PFAs a tool for domestic violence victims, but violence doesn't always stop

Sept. 04--A protection from abuse order is a tool to aid victims of domestic violence, but there are times it may not be a simple or safe solution to stop the violence.

A protection from abuse order, or PFA, is a civil court order issued Crawford County Court of Common Pleas to guard adults and/or children from physical or sexual abuse or the threat of physical or sexual abuse from family or members of the household.

"A PFA works really well in a situation where the defendant respects a court order or the weight of the courts," said Bruce Harlan, executive director of Women's Services Inc. "But if they have contempt for the court system, it's useless. It's a piece of paper. It won't stop a bullet."

Crawford County has had at least two cases within the past few years where PFAs escalated into murder -- one from 2015 in Meadville that ended in the murder of the woman and her male abuser taking his own life in January of this year; and one in Conneautville in 2015 that ended up with a woman murdered and her male abuser convicted of first-degree murder in a 2016 trial in county court.

Once a PFA request is filed, a hearing is scheduled before a judge to evaluate the victim's credibility and risk and the judge may issue a temporary PFA even without the defendant present.

The court then schedules a hearing within 10 business days for the alleged offender to attend. At that hearing, the judge may issue a permanent PFA order that may be in effect up to three years.

If a PFA order has been entered and the defendant has violated the PFA order, the alleged abuser could be arrested and jailed pending a contempt hearing on the charge of violating the order. The defendant in a PFA order is strictly prohibited from all contact with the person who has filed for the order. If a judge finds the PFA was violated, the defendant could get up to six months in jail and a fine up to $1,000.

Though a PFA is a legal document, domestic violence victims don't need a lawyer to file one.

Filing may be made with forms provided through Women's Services' office in Meadville or the Crawford County Law Library in county Judicial Center in Meadville.

Filing also may be done through Northwestern Legal Services, a free attorney service for those who income qualify and the county law library has a list of lawyers in the Crawford County Bar Association who will provide free legal aid for PFA filings.

Often a PFA is filed by a woman against a man, but it can be the other way around, such as a parent/child situation or siblings, according to Harlan.

"A lot of times the person still loves the other person, wants to be with that person, but just wants the abuse to stop," Harlan said. "In many cases they want to be in the home with them."

But, the PFA only is one option in cases of domestic violence. Other options can be to seek shelter outside the home -- either with another relative or friend, or through Women's Services.

"We work with them to find out what kind of support system they may have if they leave," Harlan said.

When a PFA is going to be filed, the first thing Women's Services does is a danger assessment questionnaire with the victim, said Donnarae Morrison, legal advocate for Women's Services. Morrison, who has an office inside the county law library, goes over PFA filing procedures with abuse victims.

"There are 26 questions we have them answer," Morrison said. "They have to be careful. Our main concern is their safety. Is filing a PFA going to help them or put them in more danger?"

A personalized safety plan also is reviewed with the person filing the PFA, Morrison said. The safety plan covers home, work and public situations for the victim.

"We stress what to do to be safe," Morrison said. "Often filing the temporary order to the hearing is the most dangerous time."

Morrison said she's seeing a lot more violence referenced in PFAs because of the rise in drug and alcohol abuse.

"We're also seeing more mental health PFAs with victims getting hundreds of texts from their abusers saying things like they know where they are," she said.

One thing that may aid victims of domestic violence is if there is an associated criminal case with the alleged abuser -- such as a drug, alcohol or assault criminal case.

"A PFA is a civil proceeding with potential criminal penalties. If it's linked with a current criminal case then it's a more efficient way to manage it," Andrew Natalo, a Crawford County assistant district attorney, said of PFAs. Natalo prosecutes domestic violence cases in the county.

Morrison agrees saying the PFA acts as another layer of protection.

"If a person violates the PFA order often it's quicker to get them in front of a judge on that violation than trying to get them in on a bond revocation hearing," she said.

Keith Gushard can be reached at 724-6370 or by email at kgushard@meadvilletribune.com.

Crawford County Court of Common Pleas has had more than 175 protection from abuse orders filed in each of the past two years and already has more than 100 such filings this year.

2015 -- 179 PFAs filed

2016 -- 177 PFAs filed

2017 -- 110 PFAs filed through Aug. 31

Here's where to get help in filing a protection from abuse order in Crawford County Court of Common Pleas:

--Women's Services Inc., 204 Spring St., Meadville. Telephone: (814) 724-4637; 24-hour hotlines (814) 333-9766 or toll-free (888) 881-0189.

--Crawford County Law Library, Crawford County Judicial Center, 359 E. Center St., Meadville. Telephone: (814) 373-2730.

--Northwestern Pennsylvania Legal Services Meadville office, Professional Building, Fourth Floor, 231 Chestnut St., Meadville. Telephone: toll-free (800) 665-6957.

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