We all deserve to move on from an unfortunate or fragile past. We all deserve to move on and not relive a hostile, emotional driven and bitter divorce or breakup. For so long, a Protection from Abuse Order remained a matter of public record even in circumstances where the parties agreed to a consent decree where there was no finding of fact or guilty but where one or more of the parties agreed to no contact. Recently, a new Pennsylvania law was signed into law that provided peace of mind Until recently a Protection from Abuse Order remained a matter of public record even where there was no finding of fact or guilt. That is changing. Need to learn more, contact us now at Ciccarelli Law Offices or call us at (610) 692-8700.
Can I get my PFA Order Sealed or Expunged in Pennsylvania?
Until recently, a PFA could not be sealed under any circumstances. That has changed under Title 23 of section 6108.7 of the Protection from Abuse Statute in Pennsylvania that now allows a petition to petition the Court for relief under certain circumstances including:
(1) The consent agreement for which the individual seeks relief under this section is the only such consent agreement to which the individual has ever been subject and that, during the period in which the consent agreement was in effect, the individual did not violate an order or consent agreement under section 6108.
(2) A period of at least ten years has elapsed since the expiration of the consent agreement.
(3) The individual has not been subject to another final protection from abuse order under section 6108.
(4) The individual has not been convicted of one of the following offenses where the victim is a family or household member:
(i) An offense set forth in 18 Pa.C.S. § 2711 (relating to probable cause arrests in domestic violence cases).
(ii) An offense equivalent to subparagraph (i) under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.
How do I Seal my PFA Order and What Steps Must I take?
In order to get your PFA sealed you must file a petition in Court and:
(1) The petitioner shall serve a copy of the petition under subsection (a) to the district attorney and to the plaintiff within ten days of the filing of the petition.
(2) The district attorney and the plaintiff shall have an opportunity to be heard at the hearing.
(3) Within 30 days of receipt of notice, the district attorney or plaintiff may file objections to the petition.
(4) If no objection under paragraph (3) is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.
(5) As used in this subsection, the term “plaintiff” means the person who entered into the consent agreement with the defendant.
Protect Your Rights with the Help of Experienced PFA Attorneys
Do you have more questions? Contact our experienced team to learn your rights in sealing your PFA Order and moving on with your life. Our team defends and represents PFA clients in Pennsylvania and the greater Philadelphia Metro area including but not limited to Chester County, Lancaster County, Delaware County, Montgomery County, Berks County, Bucks County. Learn more by reaching out to a member of our team who can help you with a protection from abuse, domestic violence, and family and domestic litigation issues.