How to file a protection from abuse order in Berks County

Filing for a protection from abuse order in Berks County costs nothing, and you start at the PFA Office on the first floor of the county courthouse in Reading. A judge can grant a temporary order the same day you file, and a full hearing follows within 10 business days.

A protection from abuse order, called a PFA, is a civil court order that tells someone to stop abusing you and to stay away from you. It is available when the person is a current or former spouse or partner, someone you dated, a family or household member, or someone you share a child with. If the person who harmed you does not fit one of those categories, Pennsylvania has two related orders for other situations, a Protection From Sexual Violence order and a Protection From Intimidation order, filed the same place.

Who can file

You can file if an intimate partner, family member, or household member has abused you. Under state law, abuse includes physically hurting you or trying to, putting you in reasonable fear of serious bodily injury, sexual abuse, holding you somewhere against your will, and repeated conduct that makes you reasonably fear for your safety, which covers stalking. You can file for yourself and on behalf of your minor children.

What a PFA can order

A judge can order the other person to:

• Stop all abuse, threats, and harassment.
• Have no contact with you, in person, by phone, by text, online, or through other people.
• Stay away from your home, your job, and your children’s school or daycare.
• Move out of a home you share.
• Turn over any firearms and stop buying more while the order is in effect.
• Follow a temporary custody arrangement for children you share, and in some cases pay support.

Where and when to file

File at the PFA Office, first floor Services Center, 633 Court Street, Reading, inside the Berks County courthouse. Filing hours are Monday through Friday, 8:00 a.m. to 2:00 p.m. The office itself stays open until 4:00 p.m., but you must be in line to file by 2:00. Go as early in the day as you can, because a judge reviews your petition that same day, and arriving early leaves time for the paperwork and the hearing.

Step by step

1. Go to the PFA Office and ask for a PFA petition. Staff there help you fill out the forms. You do not need a lawyer, and you do not need an appointment.
2. Write out what happened. Describe the abuse in your own words, give dates, and explain why you are afraid. Specific incidents matter more than general statements.
3. A judge reviews your petition the same day in what is called an ex parte hearing, meaning only you are there, not the other person. If the judge finds you are in immediate danger, the judge signs a temporary PFA that protects you right away and lasts until the final hearing.
4. The sheriff or police serve the temporary order and the hearing notice on the other person at no cost to you. The order binds them once they are served.
5. Come back for the final hearing, held within 10 business days of the day you filed. Bring your evidence: photos of injuries or damage, threatening texts or emails, medical records, police reports, and any witnesses. The other person can attend and tell their side. If you filed the petition and do not show up, the judge can dismiss your case.
6. If the judge grants a final PFA, it can last up to three years and can be extended later if the abuse continues or the person violates the order.

What it costs

Nothing. State law bars the court from charging you: “No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with the filing, issuance, registration or service of a petition.” That covers filing the petition, issuing the order, and having the sheriff serve it. If the judge grants a final order, the judge can order the other person to pay the court costs.

What to bring

• A photo ID for yourself.
• The other person’s full name and address, and their date of birth or a physical description if you have it.
• Where the other person works, and a description of their vehicle if you know it.
• The dates and details of the abuse, written down or clear in your memory.
• Information about any guns or weapons the other person owns or can reach.
• The names and birthdates of any children you want the order to protect.

If you need protection after hours

If you are in immediate danger, call 911. You can still get an emergency PFA when the PFA Office is closed. PFA staff can help you apply to your local magisterial district judge, or you can go to Reading Central Court on the first floor of the courthouse after 7:00 p.m. on weekdays and anytime on weekends and holidays. An emergency order is short-term. It holds until the next day the court is open, when you go to the PFA Office and file a regular petition to continue the process above.

Getting help

Safe Berks, the county’s domestic violence and sexual assault agency, offers free, confidential help in English and Spanish. Advocates can explain the PFA process, help you plan for your safety, and go with you to court. Reach the 24-hour hotline at 844-789-7233 (844-789-SAFE) or text SAFE BERKS to 20121. The office is at 255 Chestnut Street, Reading. For the forms and written instructions, the court also points people to PALawHelp.

For how the county courts sit alongside the other county offices, see how Berks County government works. For other cases you can bring on your own without a lawyer, see our guide to small claims court in Berks County. An active PFA is one of the records that can block a license to carry a firearm.

FAQ

How much does it cost to file a PFA in Berks County?

Nothing. State law prohibits any fee for filing the petition, issuing the order, or having it served, so there is no charge to you at any stage. If the judge grants a final order, the judge can make the other person pay the court costs.

How long does a PFA last in Berks County?

A temporary order lasts until your final hearing, which is set within 10 business days. A final order lasts for a fixed period of up to three years. You can ask the court to extend a final order if the abuse continues or the person violates it.

What if I need protection at night or on the weekend?

Call 911 if you are in immediate danger. For an emergency PFA when the PFA Office is closed, PFA staff can help you apply to your local magisterial district judge, or you can go to Reading Central Court on the first floor of the courthouse after 7:00 p.m. on weekdays and anytime on weekends and holidays. That emergency order holds until the next business day, when you file a regular petition at the PFA Office.

Do I need a lawyer to get a PFA?

No. The PFA Office helps you fill out the petition, and Safe Berks advocates can go with you to court for free. You may bring your own lawyer if you want one, and Safe Berks can sometimes arrange free legal representation for the final hearing.

What happens if the abuser violates the order?

Call the police right away. Violating a PFA is a criminal contempt of court, and the person can be arrested, fined up to $1,000, and jailed for up to six months. Keep a copy of your order with you so officers can confirm it quickly.