AFMedic351
Junior Member
What is the name of your state? PA
Ok, here it is the entire story and I need some help on what to do next.
Ok so here is the situation. My ex g/f put a PFA on me on Jan 15, 06. I violated it; went to court on Feb 22, 06 and plead out to extend it to 18 months and drop the contempt charges. On Feb 23, I sent her two text messages, asking for help because I was thinking about suicide. On the 24th; I sent one asking for help again. Since the, I have gotten help and am currently seeking help as well. On Wednesday, I got a call from the Northampton PD stating I needed to come in to talk to them. I asked if I was being arrested. They said there was a warrant for my arrest yes. I then talked to the officer on the phone, and he agreed for me to come in the next day. I turned myself in; was arragined before the DJ and was ROR; per the PD's suggestion to the judge. Hearing date was March 15; she did not show up. I agreed to a suspended sentence for 30 days. The next day she called; we talked; we have since then gotten back together and everything is good between us. We are now engaged to get married. She filed a motion to vacate the PFA; exact copy is below, names / address's have been taken out though.
AND NOW, this __day of_________, 2006, I, Name Plaintiff, being of the
belief that I am no longer in danger from the Defendant, and that I am no longer in need of protection from him/her, do hereby request that the final Order entered in this matter on the 15th day of March, 2006 be vacated and that the Petition filed in this matter by me be marked as withdrawn.
_____________________
Plaintiff
I, Name, Defendant, do consent to the Final order entered in this matter on the __ day of_________, 2006, being vacated so that it is of no further force or effect.
_____________________
Defendant
THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
BY THE COURT:
__________________________
JUDGE
__________________________
DATE
Dated this ____ day of , 2006
We filed this, got notice from the courts saying that we have to go to court, April 5th, we went to court, saw the same judge as before, he dismissed the petition, I believe he did not understand it was a petition to vacate and not to obtain a new PFA; the DA originally said it was a attempt to obtain a new one, and then said it was to vacate and stated that no more petition's can be filed.
So we are now SOL until August when the PFA is dropped. Can we refile or did we not file enough info or do we appeal and what do we do? We copied the above text from the site, PABulletin.com which said thats what you need to vacate a PFA.
Any help is much appreciated and needed. We really need to get rid of this so we can get married.
Jocelyn & Chas
Ok, here it is the entire story and I need some help on what to do next.
Ok so here is the situation. My ex g/f put a PFA on me on Jan 15, 06. I violated it; went to court on Feb 22, 06 and plead out to extend it to 18 months and drop the contempt charges. On Feb 23, I sent her two text messages, asking for help because I was thinking about suicide. On the 24th; I sent one asking for help again. Since the, I have gotten help and am currently seeking help as well. On Wednesday, I got a call from the Northampton PD stating I needed to come in to talk to them. I asked if I was being arrested. They said there was a warrant for my arrest yes. I then talked to the officer on the phone, and he agreed for me to come in the next day. I turned myself in; was arragined before the DJ and was ROR; per the PD's suggestion to the judge. Hearing date was March 15; she did not show up. I agreed to a suspended sentence for 30 days. The next day she called; we talked; we have since then gotten back together and everything is good between us. We are now engaged to get married. She filed a motion to vacate the PFA; exact copy is below, names / address's have been taken out though.
AND NOW, this __day of_________, 2006, I, Name Plaintiff, being of the
belief that I am no longer in danger from the Defendant, and that I am no longer in need of protection from him/her, do hereby request that the final Order entered in this matter on the 15th day of March, 2006 be vacated and that the Petition filed in this matter by me be marked as withdrawn.
_____________________
Plaintiff
I, Name, Defendant, do consent to the Final order entered in this matter on the __ day of_________, 2006, being vacated so that it is of no further force or effect.
_____________________
Defendant
THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
BY THE COURT:
__________________________
JUDGE
__________________________
DATE
Dated this ____ day of , 2006
We filed this, got notice from the courts saying that we have to go to court, April 5th, we went to court, saw the same judge as before, he dismissed the petition, I believe he did not understand it was a petition to vacate and not to obtain a new PFA; the DA originally said it was a attempt to obtain a new one, and then said it was to vacate and stated that no more petition's can be filed.
So we are now SOL until August when the PFA is dropped. Can we refile or did we not file enough info or do we appeal and what do we do? We copied the above text from the site, PABulletin.com which said thats what you need to vacate a PFA.
Any help is much appreciated and needed. We really need to get rid of this so we can get married.
Jocelyn & Chas