Protection orders can give victim 'relief'

Feb. 25—Over the past five years, nearly 9 out of 10 petitions for a protection from abuse (PFA) order have been accepted by local judges, a number that falls in line with statewide data.

In Union County, from 2018 to 2021, just one of 262 requests was denied. Judges say even temporary PFAs can be effective, the reason so many are approved ahead of a full hearing for a protection order.

A PFA is a civil court order to help protect victims of domestic violence, providing relief from abuse by an intimate partner, family or household member.

"I take a hard stance on these," Sunbury District Judge Mike Toomey said. "I take them very seriously. The intent of these is to protect a victim."

The number of temporary protection for abuse orders issued has remained relatively steady across the Valley in recent years. Between 2018 and 2021 — the last year of official data released by the Unified Judicial System of Pennsylvania — show there were 513 PFAs issued in 2021, 533 in 2020, 552 in 2019 and 550 in 2018 in the four counties combined.

In Northumberland County, in 2021 there were 359 PFAs filed, a number that jumped to 392 last year. So far in 2023 there were 37 filed as of Thursday, according to the Northumberland County Prothonotary's Office, where the petitions are tracked.

In comparison, according to the AOPC, Snyder County had 74 in 2021, Union had 61 and Montour County had 23 PFAs filed.

Protective 'relief'

Transitions CEO Mae-Ling Kranz said a protection from abuse order from a court gives protective "relief" for a victim, and sometimes their children. Individuals seeking a PFA are able to file a PFA for themselves, or on behalf of their minor children.

"Over the last several years Transitions of PA has had a steady number of requests for support in filing protection from abuse orders," she said. "We know many survivors choose to file on their own, without the support of their local victim service program and we do not have contact with every survivor who is eligible for our support and advocacy. Our service numbers only provide a piece of the overall picture."

Kranz said protection from abuse orders are just one tool survivors can use in the process of leaving an abusive relationship.

"They are most effective when combined with additional resources such as financial support, victims' services, and enhanced, trauma-informed, police and court responses when violations occur. Additionally, because we know through ongoing data collection reported by the Pennsylvania Coalition Against Domestic Violence, the chance of death in a domestic violence situation increases by 500 percent when firearms are present, weapons relinquishment must absolutely be part of the conversation and a tool that is utilized when individuals are filing a PFA."

Kranz said when an individual decides they are ready to seek help and leave an abusive relationship, it is important to understand that this can be an especially volatile and dangerous time for them.

"Not all individuals will choose to file a PFA as they know their abuser may become provoked and angry. A PFA is a clear message to the abuser that they are beginning to lose control over their victim. Transitions of PA is here for all victims and survivors. Our advocates are always available to provide them free and confidential help. Our trained professional advocates are available to talk 24 hours a day, 7 days a week, by calling our crisis hotline at 1-800-850-7948," she said.

"Transitions of PA is a crisis center that provides advocacy, empowerment, and education to victims, survivors, families, and communities to end patterns of violence and abuse."

Local increase

Northumberland County Hearing Officer Marsha Skoff said her office is seeing an increase in people filing for PFAs. Skoff said getting a PFA is not easy and that proof needs to be provided because individuals are placed on the stand and testify under oath.

"After a PFA is clocked in at the prothonotary's office, individuals will have a hearing for a temporary PFA before a full hearing is held within 10 days of the original filing date," she said.

Skoff said if a PFA is needed after hours, a district judge can also issue a 24-hour order then the person would need to go to county court.

District Judge John Gembic, whose office is in Shamokin, said this is becoming more of a problem for district judges and police.

"We see the majority of these come to us after hours," he said. "It's hard on police as well."

Toomey, who said he sees a high volume of PFAs come through his district office, said PFAs can work as a deterrent. If a PFA is broken by an individual, the district judge also has the power to send a person to jail, he said.

"I have seen a lot more PFAs coming in than ever before," Gembic said. "I am seeing them work as a deterrent and seeing people who have broken them."

Gembic said bail is set when a person breaks the order. "It's up to the judge's discretion," he said.

Skoff said the law has also expanded for PFAs, including sexual violence and intimidation.

In Northumberland County, according to the prothonotary's office, four complaints were filed for sexual violence and eight for intimidation in 2022, and one for intimidation for 2023 so far.

In 2021, the number of new PFA orders filed statewide increased by 12 percent from 2020, the website states. In 2020, state data show 35,5276 temporary orders were requested, while the statewide number of requests has been between 38,000 and 39,000 every other year from 2018 to 2021.

Guns involved

A federal appeals court earlier this month ruled the government can't stop people who have domestic violence restraining orders against them from owning guns. The ruling overturned the federal law and is not likely to impact similar state laws, including those in Pennsylvania.

Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns.

A federal grand jury indicted the man, who pled guilty. He later challenged his indictment, arguing the law that prevented him from owning a gun was unconstitutional. At first, a federal appeals court ruled against him, saying that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person's individual right to own a gun.

But then last year, the U.S. Supreme Court issued a new ruling in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment by saying the government had to justify gun control laws by showing they are "consistent with the nation's historical tradition of firearm regulation."

The appeals court withdrew its original decision and vacated the man's conviction and ruled the federal law banning people subject to domestic violence restraining orders from owning guns was unconstitutional.

Skoff said when an individual requests a PFA, they list the accused as having weapons. Once a judge hears the case the judge can order all guns to be relinquished until the case is resolved.

If a person filing a complaint does not list weapons but the accused owns them, the judge does not have to order the guns be turned over to the sheriff's department, according to Northumberland County Sheriff Bob Wolfe.

"If the person has guns written on the PFA, the judge will order the relinquishment of the firearms," Wolfe said. "When the deputy serves the PFA they will take the firearms with them."

Wolfe said if the individual applying for the PFA tells the sheriff's department where the guns are, the deputy sheriff will escort the person to the area, but that a PFA order is not a search warrant and the department cannot search through a home or kick down doors.

"This is a civil action and only becomes criminal if the accused breaks an order," he said.

Wolfe said the department brings the weapons back to the courthouse and the department logs the weapons and stores them until the case is cleared.

"We speak to the individual who filed the complaint and we get as much information as we can so that when we show up we are prepared," Wolfe said. "We don't know the frame of mind of someone and we want to make sure everyone is safe."

Wolfe said a deputy from his office is out serving at least one PFA a day.

"We can also serve these by phone," he said. "We make the calls if we can't locate the person and most of the time the person will come in or meet with us because they want to see what they are being accused of on paper."

Sunbury Police Chief Brad Hare said people sometimes believe police can directly issue a PFA. They can't, he said.

Hare said when officers encounter a domestic situation, they provide packets to the victims and make them aware of what they should do next.

Hare said police gain authority when a person is in violation of the PFA and then they can make an arrest and bring the person before a judge.

Hare said police get several calls about people breaking PFAs.

"PFAs are a piece of paper that gives us the ability to protect victims of domestic violence," he said. "If there is a PFA in place, there are stipulations they have to follow or we then have the authority to arrest based on what the PFA states."