One of the repercussions of violating a Philadelphia restraining or protective order is that the defendant could be in contempt of court and face up to a six months sentence. Additionally, they could face bonds and six months of jail or probation for their violation under the restraining order.

Secondly, How long can CPS keep a case open in PA? The CPS Investigation Process

The county division of CPS has 24 hours to open an investigation and make contact with the child in question. This usually entails going to the child’s home, seeing the child, and speaking with their parents or legal guardians.

What happens if someone breaks a restraining order?

Typical Consequences for Restraining Order Violation

A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances.

Similarly, What happens when a PFA expires in PA? The temporary PFA usually lasts for 10 days; after that time, the Montgomery County Family Court will schedule a final PFA hearing. At the hearing, a judge will either lift the temporary PFA or issue a final PFA (which lasts three years).

What does a PFA do in PA?

What is a Protection From Abuse (PFA) Order? In Pennsylvania, a PFA order from a court gives protective “relief” for a victim (and sometimes their children) for a period of up to three years (for final orders). A person can file for a PFA order from the court for themselves, or on behalf of their minor children.

How long does it take for CPS to make a decision? The CPS will usually conclude their review within 30 working days of the request, but in some complex cases, this could take longer. If the victim is not satisfied with the CPS’ review decision, they can lodge an application at court for a judicial review, to challenge the decision.

Under what circumstances will social services remove a child? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.

What can CPS not do in PA? CPS cannot enter your home without your permission.

Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can’t enter your home unless you say it’s okay.

Is breach of restraining order indictable?

Consequences of breaching an order

The penalty that may be imposed upon breach of the new section 5A restraining order is identical to that which can be imposed under section 5. On conviction on indictment, the defendant may be subject to imprisonment for a term not exceeding five years, or a fine, or both.

Can I appeal against a restraining order? A restraining order can either be dealt with on appeal to the Court of Appeal or on re-application to the Crown Court that made the order.

Is breaking a court order a criminal offence?

Court orders can be imposed by a judge in legal proceedings and breaching them can amount to contempt of court or a criminal offence.

Can you appeal a PFA in PA? A final PFA order can be appealed to the Pennsylvania Superior Court within 30 days. Copies of court transcripts and other evidence may be required. Appealing a PFA determination can be difficult and complex, especially if you have not retained the services of an experienced attorney before your initial hearing.

How do I get a restraining order lifted in PA?

In most cases, either the victim or the defendant can ask the court to lift the restraining order. This is often completed by filing a motion with the court, such as Motion to Life Restraining Order or Motion to Modify Conditions of Pretrial Release.

Can a restraining order be extended?

You may wonder what happens when a restraining order has an expiration date, but you still need continued protection from the offender. A court can extend an order. You can do this via an application for an extension hearing. The hearing can take place up to 1 year after your first restraining order.

Are PFAs public record in PA? In Pennsylvania, a Protection from Abuse order is granted by “civil” court; not criminal court. Because of this, the issuance of a PFA will be on a person’s “civil” record and not his or her “criminal” record.

What warrants a restraining order? The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you) Sexually assaulted you.

Are restraining orders public record in PA?

Law enforcement officers and courts can access the registry at any time, but the information is not available to the public.

Where are most CPS cases dealt with? The CPS is responsible for prosecuting most cases heard in the criminal courts in England and Wales. It is led by the Director of Public Prosecutions and acts independently on criminal cases investigated by the police and other agencies.

How much evidence do the CPS need?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.

Can the CPS drop charges? If the inadmissible evidence forms a large part of the case against you, the Prosecution will not have sufficient evidence to provide a realistic prospect of conviction. As a result, the CPS are likely to drop the charges.

Don’t forget to share this post !