Protection From Abuse

Wilmington, Delaware Domestic Violence Attorneys

Temporary and Permanent Protection from Abuse Orders (PFA)

A Protection from Abuse order (PFA) is a restraining order issued by a judge after complaints of physical abuse or fear of injury are lodged by a family member or someone with whom you have had a personal relationship. As part of our larger family and domestic law practice, the attorneys of Rahaim & Saints can assist in the filing or defense of a PFA.

It is all too common for marriage and relationship disputes to result in violence requiring immediate intervention from the courts. Our skilled lawyers can ensure that orders are enforced, or represent your interests if you have been unfairly accused of domestic violence or violating a Protection from Abuse order. We practice in all courts of Delaware. Contact us today for immediate legal help.

Protection from Abuse (PFA)

We provide compassionate, knowledgeable and responsive counsel for either stage of a PFA:

• Emergency orders — This is granted by a judge to address an immediate danger to a spouse and children, based on acts or a perceived threat of physical, emotional or mental abuse. Acting on this temporary order, police may remove the person from the home and order the person to have no contact with the spouse, partner or children. We can represent you in obtaining the PFA and subsequent hearings on permanent orders and violations.
• Permanent orders — The emergency PFA is typically granted on the spot, without input from the alleged abuser. Within a week or so, the court will hear arguments in a formal hearing on whether to make the restraining order permanent. The victim presents evidence of the abuse or threats, and the alleged offender gets a chance to respond to the allegations and contest the issuance of a permanent PFA.

PFA Defense

While the majority of Protection from Abuse orders are used legitimately to protect spouses and children from the threat of violence, they may also be used as a punitive device to punish or manipulate a spouse, especially in an attempt to gain custody of minor children. A temporary PFA is a powerful tool, often giving the spouse exclusive possession of the home, vehicle and assets, as well as temporary custody and even temporary child support. We will aggressively confront the civil and criminal allegations to prevent the issuance of a permanent PFA.

The partner may allege spousal abuse, child neglect or endangerment, or violation of the PFA. In this case, the lawyers at Rahaim & Saints will vigorously assist you in answering PFA charges before a court, in modifying or vacating the original order, and in any proceedings to apply punitive measures: assault or offensive touching in the original incident, or harassment or violence after the PFA is issued.

See our Criminal Defense website for more information on PFA violations.

Urgent, Responsive Legal Representation

If you are experiencing domestic violence in the home, we urge you to seek help from the various civic and governmental agencies that provide resources for abused people. If you are experiencing a divorce or need to file a Protection from Abuse order anywhere in Delaware, contact Rahaim & Saints immediately for a consultation and review of your legal rights. We understand the difficult emotions involved and offer a compassionate practice focused on securing immediate relief from the threat of violence. Call our Wilmington office (302-892-9200) and Newark office (302-832-1800).