FAQs about Agreed PFAs
By Katie Lin Daly
FAQs about Agreed PFAs
The Protection From Abuse (PFA) Act allows Pennsylvania courts to issue orders that safeguard plaintiffs (individuals seeking protection) from abuse by a defendant (the Plaintiff’s partner, family member, or household member). The process begins when the Plaintiff files a Petition detailing the events that warrant protection. A judge reviews the Petition, asks the plaintiff questions, and decides whether to issue a temporary protection order. Regardless of the decision on a temporary order, a hearing is scheduled within 10 days. The defendant is served with the Petition, the temporary Order (if applicable), and the hearing notice.
On the day of the hearing, one of several outcomes can occur:
The PFA hearing is rescheduled, with the temporary Order (if issued) remaining in effect until the new hearing date.
A hearing is held, and the PFA is granted.
A hearing is held, and the PFA is denied.
The Plaintiff withdraws the PFA.
Both parties agree to an “Agreed PFA Order,” which avoids a formal hearing but provides protection.
How does the process work to reach an agreement?
PFAs tend to be high-conflict and also prevent the parties from speaking with one another, so it may seem like it would be difficult to ever reach an agreement. Depending on which county your PFA action is, various programs are in place to help litigants reach agreements.
In Bucks County, for example, volunteers with Legal Aid represent plaintiffs, volunteers through the Bar Association’s pro bono program represent defendants, and the attorneys can speak to try to work out an agreement. There is time before the call of the list and time while the judge is hearing other PFA matters for the attorneys to go back and forth and discuss terms.
In Montgomery County, legal advocates and friends of the court volunteers can serve as a liaisons between the parties (or their attorneys) to try to reach an agreement.
Once an agreement is reached, it will be presented to the judge. The judge will ask both parties if they understand the terms and consequences of the agreement. Typically, judges will enter the agreed terms of a PFA as presented, meaning that the parties have a lot of agency in the ultimate resolution of their cases. The terms of the agreed Order would replace the temporary Order (if one was in effect), and after receiving copies, all parties are free to leave the Courthouse.
Why would I (the plaintiff) agree to a PFA Order?
One of the main reasons plaintiffs agree to a PFA Order is to avoid the time and expense (emotionally and potentially monetarily) of having a full hearing. PFA hearings can take days, depending on the allegations, and the plaintiff would need to testify in depth about what happened to them. Any court testimony is stressful, but it can be exceptionally tolling to speak to a room of strangers about awful things that happened to you.
Why would I (the defendant) agree to a PFA Order?
If you are the defendant in a PFA matter, it may benefit you to reach an agreement instead of having a hearing for a few reasons.
You can agree that the PFA Order is made “without admission.” This means that the defendant doesn’t admit that they have done anything that amounts to abuse, only that they agree to stay away from/not contact the Plaintiff according to the terms of the Order.
You can avoid testifying at a trial. If any criminal charges are associated with the behavior alleged in the Petition (or if there could be in the future), you don’t want to have a transcript that could be used against you in a criminal action.
You can agree to a long-term temporary PFA. If a hearing is held and a Judge determines that a PFA is warranted, they will usually enter a “final” Order. This Order will be a part of your record forever and can appear on background checks. By contrast, a “temporary” Order can be expunged after the Order expires.
What about if there are cross-petitions filed?
Cross-petitions (where case 1 is Party 1 v. Party 2, and case 2 is Party 2 v. Party 1) are where it makes the most sense to agree to a PFA. If both parties filed PFAs against one another, logically neither party wants to be in contact with the other. Agreeing to a PFA in that case is the means that each party gets what they want without the time and energy of having a hearing.
Is it faster to have an agreement than a hearing?
Generally, reaching an agreement will take far less time than having a hearing. On the day of your PFA hearing, there will likely be a packed courthouse full of every case in which a PFA has been filed within the past 10 days. This means there is a high likelihood that the judge will hold PFA hearings or conferences before it’s your turn. To keep things moving in the courtroom, judges tend to prioritize having agreements entered when they can. Reaching an agreement in your PFA case usually means that the parties can leave Court far earlier than if a hearing was held, allowing the parties to return to work or to their children.
What are the downsides of an agreed PFA Order?
For the plaintiff, filing a PFA is often a step away from a bad situation and can be empowering. Agreeing to a PFA means that the plaintiff does not have the opportunity to testify in-depth and tell their story.
For the defendant, if you don’t believe that any abuse was committed, agreeing to a PFA can feel like letting the plaintiff win or letting them “get away” with what you think are untrue allegations.
There is never a requirement for either party to agree to a PFA. If either party wants a judge to hear their case, that is their right under the statute.
How is an agreed PFA different from a Court-Ordered PFA?
Practically, there is no difference between a PFA entered after a hearing and a PFA reached by agreement. Agreed PFAs can be enforced by the Court (and by the police) in the same way as a Court-Ordered PFA.
That said, an Agreed PFA can include terms that a Court-Ordered PFA might not. I see this most often when the parties want to work on separating various financial entanglements following a PFA. A judge hearing PFA hearings is not likely to focus on minutiae like who stays on whose phone plan or how will items of personal property be exchanged while there is potentially serious risk of physical harm. When there is an agreement, specific terms addressing issues that are important to the parties can be included in the agreed Order that a judge simply may not have the time to hear and address.
Does an agreed PFA have any impact on custody?
Under the new custody factors that went into effect in August 2024, judges must consider “The present and past abuse committed by a party . . . , which may include past or current protection from abuse . . . orders where there has been a finding of abuse.” An agreed PFA, especially an agreed PFA without admissions, is not necessarily a “finding of abuse.” This means that in custody litigation, the custody judge may require testimony or evidence on the allegations of abuse from the PFA petition, even when a PFA hearing was not held because the parties reached an agreement.
Do I need to hire an attorney to have an agreed PFA?
As a PFA hearing is a legal proceeding, it is recommended that you obtain legal counsel. Regardless of whether you are a plaintiff or defendant, there may be programs in place that can provide you with an attorney or advocate. Bear in mind, though, that these programs typically do not provide an attorney who can focus on you and your case for the whole day: often, attorneys will deal with several cases on a given day. Additionally, these programs may not allow you to meet with an attorney before the hearing in order to prepare; you may meet your attorney for the first time on the hearing day and they may not be familiar with the nuances of your case. Hiring an attorney can mean that you can prepare with them, have time to have your questions answered in advance, and have someone by your side for the duration of the court appearance.
If you are a plaintiff or a defendant in a PFA matter looking for legal counsel, contact the family law attorneys at Dischell Bartle Dooley. Reach out to a member of our family law team or contact the office directly at 215.362.2474.