If you’re a parent worried about your child’s safety, you might have wondered if you can file a Protection From Abuse (PFA) order for them in Pennsylvania. The answer is yes—under the right circumstances. In this article, we’ll explore when and how you can get a PFA for your child, what the process looks like, and whether it’s the right step for your family.
Along the way, I’ll share some real-life examples and practical tips to help you feel more confident navigating what can be a tough and emotional decision. Let’s break it all down.
What is a Protection From Abuse Order?
A PFA is a court order designed to protect someone from physical harm, harassment, stalking, or threats. In Pennsylvania, PFAs are most often sought in cases of domestic violence, and they can cover spouses, ex-partners, and even non-romantic family members like a parent or child.
Why Would a Child Need a PFA?
Children, unfortunately, can also become victims of abuse. If your child is being physically harmed, threatened, or subjected to emotional abuse by someone, a PFA could be a critical tool in keeping them safe. For instance:
- A divorced parent’s story: A mom I know discovered that her ex-husband, during his court-ordered visitation, was not only screaming at their 9-year-old daughter but also locking her in a dark room as punishment. The child was terrified, and the mother felt helpless—until she learned that she could file a PFA to protect her daughter.
Can You File a PFA on Behalf of Your Child?
Yes, as a parent or guardian, you can file a PFA for your child. In Pennsylvania, minors cannot file PFAs on their own, but an adult—typically a parent—can act on their behalf. This process can help shield your child from further abuse and limit the abuser’s ability to contact or harm them.
When Should You Consider Filing a PFA for a Child?
Here are a few scenarios where filing a PFA may be appropriate:
- Physical Abuse: If someone (a parent, step-parent, or even a family friend) is physically harming your child.
- Threats of Harm: Even without physical injury, credible threats of violence against your child can justify a PFA.
- Sexual Abuse: Any suspicion or confirmation of sexual abuse is grounds for immediate action.
- Severe Emotional Abuse: While harder to prove, constant threats, intimidation, or emotional manipulation can also be grounds for a PFA.
Steps to File a PFA for Your Child in Pennsylvania
Step 1: Recognize the Signs of Abuse
The first step is to determine whether your child is experiencing abuse. Some signs include:
- Unexplained injuries (bruises, cuts, burns)
- Changes in behavior (withdrawal, anxiety, or aggression)
- Fear of being around a certain individual
- Direct disclosures of harm
A dad’s experience: One father noticed his son flinching every time his stepmother raised her voice. It wasn’t until his son finally opened up about being hit with a belt that the dad realized he needed to take legal action.
Step 2: Seek Immediate Safety
If you believe your child is in immediate danger, call 911 or contact Pennsylvania Child Protective Services at 1-800-932-0313. Removing your child from the harmful environment should be your top priority.
Personal insight: A single mother I once spoke to packed her two kids into the car in the middle of the night to escape an abusive stepfather. She called CPS the next morning and was able to start the PFA process right away.
Step 3: File for a Temporary PFA
To file a PFA for your child, visit your local courthouse and explain your situation to the Prothonotary. Be sure to bring:
- Identification
- Evidence of abuse (photos of injuries, medical records, threatening messages)
- Witnesses or third parties who can corroborate the abuse
The court will usually issue a Temporary PFA if they believe your child is at risk. This order provides immediate protection and typically lasts until a formal hearing can be held (usually within 10 days).
Step 4: Prepare for the Hearing
At the hearing, you’ll need to present evidence to the judge to demonstrate why a Final PFA is necessary. Here’s what you can do to prepare:
- Gather Evidence: Include any documentation of abuse, such as text messages, emails, or photos.
- Consult an Attorney: While not mandatory, a family lawyer can strengthen your case.
- Speak Calmly and Honestly: Judges understand the emotional nature of these cases but will appreciate a clear and factual presentation.
Tip from experience: One mom brought her son’s therapist to testify about the psychological toll of his stepdad’s behavior. It made a significant difference in securing the PFA.
What Does a PFA Do?
Once granted, a PFA can:
- Order the abuser to stay away from your child (and sometimes your entire family)
- Prohibit any form of contact, including phone calls, texts, or emails
- Require the abuser to surrender firearms
- Grant temporary custody to the non-abusive parent
Potential Challenges and How to Overcome Them
“What if the Abuser is the Other Parent?”
This situation can get tricky, especially if there’s an existing custody order. However, a PFA can override custody arrangements temporarily to protect the child. You may need to file for an emergency custody modification alongside the PFA.
A lawyer’s advice: One attorney I know often works with clients in this exact scenario. He recommends keeping detailed logs of concerning incidents and filing for both the PFA and custody changes at the same time.
“What if the Court Doesn’t Believe Me?”
It’s a heartbreaking reality that some courts may be hesitant to grant PFAs without solid evidence. If you face skepticism, here’s what you can do:
- Gather as much documentation as possible.
- Bring in witnesses who can testify on your child’s behalf.
- Consider hiring an expert, such as a child psychologist, to explain the impact of the abuse.
Personal insight: I once knew a parent who was initially denied a PFA due to “insufficient evidence.” She went back with police reports, medical records, and testimony from her child’s teacher. The court reversed its decision and issued the PFA.
Alternatives to PFAs
If a PFA doesn’t seem like the right fit, you still have options:
- Child Protective Services (CPS): Reporting to CPS can trigger investigations and protective measures.
- Emergency Custody Orders: If abuse is linked to custody disputes, an emergency custody order may provide immediate protection.
Final Thoughts: Protecting Your Child’s Safety Comes First
Deciding whether to file a PFA for your child isn’t easy. It’s emotionally draining, and the process can feel overwhelming. But remember, you’re not alone. Many parents have walked this road and found relief in knowing their child is safer.
A final anecdote: One parent shared with me how terrified she was to stand up to her child’s abuser, who was a close family member. But after filing the PFA, she found her voice—and her child found peace.
If you’re unsure about your next steps, reach out to local resources, a family lawyer, or Pennsylvania’s domestic violence hotline at 1-800-799-7233. Taking action, no matter how small, can make all the difference.
By understanding your options and knowing the steps to take, you can make informed decisions that prioritize your child’s well-being. And remember, you’re stronger than you think—you’ve got this.
