PROTECTION FROM ABUSE

            If you are a victim of domestic violence or abuse, you can get protection from the Court under the PROTECTION FROM ABUSE ACT (PFA).

WHAT IS ABUSE?

            A person commits "abuse" by doing any of the following:

• Causing or attempting to cause bodily injury or sexual assault, or
• Placing another person in fear of serious bodily injury, or
• Subjecting another person to false imprisonment, or
• Engaging in a course of conduct or repeatedly committing acts against another person, including following that person without proper authority, under circumstance which place the person in reasonable fear of bodily injury, or
•  Physically or sexually abusing minor children

 

WHO IS ELIGIBLE TO APPLY FOR PROTECTION?

            The law applies to acts between:

• Family or household members
• Sexual or intimate partners
• Persons who share biological parenthood

WHERE DO I FILE?

You can call a private attorney or call the following office to see if you qualify for low cost counsel: North Penn Legal Services of Northeastern PA, Inc., 122 Iron Street, Lehighton, PA 18235 (610) 377-5400. If you are in need of a safe place, call the Domestic Violence Service Center at 1-800-424-5600. If you do not have a lawyer, you may go directly to the Prothonotary's Office in the Courthouse during normal business hours of 8:30 A.M. to 3:00 P.M., Monday through Friday. During evenings, weekends, and holidays, you can contact your local police department (or the Pennsylvania State Police) to arrange to see a District Justice.

A. PROTHONOTARY'S OFFICE

1. Go to the Prothonotary's Office on the lst Floor of the Carbon County Courthouse, 4 Broadway, Jim Thorpe, PA.
2. You will be given a petition packet to complete. This packet is also available to you through the Forms Download link at the bottom of this page.
3. After you fill in the forms, the Prothonotary's Office staff will take you to the Judge's Chambers.
4. The Judge will talk to you; and if the Judge believes that abuse has occurred, he will grant you a Temporary Protection From Abuse Order and schedule a hearing. This Temporary Order will stay in effect until the Court has the final hearing.
5. After the Judge signs the Temporary Order, return to the Prothonotary's Office to have copies made.
6. You must take one copy of the Petition and Order to the Sheriff's Office, who will serve the Defendant. You should keep a copy of the Order with you at all times.
7. At the final hearing, the Judge will decide if the abuse is proven and, if so, he will grant a Final Order for a period of up to one year. If the Judge determines that there is no basis for the Protection Order, the Judge will dismiss the case. The Judge will also decide who is to pay the costs. If you decide not to proceed, you will have to pay the Court costs. 

ALL VIOLATIONS OF ANY PROTECTION ORDER SHOULD BE PROMPTLY REPORTED TO LOCAL LAW ENFORCEMENT AGENCIES.

B. DISTRICT JUSTICE: AT NIGHT, ON WEEKENDS OR HOLIDAYS: 

1. Call your local police department (or State Police, if you have no local police department where you live) and inform them that you want to file a Protection From Abuse petition. The police will help you contact the District Justice. 
2. If the District Justice believes that abuse has occurred, he or she will grant you an Emergency Protection From Abuse Order.  
3. If you want this Order to continue, you must go to the Prothonotary's Office by the end of the next normal business day and complete steps 2 through 7 listed in Section A above.

FORMS:

            Click here to go to the Carbon County Forms Download Page. Here you will find the Protection From Abuse Packet. If you want to save time, you can print this form out on your printer and fill in the required information at home before you come to the Court House to file your petition. Please do not make any changes to the text of the form.