Category: Protection from Abuse – PFA

No PFA Restraining Order with a Hearing, Says PA Court

One of the fundamental rights guaranteed by our Constitution is due process, the right to notice and an opportunity to be heard in court. Laws that impair due process are narrowly construed, but they do exist, such as the law that authorizes temporary protection from abuse (PFA) restraining orders. Under Pennsylvania law, the defendants are not entitled to receive notice or an opportunity to be heard before a temporary PFA […]

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Teen Who May Have Been Abused Should Testify in Domestic Violence Hearing

“Be careful what you ask for. If you tell the authorities that your ex committed child abuse and cannot prove it, your credibility might be doubted when you really need it later.” That’s the advice I would give to the Father who successfully appealed in T.H. v. M.H., No. 1204 WDA 2011 (February 25, 2013), a non-precedential opinion of the Superior Court of Pennsylvania. The Father in that case appealed […]

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