Two clients were able to safely restart their relationship today after Kenny, Burns & McGill helped to have their Philadelphia PFA orders dismissed.
As a bit of background: a PFA order is a Protection From Abuse order. A person who has suffered threats or abuse by a family member or romantic partner may apply for a PFA order.
PFA relief is not available to neighbors and friends; only those associated by blood, marriage, or romantic relationships. A PFA order can be entered by the Court for up to three years. A party can even ask for another 6 months if the facts allow.
Not every threat or abuse is a criminal act. Sometimes the police say that the actions of a would-be defendant do not rise to the level of criminal charges. The police may tell such an aggrieved party to apply for a PFA.
A PFA is a civil proceeding that takes place in family court, and it is up to a family court judge to decide if the defendant can be stopped from harassing or abusing their loved one.
A PFA order can hinder one from obtaining a firearms license or participating in school activities with one’s children. A PFA order also comes up if the police run a background check. If someone violates a PFA order then the police can arrest you for Indirect Criminal Contempt (ICC). So a PFA order can ultimately turn into criminal charges and one must be very careful when dealing with a PFA.
In our case, our two clients suffered a very difficult period in their relationship. They then filed and obtained Philadelphia PFA orders against one another.
After some time, they both agreed that they were no longer in danger from one another and they wanted to resume their relationship now that the dust had settled.
That is where Kenny, Burns & McGill came in. Both clients hired Thomas Kenny to help petition the court for relief. After waiving their potential conflicts of interest, Attorney Kenny counseled both clients individually about their respective positions.
Attorney Kenny then filed motions to withdraw the PFA and a hearing was held in the Philadelphia Family Court. After hearing legal argument from Attorney Kenny and hearing from both petitioners, the Court dismissed both Philadelphia PFA orders “with prejudice,” meaning that neither party can bring that PFA order back into court.
If you or a loved one has a legal problem and do not know where to go, call or text the legal team at Kenny, Burns & McGill today for immediate help: (215) 423-5500.
Whether it is a Philadelphia PFA, a Bucks County DUI, a Montgomery County Homicide, a Lancaster County drug bust, a Delaware County warrant…. we are here to help. Our experienced criminal defense team is ready 24/7.
By
Kenny, Burns & McGill
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Published
May 19, 2021
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Posted in
Civil Litigation, Firm News
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Tagged Criminal defense, PFA, Philadelphia