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How do I get a restraining order in Pennsylvania?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Pennsylvania's PFA Act is the centerpiece of its civil protection scheme.

1. Types of Protective Orders

  • Protection From Abuse (PFA) Order — 23 Pa.C.S. §§ 6101-6122.
  • Protection of Victims of Sexual Violence or Intimidation (PSVI) — 42 Pa.C.S. §§ 62A01-62A20 (non-family stalking/sexual violence).
  • Older Adults Protective Services — 35 P.S. §§ 10225.101 et seq.
  • Extreme Risk Protection — Pennsylvania has no red-flag law (proposed but not enacted).
  • Common Law Equity Injunction — Pa. R. Civ. P. 1531 for workplace/stranger harassment.

    • 2. Eligibility

    PFA requires "family or household member" relationship (23 Pa.C.S. § 6102): spouse, former spouse, blood/affinity relatives, current/former sexual or intimate partners (including dating), parents of a child, persons who share biological parenthood. PSVI requires no relationship.

    3. Filing

    File in Court of Common Pleas (Family Division) in the county where plaintiff or defendant resides, or where abuse occurred. No filing or service fee (§ 6106(b)). Emergency PFAs available after-hours through magisterial district judges.

    4. Emergency / Ex Parte (Temporary PFA)

    Same-day review on showing of "immediate and present danger of abuse" (§ 6107(b)). Temporary order lasts until final hearing, set within 10 business days (§ 6107(a)).

    5. Final Hearing

    Preponderance standard. Defendant must be personally served. Both parties may present testimony, exhibits, witnesses. Cross-examination allowed; counsel common but not required.

    6. Permanent Order Duration

    Up to 3 years (§ 6108(d)); may be extended on motion if continued risk shown (§ 6108(e)).

    7. Enforcement

    Indirect criminal contempt under § 6114: up to 6 months jail and $1,000 fine; arrest mandatory on probable cause of violation under § 6113. Federal firearm prohibition under 18 U.S.C. § 922(g)(8); Pennsylvania requires firearm relinquishment within 24 hours under § 6108(a)(7).

    8. Modification / Termination

    Either party may petition to modify, extend, or vacate under § 6108(e); defendant rarely succeeds without consent.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Defendant has retained counsel for the final hearing
    • Custody is contested in the PFA
    • Defendant is a police officer or holds an LTC
    Related Statutes & Laws
    • 23 Pa.C.S. §§ 6101-6122
    • 42 Pa.C.S. §§ 62A01-62A20
    • 23 Pa.C.S. § 6114
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.