entered?

Not necessarily. The temporary order stage is ex parte by design, meaning the judge reviews only the petitioner's sworn statement. The defendant's opportunity to respond comes at the final hearing within ten business days, not before the temporary order takes effect.

What has to be proven for a final PFA order in Pennsylvania?

The petitioner must prove abuse, as defined in § 6102, by a preponderance of the evidence — that it is more likely than not that abuse occurred. That is a substantially lower standard than the beyond-a-reasonable-doubt standard required for a criminal conviction.

How long does a final PFA order last?

Up to three years under § 6108, though a petitioner can seek an extension before it expires by showing a continued reasonable fear of abuse.

What can a judge order in a final PFA?

Relief available under § 6108 includes no-contact and stay-away provisions, eviction from a shared residence and exclusive possession of it, temporary custody or visitation terms, and mandatory relinquishment of firearms, ammunition, and licenses under § 6108(a)(7).

Does agreeing to a PFA mean I admitted to abuse?

Not necessarily. Many cases end in a consent order in which the defendant agrees to the order's terms without admitting the underlying allegations. The order still carries the same duration and consequences, including firearm relinquishment, as a contested finding.

Where is a PFA petition filed in Pennsylvania?

In the civil division of the Court of Common Pleas in the county where the petitioner lives, with no filing fee. It is a separate docket from any criminal case that might arise from the same conduct.

Can a PFA affect custody of my children?

Yes. A final order can include temporary custody terms under § 6108, and a PFA finding is also weighed under the custody best-interest factors in a separate custody proceeding.

What happens if I don't show up to the PFA hearing?

A defendant who fails to appear risks a final order being entered based on the petitioner's testimony alone, since the hearing can proceed in the defendant's absence. Attending and presenting a defense at the ten-business-day hearing is the primary opportunity to contest the petition.

Domestic Violence & PFA · PFA Process

A PFA petition sets a short, strict clock — and the first hearing decides more than most people expect.

Pennsylvania has no criminal charge called 'domestic violence.' What exists instead is a civil remedy — the Protection From Abuse Act, Title 23, Chapter 61 — that lets a family or household member ask a judge for an order restricting another person's contact, residence, and firearm possession, based on a lower burden of proof than any criminal case. Understanding how that civil process actually runs, from the first verified petition to a final order that can last up to three years, matters whether you filed the petition or you're the one named in it.

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How Pennsylvania handles it

Protection From Abuse Process in Pennsylvania in Pennsylvania.

A PFA case starts when someone eligible under § 6102 — a spouse, former spouse, intimate partner, relative, or someone who shares a child with the petitioner — files a verified petition under § 6106 in the county Court of Common Pleas, civil division, describing the alleged abuse. If the petition alleges immediate and present danger, the court can enter an ex parte temporary order the same day, without the defendant present or notified in advance, under § 6107. That temporary order typically imposes no-contact and stay-away terms until a final hearing. The final hearing must be held within ten business days of filing under § 6107, at which both sides appear, and the petitioner must prove abuse by a preponderance of the evidence — meaning more likely than not, a far lower bar than the beyond-a-reasonable-doubt standard that applies in a criminal case arising from the same incident. If the judge finds abuse occurred, a final PFA order can grant relief under § 6108, including no-contact provisions, eviction from a shared residence, temporary custody arrangements, and mandatory firearm relinquishment under § 6108(a)(7), for a term of up to three years. Many cases resolve instead through a consent order, in which the defendant agrees to the order's terms without an admission of abuse — a route that still carries the same firearms and custody consequences as a contested finding.

Statute: 23 Pa.C.S. §§ 6106–6108[1][2]

Defenses & record relief

A PFA is a civil order, not a conviction, but its firearms, housing, and custody consequences are immediate and can last up to three years — the hearing within ten business days is the point to prepare for, not something to walk into unrepresented.

PFA vs. criminal charges · assault vs. domestic violence charges · preliminary hearing lawyer

Protection From Abuse Process in Pennsylvania: orders, grading, and maximum exposure under 23 Pa.C.S. §§ 6106–6108
Order, offense & grading	Maximum exposure
Ex parte temporary order — § 6107 Entered the same day on the petitioner's sworn statement alone, without the defendant present, where immediate and present danger is alleged.	In effect immediately, until the final hearing
Final hearing — § 6107 Both parties appear and present evidence; the temporary order remains in force until the hearing concludes.	Must occur within 10 business days of filing
Final PFA order — § 6108 Entered on a preponderance-of-the-evidence finding of abuse or by consent, with no-contact, exclusion, and custody terms.	Up to 3 years
Firearm relinquishment — § 6108(a)(7) Requires surrender of firearms, ammunition, and licenses, typically within 24 hours, through law enforcement, a licensed dealer, or a third party under § 6108.2 or § 6108.3.	For the duration of the order
Federal firearms exposure — § 922(g)(8) Applies once a final order includes the required findings and notice, independent of any state charge.	Federal felony exposure for possession while subject to a qualifying order
Consent order without admission The defendant agrees to the order's terms, which still triggers the firearms and custody consequences of a finding of abuse.	Same relief and duration as a contested order
Extension of a final order A petitioner can seek to extend an expiring order by showing a continued reasonable fear of abuse.	Up to additional periods at the court's discretion
Indirect criminal contempt for violation — § 6114 A separate proceeding triggered only after the order is entered and allegedly violated.	Up to 6 months imprisonment, $300–$1,000 fine per violation

Statutory maximums are ceilings, not expected outcomes. A Protection From Abuse order is a civil order decided by a preponderance of the evidence; criminal charges require proof beyond a reasonable doubt, and the two proceedings can reach different results.

Jurisdiction & court process

Where a pfa process matter is heard.

Filing at the Court of Common Pleas civil division

A PFA petition is filed in the civil division of the county Court of Common Pleas where the petitioner lives, not the criminal division, and there is no filing fee. Dauphin, Cumberland, York, and Adams counties each staff an emergency or on-call judge specifically so that a petition alleging immediate danger can be reviewed the same day it is filed, including after hours or on weekends through an on-call system.

The ex parte temporary order stage

When a petition alleges immediate and present danger, the judge reviews it without the other party present and can enter a temporary order the same day under § 6107. This is the point at which someone can be excluded from their home, restricted from contact with their children, or required to surrender firearms before ever having a chance to respond — the process is intentionally front-loaded toward protecting the petitioner while a hearing is scheduled.

The final hearing

Both parties, typically with counsel, appear before a judge within ten business days. Testimony is taken, exhibits and witnesses can be presented, and the petitioner must prove abuse by a preponderance of the evidence. This is a full evidentiary hearing, not a formality — the outcome determines whether a three-year order, with all its collateral consequences, is entered against the defendant.

Interaction with a parallel criminal case

The same incident that supports a PFA petition often also generates criminal charges under statutes like § 2701, § 2702, § 2706, or § 2718. The civil PFA case and the criminal case proceed on separate dockets with different standards of proof, but testimony given in one can be used in the other, and the strategy in each needs to account for that overlap from the outset.

How we handle pfa process matters.

Contest the immediate-and-present-danger showing
An ex parte temporary order requires more than a general allegation of past conduct — it requires a showing of immediate and present danger. Where the petition describes older or isolated incidents without a current threat, that gap is worth raising at the earliest opportunity.
Prepare for a real evidentiary hearing, not a formality
Because the final hearing happens within ten business days, defendants often show up unprepared, assuming the process is routine. It is a full hearing under the preponderance standard, and testimony, documents, and witnesses can all be presented and challenged.
Scrutinize whether the relationship qualifies under § 6102
The PFA Act only covers specific categories of relationship — spouses, former spouses, intimate partners, relatives, and those who share a child. Where the relationship doesn't fit those categories, the petition may not qualify for PFA relief at all, regardless of the underlying allegations.
Weigh the consequences of a consent order carefully
Agreeing to a consent order avoids a contested finding of abuse, but it still triggers firearm relinquishment, can affect custody, and remains on record as a civil PFA order for its full term. It should never be treated as a purely cost-free way to end the hearing.
Coordinate with any parallel criminal case
Testimony given at a PFA hearing can be used against a defendant in a related criminal prosecution. Any statement made or evidence offered in the civil proceeding needs to be evaluated against its effect on the criminal exposure before it's given.
Address firearms compliance immediately
Once a qualifying final order is entered, relinquishment under § 6108(a)(7) and federal exposure under § 922(g)(8) attach quickly. Documenting timely, complete compliance protects against a separate contempt or federal charge layered on top of the PFA itself.

Where we appear

PFA and domestic-allegation defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas — civil and criminal divisions — in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other domestic-violence and PFA guides.

FAQ

Frequently asked questions.

Common questions about pfa process in Pennsylvania — procedure, consequences, and the defenses that actually matter.

No. A Protection From Abuse order is a civil remedy under Title 23, decided by a preponderance of the evidence. Pennsylvania has no standalone criminal offense called domestic violence — related criminal charges, if any are filed, come from ordinary Title 18 statutes like simple assault or terroristic threats and require proof beyond a reasonable doubt in a separate proceeding.
A temporary order can be entered the same day the petition is filed, without the other party present, if the petition alleges immediate and present danger under § 6107. A final hearing, where both sides appear, must then be held within ten business days.
Not necessarily. The temporary order stage is ex parte by design, meaning the judge reviews only the petitioner's sworn statement. The defendant's opportunity to respond comes at the final hearing within ten business days, not before the temporary order takes effect.
The petitioner must prove abuse, as defined in § 6102, by a preponderance of the evidence — that it is more likely than not that abuse occurred. That is a substantially lower standard than the beyond-a-reasonable-doubt standard required for a criminal conviction.
Up to three years under § 6108, though a petitioner can seek an extension before it expires by showing a continued reasonable fear of abuse.
Relief available under § 6108 includes no-contact and stay-away provisions, eviction from a shared residence and exclusive possession of it, temporary custody or visitation terms, and mandatory relinquishment of firearms, ammunition, and licenses under § 6108(a)(7).
Not necessarily. Many cases end in a consent order in which the defendant agrees to the order's terms without admitting the underlying allegations. The order still carries the same duration and consequences, including firearm relinquishment, as a contested finding.
In the civil division of the Court of Common Pleas in the county where the petitioner lives, with no filing fee. It is a separate docket from any criminal case that might arise from the same conduct.
Yes. A final order can include temporary custody terms under § 6108, and a PFA finding is also weighed under the custody best-interest factors in a separate custody proceeding.
A defendant who fails to appear risks a final order being entered based on the petitioner's testimony alone, since the hearing can proceed in the defendant's absence. Attending and presenting a defense at the ten-business-day hearing is the primary opportunity to contest the petition.

[1]23 Pa.C.S. § 6102 — Protection From Abuse definitions — what counts as 'abuse' and who qualifies as a family or household member for PFA purposes.
[2]23 Pa.C.S. § 6106 — Commencement of PFA proceedings — who may file a petition and the verified-petition requirements.
[3]23 Pa.C.S. § 6107 — PFA hearings and temporary orders — the final hearing is set within ten business days of filing; ex parte temporary relief requires immediate and present danger of abuse.
[4]23 Pa.C.S. § 6108 — Relief available in a PFA order — no-contact, eviction and exclusive possession, temporary custody, and firearms relinquishment under § 6108(a)(7); a final order may last up to three years.
[5]23 Pa.C.S. § 6108.2 — Relinquishment for consignment sale, lawful transfer, or safekeeping — the mechanism for surrendering firearms ordered relinquished under a PFA.
[6]23 Pa.C.S. § 6113 — Arrest for violation of a PFA order — police may arrest without a warrant on probable cause that the defendant violated the order.
[7]23 Pa.C.S. § 6114 — Indirect criminal contempt for violating a PFA order — up to six months imprisonment and a fine of $300 to $1,000 per violation.
[8]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
[9]18 U.S.C. § 922(g) — Federal firearms prohibitions — § 922(g)(8) covers persons subject to a qualifying protective order and § 922(g)(9) covers misdemeanor crimes of domestic violence.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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