View Full Version : Is a PFA a violation of parole?


GFofabootcamper
11-07-2010, 05:47 PM
If I get a Protection from abuse order on my ex, will it be considered a violation of his parole? We both live in PA. He was verbally & physically abusive to me throughout our 5 yr relationship. He currently lives in a halfway house, yet he has been threatening me & harassing me. I feel my only option is to file for a PFA. However, he tells me that if I do that, then it will be a violation of his parole & he will go back to jail. I want to file for the PFA, but not if it means sending him back to jail. If that were to happen, then he & his family would hold me responsible for him going back. (They are not very rational people).

stevesmom66
11-10-2010, 03:58 AM
I'm not a lawyer but I'm gonna take a chance and say yea, that would probably violate him, maybe you should take one out against the whole family? If that can even be done?

bobble60
11-11-2010, 08:53 PM
Actually, getting the PFA doesn't mean that you've proven anything, so it's not likely to be the basis for a parole violation. Now, the underlying conduct would be, but unless you disclosed to the court that he's on parole, they probably won't connect the dots. Merely receiving service of the PFA doesn't constitute "police contact," so he doesn't have to report it.

All of this is purely technical. In reality, what he's doing is wrong and would be sufficient to violate his parole. So, if the attempts to circumvent a PV should fail, don't lose sight of the real situation.

GFofabootcamper
11-12-2010, 01:32 AM
Actually, getting the PFA doesn't mean that you've proven anything, so it's not likely to be the basis for a parole violation. Now, the underlying conduct would be, but unless you disclosed to the court that he's on parole, they probably won't connect the dots. Merely receiving service of the PFA doesn't constitute "police contact," so he doesn't have to report it.

All of this is purely technical. In reality, what he's doing is wrong and would be sufficient to violate his parole. So, if the attempts to circumvent a PV should fail, don't lose sight of the real situation.

Firstly, thank you for the reply. It seems logical that the court may not acknowledge he's on parole. But I have 2 questions. 1.) Since receiving service of the PFA doesn't constitute police contact, does that mean the personnel at the halfway house isn't obligated to report it either? The personnel would be aware of the order to appear in court because the court documents would need to be served upon him while he's at the halfway house. 2.) Now let's assume his PO does becomes aware of the PFA & it is granted, is the PFA alone grounds for a violation?

I understand that what he is doing is wrong. If I'm unsuccessful in avoiding a parole violation with the PFA, then at that time I will explore any other options I might have. I thank you for your concern, but I assure you that I am determined to find a way to put a stop to the harassment. If in the end a PFA is my only option, then I will follow up with that. For now, I have changed my number & I'm hoping that is enough.

joeprosgal
11-12-2010, 06:24 AM
I wanted to just say a PFA is only as good as the paper it is written on, especially since it seems you do not want him to go back to prison. If he violates the PFA, which many do, then the police will need to be involved. This is just my honest opinion, and since I do not know you or the circumstances, you would not be responsible for him going back to prison, HE would be for violating the PFA. You must do what is best for you, I have worked and volunteered at battered women's shelters, and trust me the women were all afraid that a PFA will mean nothing (and in some cases that is entirely true). Just please do what is best to protect you!