Violation of PFA

[gatherk]

What is the name of your state (only U.S. law)? PA

I have a PFA against the father of my child (my ex boyfriend). He violated the PFA by texting me and asking if I was awake. He then got arrested for this. Will this holdup in court? What will be the consequences?

[Proserpina]

Originally Posted by gatherk

What is the name of your state (only U.S. law)? PA

I have a PFA against the father of my child (my ex boyfriend). He violated the PFA by texting me and asking if I was awake. He then got arrested for this. Will this holdup in court? What will be the consequences?

No idea.

Nobody can even guestimate what will happen.

[Proserpina]

Hang on a sec - you got this PFA on Friday? Was he even notified?

WHen did he text you? When was he arrested?

[Ronin]

Ditto...

The PFA was issued two days ago on Friday. It does not take effect until AFTER he is served. If he not was served notice prior to texting her, then he should not have been arrested. If he was served and he violated the order, then he messed up for texting her.

Reviewing gatherk's threads does not give me the warm fuzzies this is being properly handled. The only information stated was that allegations were made based upon an instance of bruising on the child, both the police and CPS investigated, and the case is being closed. There was no mention of any charges filed or that a finding of abuse was made.

Beyond that is a desire to not allow the father to have joint custody, and that he have supervised visitations. And it was noted the father allegedly hit her "in the past".

On the face of this, there does not appear to be sufficient basis to file for an emergency order of protection.

However, it was suggested here she run right out and get a PFA, in the implied context of a preemptive strategy and setting up a 'papertrail', which was done on Friday. As most know, getting a temporary protective order is much to easy. But proving it up at an evidentiary hearing is another matter entirely.

If a permanent PFA is denied, and there is any feeling by the court this was improperly requested, this could backfire on mom.

If a PFA is warranted, then that is fine and dandy. But so far this post has raised some questions on whether it really is warranted...

[Proserpina]

Originally Posted by Ronin

Ditto...

The PFA was issued two days ago on Friday. It does not take effect until AFTER he is served. If he not was served notice prior to texting her, then he should not have been arrested. If he was served and he violated the order, then he messed up for texting her.

Reviewing gatherk's threads does not give me the warm fuzzies this is being properly handled. The only information stated was that allegations were made based upon an instance of bruising on the child, both the police and CPS investigated, and the case is being closed. There was no mention of any charges filed or that a finding of abuse was made.

Beyond that is a desire to not allow the father to have joint custody, and that he have supervised visitations. And it was noted the father allegedly hit her "in the past".

On the face of this, there does not appear to be sufficient basis to file for an emergency order of protection.

However, it was suggested here she run right out and get a PFA, in the implied context of a preemptive strategy and setting up a 'papertrail', which was done on Friday. As most know, getting a temporary protective order is much to easy. But proving it up at an evidentiary hearing is another matter entirely.

If a permanent PFA is denied, and there is any feeling by the court this was improperly requested, this could backfire on mom.

If a PFA is warranted, then that is fine and dandy. But so far this post has raised some questions on whether it really is warranted...

I'm in complete and absolute agreement!

[gatherk]

I stated the CYF was closing the case this week but the police still have an open investigation. It was child lined through CYF and that is on his permanent record. There were a few bruises under her chin a few weeks prior to this incident. That is why I am worried. Put yourself in my shoes, If you did nothing to prevent the father from having partial custody and something happened to her during her time with him. I would feel it was my fault because I did nothing to prevent it. I didn't do it to "start a paper trail." I did it because I am afraid that something really bad could happen to my daughter. She is only 2 1/2 months old and she can't run away or call for help if he does do something to her. I am the only one that can protect her.

[gatherk]

And I did get the PFA last thursday. He was served that night. He texted me at 1:30 am on Saturday. He was arrested Sunday.