File for or defend against a Petition for an Order for Protection
Helping you make informed, intelligent decisions during difficult times.
Over the course of more than 31 years of legal practice, Philadelphia restraining order lawyer Douglas P. Earl has handled more than a thousand cases involving protection from abuse orders (PFAs). Whether you are the survivor of domestic violence or have been accused of domestic abuse, you can trust him to protect you and your rights.
At the Law Office of Douglas Earl LLC, we are in family court nearly every day of the week and have handled cases like yours many times over. We will do what it takes to help you through these difficult proceedings.
Tough, Aggressive Representation anywhere in Pennsylvania including Bucks, Chester and Delaware Counties, Philadelphia — 24-Hour Emergency Consultations
A successful Protection From Abuse (PFA) petition or a successful defense of a Protection From Abuse petition involves knowing what happens in the courtroom and what witnesses, police reports, medical reports, text messages, instagram, facebook, or social media are important to your case. PFA petitions are also used by parents trying to get an edge in a Child Custody case. Domestic Abuse is a state mandated factor in child custody cases.
The consequences of a PFA Order are very serious. If a person is accused of violating a PFA order he or she can be arrested if you pay the mortgage a Judge can evict you from your home for up to 3 years. A person can lose their gun permit or firearm.
Since the factual allegations in a Protection From Abuse case often are similar to allegations of assault that the police investigate it is common that a person is arrested and a PFA petition is filed. Douglas p. Earl, Esquire has represented people in both Family Court and Criminal Court
Once a PFA petition is filed. The person filing the PFA petition will be taken to see a Judge who will ask you questions. Your boyfriend, girlfriend, spouse, or relative will not be present. A Temporary PFA Order will be entered after seeing the judge. The next court date will be the full PFA hearing in which you and your ex are supposed to be present. An Affidavit of Service that is in the PFA packet has to be handed to the court officer on the day of your PFA hearing. In order to have a completed Affidavit of Service form you have to call 911 from a location near the home as soon as possible after receiving the Temporary PFA of the person you filed against. You wait for the police. You give the police a copy of the PFA order scheduling the PFA Order and PFA petition to serve your ex. The police will complete the Affidavit of Service for you to give the court officer on the day of your PFA hearing.
Many things can happen once a Temporary PFA order is issued. Sometimes the Temporary Order schedules a hearing only. Many times the Temporary Order has more than scheduling a hearing in it. You can be evicted from your home until the full PFA hearing is scheduled. Oftentimes the eviction happens on the word alone of the person filing the PFA petition. A person who has a Temporary PFA usually is forced to surrender his or her firearm.
Douglas P. Earl, Esquire will prepare you for your PFA hearing. It is often a quick turnaround for the scheduling of a PFA hearing – less than 10 days. Douglas P. Earl, Esquire will prepare questions for you to answer and questions to cross examine your ex with. Mr. Earl will work to get police reports, instagram information, texts, facebook, cell phone video information. During the past 35 years Mr. Earl has represented over 1000 people in PFA cases.
October 30, 2023: M.N.W. vs. D.G.M., Protection from Abuse – Douglas P. Earl, Esquire represents D.G.M. against a Protection from Abuse Petition filed by his ex-live in girlfriend M.N.W. Judge dismisses PFA petition. M.N.W. claimed that D.G.M. assaulted and intimidated her. She testified that she was afraid of D.G.M. Douglas P. Earl, Esquire was ready with a strong cross examination and defense. Ex-girlfriend had their six year old daughter testify. Two sisters of D.G.M. testified. One sister testified that she was on the phone with D.G.M. and overheard an argument but no threats or violence. The second sister testified that the six year old child of M.N.W. and D.G.M. went to her house after the argument for dinner and the child was fine.
June 28, 2023: B.B. vs. G.T., Protection from Abuse – Douglas P. Earl, Esquire represents B.B. in a Petition for Reconsideration of a Protection from Abuse Petition B.B. filed. The Court had dismissed the Protection from Abuse Petition of B.B. when B.B. represented himself. The Court in the Reconsideration with Mr. Earl representing B.B. granted a final Protection from Abuse Order against G.T. The Court was able to see evidence of text messages from G.T. to B.B. B.B. also testified.
September 15, 2022 – K.C. vs. V.G. Douglas P. Earl, Esquire represented K.C. in a Protection from Abuse Petition against V.G. Court heard testimony that K.C. was threatened and placed in fear of harm by V.G. K.C.’s Protection from Abuse Petition is granted after a contested hearing.
October 1, 2020 – Protection From Abuse petition filed by mother of client’s children is dismissed after a contested hearing. Mother claimed that my client the Father told her “He was going to whoop my ass.” Mother claimed that Father in the past had busted her lip, and pulled her hair. Mother testified that she was afraid of Father. Defense successful that Mother was trying to get an advantage in custody court, that there was no police involvement, medical care, and there was no text messages. V.D. vs. J.M., Case No. 2009V7199. Beware that a Protection From Abuse (PFA) Order or Restraining Order is often used to gain an advantage in Custody proceedings and/or also to have exclusive possession of a residence.
Beware that your spouse, girlfriend, boyfriend, partner may file a Petition for a Protection From Abuse Order or Restraining Order and the police may also arrest you for assault. If so you have to deal with your spouse, girlfriend, boyfriend, partner and being arrested. Douglas P. Earl can help you and be with you every step of the way.
What is a Protection from Abuse Order?
A Protection from Abuse (PFA) Order is the same thing as a restraining order. Under the Protection from Abuse Act, you have the right to go to court and ask a judge to grant a PFA order, which can set limits on the contact that the person who committed the acts of abuse can have with the person who requests the order. A PFA is a civil order, not a criminal order. The violation of a PFA is a criminal matter and could be addressed by the police and/or the District Attorney’s Office. The court order may include any of the following:
Stopping the abuser from further acts of abuse;
Evicting the abuser from your household;
Keeping the abuser from going to your home, school, or job;
Giving you or the other parent temporary custody of, or temporary visitation, with your child or children
Filing a Protection From Abuse Order
If you are the victim of domestic abuse, your safety is our number one priority. We have filed countless protection from abuse orders for survivors of family violence, such as spousal abuse or child abuse.
We will help you obtain a restraining order/PFA to prevent your spouse from coming in contact with you or your children. We represent clients who need temporary PFAs during divorce proceedings and individuals who need something more permanent.
Actual case – Douglas P. Earl, Esquire obtained a substantial settlement for parents whose child was molested at a birthday party.
Defending Against Protection From Abuse Orders
Actual Case – Douglas P. Earl, Esquire successfully defended father accused falsely accused by his ex-wife of molesting their three year old daughter.
If your spouse or significant other has filed — or has threatened to file — a PFA, a lot is at stake. You may face eviction from your home and time in jail. You may be separated from your children and your name may be put on a registry, creating a social stigma that is difficult to shake. All of this could happen, even if you are the innocent victim of false allegations or a spouse’s attempt to gain an edge in child custody.
The best defense against these serious allegations is an experienced Pennsylvania PFA defense lawyer. Douglas P. Earl is not only a family law attorney — he is also a criminal lawyer who understands both the civil and criminal implications of these domestic violence cases. He will investigate your case and work hard to prove that the allegations are false or otherwise unwarranted.
Douglas P. Earl is in court on a daily basis. He will prepare you. He will go over the allegations. Preparation includes going over direct examination, cross examination, witnesses, possible outcomes. There are two parts to a Protection From Abuse Petition. The first part is the claim about the most recent incident of claimed abuse. The second part is about allegations of past abuse.
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