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            The Attorneys at Gearty Law Offices have experience successfully defending individuals against false PFA’s that were filed against them and our Attorneys have experience successfully protecting victims of domestic violence by obtaining protection from abuse Orders.

Under Pennsylvania Law, a person can obtain a PFA by proving by the preponderance of the evidence that one or more of the following has occurred:  1. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon; 2. Placing another in reasonable fear of imminent serious bodily injury; 3.  The infliction of false imprisonment; 4.   Physically or sexually abusing minor children;  5.  Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.

A PFA can only be entered when one or the more of the above occurs by a household member, past or present intimate or sexual partner, or parties that share biological parenthood (which the Court’s have interpreted this to include step-siblings in certain situations).

Unfortunately, parties involved in Divorce and/or Child Custody proceedings have begun using PFA proceedings to try to gain an advantage in their custody or divorce proceedings and do so by bringing false allegations of abuse.  The Attorneys at Gearty Law Offices have seen numerous examples of this through the years and have been successful in getting such false PFA’s dismissed.  The law requires that the allegations brought in a PFA complaint be proven by a preponderance of the evidence and the burden of proof is on the Plaintiff.  If the Plaintiff is unable to meet that burden of proof, then the PFA must be dismissed.

In addition to defending against false PFA’s, Gearty Law also represents victims of abuse by representing them through PFA proceedings.  If you or someone you know is a victim of abuse or has had false abuse allegations brought against them, contact Gearty Law today for a free phone consultation at: 717-490-6325.