Pennsylvania Restraining Order Laws (2026): How to Get a PFA Order
Pennsylvania Restraining Order Laws (2026): How to Get a PFA Order
In Pennsylvania, a Protection From Abuse (PFA) order lets spouses, former partners, household members, and other qualifying individuals ask a court of common pleas to order an abuser to stop contact and stay away. A final PFA order lasts up to three years and is renewable.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Pennsylvania
Pennsylvania's primary civil protective-order track is the Protection From Abuse order, authorized by 23 Pa.C.S. 6101 through 6122. A PFA covers domestic abuse, sexual violence, and stalking when committed by a qualifying family or household member or intimate partner. The PFA can prohibit contact, require the defendant to leave a shared home, award temporary custody of children, and order return of personal property.
For victims who do not share a qualifying domestic relationship with their abuser, Pennsylvania provides the Sexual Violence/Intimidation Protection Order (SVPO, also referred to as a PSVI order). The SVPO covers strangers and others outside the PFA's relationship requirement, including sexual violence and intimidation in non-domestic situations. This means most Pennsylvania victims have access to a civil remedy regardless of whether they are or were in a relationship with the person harming them.
Pennsylvania also has an emergency after-hours process: if the courts are closed, victims can present an emergency PFA petition to a district magistrate or on-call judge, who can issue an emergency temporary order that remains in effect until the next court day.
Who can get a restraining order in Pennsylvania?
For a PFA order, Pennsylvania law requires a qualifying domestic or family relationship between the petitioner and the defendant. The relationship requirement is broadly written and covers a wide range of connections.
Qualifying relationships under 23 Pa.C.S. 6102 include:
- Current or former spouse
- Current or former cohabitant (person you live or lived with in the same household)
- Persons who have a child in common
- Current or former sexual or intimate partner
- An adult or minor child of any of the above
- Parents and children
- Siblings and other family members related by blood or marriage
If you do not fall into one of those categories, the Sexual Violence/Intimidation Protection Order is available without any relationship requirement. You do not need a prior police report to petition for either order, though documentation of the abuse or threats strengthens the petition.
How to file for a restraining order in Pennsylvania
PFA petitions are filed with the court of common pleas (family court division) in the county where you live or where the abuse occurred. Every county has a court of common pleas with jurisdiction over PFA matters.
Filing is free. Pennsylvania law and the federal Violence Against Women Act prohibit courts from charging a filing fee or service fee for a domestic-violence protective order.
To begin the process, go to the family court clerk's office and ask for the PFA petition forms. After you complete the petition describing the abuse and the relief you are seeking, a judge reviews it at an ex parte hearing, usually the same day. You appear before the judge without the defendant present. If the judge finds immediate danger or sufficient cause, a temporary PFA order is issued immediately. The court then arranges service on the defendant.
If the courts are closed when you need protection, contact local law enforcement or call the National Domestic Violence Hotline. Pennsylvania's on-call magistrate system means you can seek an emergency order after hours.
Most county courts have a self-help center, and many domestic-violence programs offer free advocates who can accompany you to court and help with forms. The Pennsylvania Coalition Against Domestic Violence (PCADV) connects callers with local programs statewide.
Temporary vs. final orders: how long they last
Pennsylvania uses a two-stage structure for PFA orders.
The temporary (ex parte) PFA is issued at the initial same-day hearing without the defendant present. It takes effect immediately and remains in force until the full hearing. After the temporary order is served, Pennsylvania courts typically schedule the full hearing within 10 business days.
The final PFA order issues after the defendant has been served and had an opportunity to appear at the full hearing. A judge hears both sides and decides whether to make the order final. A final PFA can last up to 3 years. At or before the expiration date, the petitioner may seek a renewal if there is evidence of subsequent abuse or continued risk; there is no cap on the number of renewals.
| Stage | Duration |
|---|---|
| Temporary (ex parte) PFA | Until full hearing, typically within 10 business days |
| Final PFA order | Up to 3 years; renewable |
Emergency after-hours orders remain effective until the next court day, at which point the petitioner may file for a standard temporary order.
Firearms and a Pennsylvania PFA order
Pennsylvania has one of the stricter state firearm-surrender frameworks in the country.
When a court issues a PFA order, it must order the defendant to relinquish all firearms, other weapons covered by the order, and ammunition within 24 hours to local law enforcement, a licensed firearms dealer, or a designated third party. The defendant must file a certification of compliance with the court confirming that surrender has occurred.
Pennsylvania law also prohibits a defendant under a PFA order from purchasing or transferring firearms during the period the order is in effect.
Separately, a qualifying final PFA order triggers the federal firearm ban under 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing any firearm or ammunition anywhere in the United States. The federal ban applies regardless of whether state surrender has occurred, so both obligations can operate simultaneously.
If you are concerned that the defendant has not surrendered firearms as ordered, you can report this to local law enforcement or raise it with the court at any hearing.
What happens if someone violates the order?
Violating a Pennsylvania PFA order is treated as indirect criminal contempt under 23 Pa.C.S. 6114. The penalty on a first violation is a fine of up to $1,000 and/or up to 6 months imprisonment. The conduct may also be charged as a separate criminal offense (such as simple assault or harassment) depending on what the defendant did.
Police in Pennsylvania can arrest a defendant on probable cause that a PFA order was violated. You do not need a separate warrant. Keeping a certified copy of the order with you at all times, and leaving copies at your workplace, your children's school, and with a trusted person, makes it easier for law enforcement to verify the order quickly.
If the defendant contacts you, comes near you, or otherwise breaks the terms of the order, call 911 immediately. After the immediate danger has passed, notify the court that issued the order. Documented violations are relevant to renewal hearings and to any future criminal proceedings.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Pennsylvania Laws
- Pennsylvania AI Meeting Recording Laws
- Pennsylvania Alimony Laws
- Pennsylvania At-Will Employment Laws
- Pennsylvania Car Accident Laws
- Pennsylvania Car Seat Laws
- Pennsylvania Child Custody Laws
- Pennsylvania Child Support Laws
- Pennsylvania Common Law Marriage Laws
- Pennsylvania Data Privacy Laws
- Pennsylvania Divorce Laws
- Pennsylvania Dog Bite Laws
- Pennsylvania Emancipation Laws
- Pennsylvania Expungement Laws
- Pennsylvania Hit and Run Laws
- Pennsylvania Landlord-Tenant Laws
- Pennsylvania Lemon Laws
Sources
- 23 Pa.C.S. 6101 to 6122 (Protection From Abuse Act): Pennsylvania General Assembly
- Pennsylvania Unified Judicial System - Protection From Abuse information: pacourts.us
- Act 146 of 2024 (companion animal amendment to PFA Act): Pennsylvania General Assembly
Related pages
For more on protective orders across all states, see the full Restraining Order Laws by State hub. If you need to document harassment or threatening conduct in Pennsylvania, see the Pennsylvania recording consent laws page for guidance on when you can legally record. For self-defense rights in Pennsylvania, see the Pennsylvania self-defense laws page.
