Blog

Do I Have to Move Out After a PFA?

Posted by Joseph D. Lento | May 25, 2020 | 0 Comments

If someone you live with gets a protection order against you, you may be required to move out, effective immediately. A Protection From Abuse (PFA) order can limit contact between the plaintiff and the defendant and it generally puts the burden on the defendant. If you are served a PFA order, you may be required to move out of your house or apartment until the final PFA hearings.

Forced Out of Your Home or Apartment After a PFA

A protection order can put a number of legal restrictions on someone, including where they can go, who they can talk to, and where they can stay. Even a temporary or emergency PFA can severely limit your rights. A PFA may remain in place until it is removed or reversed, and the first opportunity to challenge the PFA may not be until notice of a permanent protection order hearing.   

Under Pennsylvania statute, the relief available under a protection order may include: 

“Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff if the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff.”

If the defendant is evicted from their house or apartment after a protection order, the court may even require the defendant to continue to make rent or mortgage payments on the residence of the plaintiff if the defendant has a duty to support the plaintiff. 

Where Can I Live After a PFA? 

Housing in Philadelphia can be expensive and take a long time to find a place, submit a rental application, and get approval before moving in. If the landlord or rental agency suspects you may have been evicted related to domestic violence accusations, your rental application may suddenly be denied without explanation. 

Unfortunately, the Commonwealth will not be too concerned about the defendant's rights to find housing after a PFA. It is up to you to find a place to live if you are evicted from your household. You may be able to stay with a friend or family member until you can contact an experienced Philadelphia PFA defense lawyer. Other options include extended-stay hotel rooms. 

Your housing options may be further limited by other contact restrictions on the PFA. The protection order may prohibit contacting family members of the plaintiff or going within a certain distance of the plaintiff. For example, if the plaintiff and defendant live together in an apartment complex, the defendant may not be able to stay with a neighbor in the same apartment complex. 

Pennsylvania Attorney to Challenge Unjust PFA Orders

Pennsylvania attorney Joseph D. Lento has helped clients statewide challenge PFA orders that restrict where they can live, who they can talk to, and whether they can own a firearm. If you or a loved one is facing domestic violence charges, or a PFA order, contact attorney Joseph D. Lento today at 888-535-3686.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu