Too many times, a plaintiff has filed a 'PFA' based on 'bad faith.'
By Attorney Alyssa Knisely, PFA Attorney, Harrisburg, PA
I have represented numerous defendants in Protection from Abuse filings before the court. Often times, the allegations are not always false and can be substantiated to a degree. The courts will often times, and rightly so, err on the side of caution and enter a final order that prohibits contact between the defendant and the plaintiff. However, I have run into situations where the plaintiff has filed a PFA simply to harass the defendant. The plaintiff has engaged in a 'bad faith' filing.
On this topic, the statute governing the entry and dismissals of PFA's is clear:
Remedies for bad faith.--Notwithstanding any other provision of law, upon finding that an individual commenced a proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of abuse by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.
It's important to note that the court will want to hear evidence of 'bad faith.' Not just that the allegations in the PFA petition were not proven, but that the plaintiff was aware that they were unsubstantiated or false. Are the allegations clearly, plainly and palpably false? There must have been an intent on the plaintiff's part to misuse the PFA process to the detriment of the defendant. If such can be shown with evidence, the court may award the defendant damages (eg: missed compensation for work) and attorney's fees.
If you have been presented with a PFA filing and order scheduling a hearing, do not wait until the last minute to contact counsel. Speak to an experienced attorney regarding the PFA process. You may call Shaffer & Engle Law Offices, LLC toll free or email us today.







4 Comments
Phillip
January 7, 2012 at 3:38 AM
Any one wasn’t expecting to focus so much on mental states in criminal law, and thought we would begin with materials of crimes. However, as the description indicates, this book focuses a lot on mental states, etc.
Pittsburgh PFA lawyer
April 24, 2012 at 8:55 PM
Great post. The "bad faith" concept gets relatively little attention because the defendants facing a PFA are just glad to have it terminated and feel a moral victory if they prevail in court. It's nice to see other lawyers recommending follow up in the form of seeking actual evidence of bad faith.
Here's the link we made to your post: http://divorceattorneysinpittsburgh.wordpress.com/2012/04/24/protection-from-abuse-act-claims/
Mohammed Rizk
April 26, 2012 at 8:06 AM
I have a PFA filed against me and would like legal assistance.
M. Rizk
(717) 798-3835
Mohammed Riozk
August 30, 2012 at 12:39 PM
Unfortunately I am one those victims to Bad Faith PFA. My ex-wife is unlawful resident in the U.S. filed a bad faith PFA against me based on false allegations and it was approved after the Judge refused to review or consider new evidence in which proves that she is using the PFA process to acquire a green card. This matter is now appealed before the Superior Court of PA.
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