Question: My question is what court document needs to be filed for a judge to reconsider a PFA (Protection from Abuse)?

 I have two daughters and my wife lied and obtained a PFA. Children and Youth Services did an investigation and found the allegations against me to be false/unfounded.

Answer:

The specific language for the standards to issue protective orders vary by state, but, in general, a court cannot issue one unless the petitioning party presents sufficient evidence (usually a preponderance of evidence) that abuse or the threat of abuse is present and, moreover, that the order is necessary. The party must be very specific about any abusive or threatening behavior, and there must be reason to believe the behavior will continue in the future.

An allegation of abuse in not dispositive – but neither is an allegation the children’s protection services did not substantiate. These are both factors to consider. For example, allegations of abuse accompanied by threats to “take you down if you don’t give me my kid,” a history of domestic violence, a physical assault, or some other abusive or threatening behavior, may be sufficient. Note, abuse need not be physical abuse.

It is not uncommon in divorce and child custody cases for one party to request an order for strategic reasons. This is because the order often includes a requirement for the restrained party to stay out of the home, to have no or only supervised parenting time, to refrain from all phone and e-mail contact, etc. The order becomes a de facto sole custody order.

With the information you have provided, this may have happened to you. Strategic reasons are not a substitute for meeting that legal standard. Be sure to attend all court dates (or request one, if one is not scheduled for you) to challenge the order if you are unsatisfied with it. Read the order carefully because they usually state your hearing date or specify how to obtain one. The information may be in fine print on the back of the order. In addition, you should contact an attorney immediately because these hearings require legal argument keyed to the protective order statute in your state and an opportunity to present witnesses and other evidence. The children’s protection services reports may be helpful, if they are otherwise admissible in court, to your case. However, they are not dispositive if there are other instances of abuse or a legitimate threat or fear of them.

Keep in mind that I am a Michigan attorney and cannot give you detailed advice about the laws in Pennsylvania. You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney in your area immediately for additional information and adequate legal representation. Cordell & Cordell has attorneys located and licensed in Pennsylvania. 

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.