My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Abuse | Restraining Orders | PFAs
Montgomery County PFA Attorneys
Protect Your Rights with Restraining Order Lawyers in Montgomery County
If you have been abused by or are in fear of your spouse or romantic partner, seeking advice about protection from abuse, commonly known as a PFA, is essential. A PFA order is designed to protect the victim by forbidding the defendant from abusing, harassing, stalking, or threatening them. The PFA limits or prohibits the defendant’s contact with the victim for some time.
If you have been notified of a PFA against you as an alleged abuser, you might be anxious about your next steps and how to proceed.
When a Petition for a PFA is filed, a temporary order may be issued, resulting in the immediate eviction of one party from a shared residence. The trials in these matters are scheduled rapidly, and the parties often have little time to prepare. For this reason, it is crucial to have knowledgeable counsel.
The attorneys at Shemtob Draganosky Taylor Stein, PC are experienced in this area of law and provide thorough advocacy through PFA trials. Our attorneys represent both petitioners and respondents in these cases. For robust legal protection, whether you seek to obtain a PFA or fear you may be subject to one, reach out to our firm immediately.
Contact our trusted restraining order lawyer in Montgomery County at (215) 544-3974 to schedule a confidential consultation.
What Is a Protection from Abuse (PFA) Order?
In Pennsylvania, individuals who have experienced abuse or fear abuse may petition for protective relief from the court, which prohibits an alleged abuser from certain behaviors like contacting the victim. You may request a PFA for yourself or on behalf of your minor children. Final orders can last from six months to three years.
Under Pennsylvania domestic violence laws, abuse is defined as any of the following activities occurring between family or household members:
- Attempting to cause or causing bodily or serious bodily injury, rape, sexual assault, indecent assault, incest;
- placing another in reasonable fear of immediate serious bodily injury;
- false imprisonment;
- physical or sexual abuse of a child; or
- Repeatedly committing certain acts towards another person, such as following them, under circumstances that place the person in reasonable fear of bodily injury.
Apart from the immediate relief PFAs provide to victims, they empower individuals to take control of their situations legally and protectively. Often, the mere act of filing for a PFA can deter further abusive behavior and acts as a significant step for those seeking long-term safety and peace in their lives. Understanding its implications alongside benefits is crucial for informed decisions.
PFAs are for victims of domestic violence or those related to the alleged abuser in the following ways:
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I have to pay my ex-wife alimony for four more years. She is living with her boyfriend. Can I stop the alimony?It depends on what your property settlement says. If you have a property settlement agreement that is silent on whether or not alimony terminates upon remarriage or cohabitation, then it may not. Usually, the property settlement agreement will address that and say if it’s modifiable or if it terminates upon remarriage or cohabitation. If you did not reach a property settlement agreement, but instead went to court, and a court issued an order requiring you to pay alimony, then it is modifiable and you can petition to end the alimony as a result of the cohabitation.
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Can I move without a court order if we have joint custody and both live in Montgomery County?
Scenario:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
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My ex keeps taking me to court over minor parenting issues. Is there a way to stop the legal costs from adding up?
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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Former Clients Say It Best
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"Highly experienced, client-focused and efficient service"
I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.
- Former Client -
I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
How to File for a PFA in Montgomery County
There are three types of PFAs a lawyer can help a victim petition for—an emergency order, an ex parte temporary order, and a final order. An emergency order is for victims who are seeking immediate protection when the courts are closed. If the district judge believes you are in immediate danger, they may grant you an emergency order that lasts until the next business day; this order is designed to protect you until the court opens, and you may petition for an ex parte temporary PFA.
An ex parte temporary PFA may be granted without notifying the alleged abuser beforehand. This order lasts until the court hearing for the final PFA, usually scheduled within ten business days. After the court hearing, the judge may decide to grant a final order that can last up to three years and be extended.
The process for obtaining a PFA varies from county to county, but the filing process generally follows these steps:
Filing for a PFA can be a daunting and emotionally draining process, but having the right information can make it more manageable. When you approach the courthouse, make sure you have all necessary documentation, such as medical records or police reports, that corroborate your claims of abuse. It's beneficial to have a lawyer guide you through each step, from filling out the petition accurately to representing you effectively at hearings. Timeliness is crucial; understanding court schedules and deadlines ensures the swift processing of your case, granting you the protection you seek without unnecessary delays.
Understanding Montgomery County Court Protocols
Montgomery County courts handle restraining order cases with a focus on urgency and sensitivity. If you're involved in a PFA case within this jurisdiction, knowing the court's protocols can significantly ease your process. The court prioritizes these cases, scheduling hearings promptly to mitigate ongoing threats. Typically, final PFA hearings are set within ten business days, emphasizing rapid resolution to protect victims.
Additionally, Montgomery County integrates a cooperative approach with local law enforcement to ensure PFAs are enforced swiftly and accurately. If you're navigating the system, understanding the collaboration between the court and police can empower you with knowledge of your rights at each stage. Our firm stays up-to-date with any procedural changes, ensuring we provide our clients with the most current and effective legal strategies tailored to Montgomery County specifics.
