How Pennsylvania PFAs and Domestic Violence Charges Collide, and What That Means for You
You never expect a phone call, an argument, or a bad night at home to turn into criminal charges and a court order telling you where you can live and who you can talk to. Yet in Pennsylvania, that is exactly what happens to many people every day when a domestic dispute leads to both criminal charges and a Protection From Abuse order, often called a PFA.
At Muckler Law, LLC, we understand how overwhelming this can feel. One incident can suddenly mean two different court cases, two judges, and serious consequences for your freedom, your family, and your future. In this post, we explain how Pennsylvania PFA and criminal charges work together, what happens at a PFA hearing in PA, and why it is so important to have a criminal defense lawyer who also understands PFAs on your side.
Criminal Domestic Violence Charges Versus PFAs In Pennsylvania
In Pennsylvania, there is no single crime called “domestic violence.” Instead, prosecutors file ordinary criminal charges, such as:
- Simple assault
- Aggravated assault
- Terroristic threats
- Stalking
- Strangulation
- Recklessly endangering another person
When these offenses involve a family or household member, a dating partner, or the parent of your child, they are treated as domestic violence cases, and police have broader power to arrest without a warrant if they have probable cause under 18 Pa. C.S. § 2711.
A Protection From Abuse order is different. A PFA is a civil court order under the Protection From Abuse Act, 23 Pa. C.S. § 6101 et seq, that is designed to stop abuse and set legally enforceable boundaries between people in certain relationships.
Key differences include:
- Who brings the case
- Criminal case: The Commonwealth of Pennsylvania, through the district attorney, prosecutes you.
- PFA case: An individual petitioner (often a spouse, partner, or co-parent) files a civil petition against you.
- Purpose
- Criminal case: To punish alleged crimes with jail, probation, fines, and a criminal record.
- PFA case: To prevent future abuse and restrict contact, often through no-contact orders, removal from the home, and temporary custody terms.
- Standard of proof
- Criminal case: Proof beyond a reasonable doubt.
- PFA final hearing: A lower civil standard, usually preponderance of the evidence.
Although these are separate cases, they often arise from the same 911 call and the same set of facts. What you say and how you handle one case can affect the other, which is why it is so important to treat both seriously.
How A 911 Call Can Trigger Both A Criminal Case And A PFA
Many Pennsylvania domestic violence cases begin with a 911 call. That call can lead to several things happening very quickly.
Police Response And Mandatory Arrest
Under Pennsylvania law, police officers who respond to a domestic violence report can arrest without a warrant when they have probable cause to believe certain crimes were committed against a family or household member. These include simple assault, aggravated assault in certain subsections, terroristic threats, stalking, strangulation, and other violent offenses.
In practice, this means:
- Officers do not need to see the incident happen.
- If there are injuries, visible damage, or statements that support probable cause, someone will often be arrested.
- The alleged victim does not control whether charges are filed later. That decision belongs to the prosecutor.
The 911 recording itself can be used as evidence in a criminal case, and prosecutors often rely heavily on it.
Filing For A Protection From Abuse Order
At the same time, the person who called 911 (or another protected party) may seek a PFA. Under the Protection From Abuse Act, PFAs are available to protect:
- Spouses and former spouses
- People who live together or have lived together as intimate partners or family
- Parents and children
- Current or former sexual or intimate partners
- Individuals who share a child together
The petitioner can file for a PFA at the courthouse, and in emergency situations, there are procedures for after-hours or holiday protection. The PFA case may move forward even if you are in jail on related criminal charges.
The bottom line is that a single 911 call can set off two tracks at once:
- A criminal case brought by the Commonwealth
- A civil PFA case brought by an individual
You need a plan for both.
What A Temporary PFA Does
When someone files a Protection From Abuse petition, a judge can issue a temporary PFA the same day, often without you being present. This is called an ex parte order. It is based only on the information the petitioner provides.
A temporary PFA can:
- Order you to have no contact with the petitioner and sometimes children
- Remove you from the home, even if your name is on the lease or deed
- Prohibit you from going to the petitioner’s residence, workplace, or school
- Order temporary custody and visitation arrangements
- Require you to surrender firearms and prohibit you from possessing or buying guns while the order is in effect
You will be served with the paperwork that explains the temporary order and gives you a date for a final PFA hearing. Violating a temporary PFA is serious. Even though it is a civil order, violating it can lead to indirect criminal contempt charges, jail time, fines, and a permanent record of the violation.
Because the temporary order is issued without your side of the story, it often feels unfair and one-sided. That is why the final hearing is so important, and why it is critical to talk with a domestic violence PFA lawyer in Luzerne County as soon as you are served.
What Happens At A Final PFA Hearing In PA
A final PFA hearing typically takes place within about ten days of the temporary order, though continuances can be granted. This hearing is your opportunity to defend yourself and present your version of what happened.
At a final PFA hearing:
- Both sides can testify and present witnesses
- Each side can submit documents, photos, text messages, social media evidence, and other exhibits
- You have the right to cross-examine the petitioner and any witnesses
- The judge decides whether the petitioner has proven abuse as defined in the statute by a preponderance of the evidence
If the judge grants a final PFA, it can last for up to three years, and in some cases, it can be extended. Final orders can include:
- No contact provisions
- Stay-away requirements from home, work, or school
- Temporary custody and visitation terms
- Financial provisions, such as payment of certain expenses
- Firearm surrender and ongoing prohibition
If the judge denies the final PFA, the temporary order is lifted, and the case is dismissed. However, the related criminal charges do not automatically go away.
Because what you say at a final PFA hearing can be used against you in a related criminal case, we strongly recommend that you never walk into that hearing alone. Our role is to protect your rights in both arenas and to help you make strategic decisions about testimony, evidence, and possible agreements.
How PFAs Affect Housing, Custody, Employment, And Daily Life
Many people think of PFAs as “just a piece of paper.” In reality, having a PFA against you can change nearly every part of your life in Northeastern Pennsylvania.
Housing And Where You Can Live
A PFA can:
- Order you to immediately leave your home
- Prevent you from returning to retrieve belongings except with law enforcement present
- Prohibit you from moving within a certain distance of the petitioner
If you are removed from your home, you may have to quickly find and pay for a new place to live. If your housing is tied to your relationship, such as living with a partner’s family, you may lose that option entirely. Violating the stay-away terms, even accidentally, can lead to arrest for contempt.
Custody And Parenting Time
PFAs often include temporary custody provisions. A judge can:
- Grant the petitioner temporary physical and legal custody of children
- Limit your contact to supervised visitation
- Restrict phone or electronic contact
- Prohibit you from going to children’s schools or activities
These temporary terms can influence later custody decisions in family court. Judges look closely at PFA findings when deciding long-term parenting plans.
Employment And Professional Licenses
A PFA and related domestic violence charges can also affect your work:
- Background checks may show PFA findings and criminal charges
- Jobs that require firearms, such as law enforcement, security, or certain government positions, can be off-limits while a PFA is in place
- Professional licensing boards for teachers, healthcare workers, and others may take action based on domestic violence allegations and court orders
Even if you ultimately win your criminal case, a final PFA can still cast a long shadow over your record and future opportunities.
How Criminal Charges And PFAs Interact
Because criminal domestic violence charges and PFAs often arise from the same incident, they are tightly connected.
Evidence Can Flow Between Cases
Statements, texts, photos, and social media used in one case can be requested in the other. Testimony you give at a PFA hearing can be used by the prosecutor in your criminal case, and vice versa. The 911 call, police reports, and medical records are usually part of both cases.
Different Standards Can Lead To Different Results
Because the criminal case requires proof beyond a reasonable doubt and the PFA case uses a lower civil standard, it is possible to:
- Lose the PFA hearing and have a final order entered, but
- Later win the criminal case or have criminal charges reduced or dismissed
The opposite can also happen. For that reason, we plan your overall strategy with both standards in mind. We know how each judge may view the evidence, how prosecutors in Luzerne County and surrounding counties approach domestic violence, and how to use inconsistencies to your advantage.
Violating A PFA Leads To New Criminal Trouble
Even if the underlying criminal charges are minor, violating a PFA exposes you to separate criminal contempt charges. Police can arrest you if they have probable cause to believe you violated the order, even for something that seems small, such as:
- Replying to a text or call
- Showing up at a shared child’s school event
- Driving past the home or workplace too closely
Courts treat contempt of PFA orders very seriously. A single violation can lead to up to six months in jail and fines, along with a lasting record.
Why You Need A Criminal Defense Lawyer Who Also Handles PFAs
When you are accused of domestic violence in Pennsylvania, you are really facing two overlapping legal problems, not one. You need a lawyer who understands both.
At Muckler Law, LLC, our practice is built around criminal defense, including domestic violence cases, harassment and stalking charges, and PFAs. We defend clients across Northeastern Pennsylvania, including Luzerne County, Lackawanna County, and surrounding communities such as Wilkes-Barre, Hazleton, Pittston, Nanticoke, and Scranton.
Here is why that matters.
Unified Strategy For Both Cases
We do not treat your criminal case and your PFA as separate worlds. Instead, we:
- Review all police reports, 911 recordings, photos, and messages together
- Identify inconsistencies in the petitioner’s story between the criminal complaint and the PFA petition
- Decide carefully whether you should testify at the PFA hearing, knowing how that might affect the criminal case
- Explore resolution options that minimize risk on both fronts, not just one
Our goal is to protect your freedom and your record while also addressing the immediate impact of a PFA on your home and family.
Experience On Both Sides Of The Courtroom
Firm founder Matthew T. Muckler is a former Luzerne County Assistant District Attorney who now focuses his practice on defending people accused of crimes, including domestic violence offenses.
That background gives us insight into how prosecutors evaluate domestic violence evidence, when they are likely to push for jail, and what might make them agree to reduced charges or alternative resolutions. We use that knowledge to negotiate effectively and to prepare for trial when necessary.
Focus On Real Life Impact
We know that a domestic violence allegation is not just a legal problem. It is a life problem. We talk with you about:
- Where you can live in the short term
- How to comply with PFA terms while still seeing your children if allowed
- How to avoid accidental violations that could land you back in court
- How to answer questions from employers or licensing boards if needed
Our approach is practical and focused on the whole picture, not just one hearing.
Contact Muckler Law, LLC, Today for a Consultation About Your Case
If you have been accused of domestic violence in Pennsylvania and are facing both criminal charges and a Protection From Abuse order, you do not have to figure this out alone. One mistake or one unprepared hearing can have consequences that last for years.
At Muckler Law, LLC, we take these cases very seriously. We bring:
- Extensive criminal defense experience in courts throughout Northeastern Pennsylvania
- Specific knowledge of Pennsylvania PFA and criminal charges and how they interact
- A commitment to clear communication, so you understand each step of the process
- Aggressive advocacy in both criminal court and PFA hearings
We handle cases for people in Luzerne County and beyond who need a domestic violence PFA lawyer who understands what happens at a PFA hearing in PA and how that hearing can shape your future.
We invite you to reach out to us today. You can call our Kingston office at 570-908-4069 or contact us through our website to schedule a free, confidential consultation about your situation.
Tell us what happened. We will listen, explain your options, and start building a strategy to protect your rights, your record, and your future.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
