Archive for December, 2013

Berks County PFA (Protection From Abuse) Case Filed Against Our Client Dismissed After Hearing

Wednesday, December 4th, 2013

Attorney Ryan W. McAllister recently represented a client in the Berks County Court of Common Pleas who was the defendant in a Protection From Abuse (PFA) case that was filed against him. A PFA is a civil court order, but violation of the civil court order can lead to criminal charges and jail time. In this case, our client’s ex-girlfriend filed the PFA case against him seeking to prevent him from having any contact with her. Although this wasn’t a big deal to our client since had had begun dating someone else, the major concern, from a legal standpoint, is that an active PFA opens our client up to the possibility of false accusations and arrests.

In other words, once a PFA is filed against our client, all it takes is one (1) phone call to the police from the PFA Plaintiff, also known as the “protected party”, accusing our client of simply making a phone call or sending a text message in violation of the court order. With that one (1) phone call, our client can be arrested and locked up in jail pending a court hearing.

In this case, our client did not trust the PFA Plaintiff, and he was legitimately afraid of the possibility of false accusations. On top of that, our client 100% denied the accusations contained in the PFA, and he rightfully felt that he shouldn’t have to suffer any consequences by “agreeing” to the entry of a PFA order against him. Therefore, Attorney McAllister and our client made the informed decision to “fight” the PFA case. There was a court hearing before a Berks County Judge, and numerous witnesses testified in the case. At the end of testimony, Attorney McAllister made a compelling argument to the Judge to have the case dismissed.

Ultimately, the Judge did issue and order dismissing the PFA case. Our client was able to go on with his life without the burden of an active PFA hanging over his head. Needless to say, our client was very happy with the outcome of his case. If you or someone you know is dealing with a protection from abuse (PFA) case in Reading, PA, or Berks County, Pennsylvania, please contact us right away at 610-372-5128. One of our experienced and dedicated attorneys will be happy to meet with you to discuss your case in more detail. Additionally, we offer free consultations in PFA matters.