Served With a PFA in Delaware County?

Last updated October 4, 2026.

A judge of the Delaware County Court of Common Pleas holds a hearing within ten business days of the petition, and the person who filed it must prove abuse by a preponderance of the evidence (23 Pa.C.S. 6107(a); Delaware County Local Rule 1901.3(e)). You may come with a lawyer, present evidence and bring witnesses. The judge can then dismiss the petition, approve a consent agreement, or enter a final order that lasts up to three years (23 Pa.C.S. 6108(d)).

A Protection From Abuse case is civil, but it carries real consequences: possible removal from your home, limits on contact with your children, a firearms ban, and arrest if the order is violated. This page is written for the person served. For an overview of our criminal practice, see our criminal defense page. How PFA orders work from the filer's side is covered on our protection from abuse page.

How did the case get to this point?

Under the county's local rule, a PFA petition is filed first at the Office of Judicial Support, docketed and time-stamped, then sent to the Court Administrator for a judge. If the petition alleges "immediate and present danger of abuse," the judge decides on a temporary order without you present (an ex parte proceeding), and that order stays in effect "until modified or terminated by the court after notice and hearing" (Rule 1901.3(e)(2); 23 Pa.C.S. 6107(b)). How the rest of the family court system in Media works, from custody conciliation to support conferences, is covered in what to expect in Delaware County family court.

Delaware County's district court page explains that an emergency order is usually issued by a district judge after 3:00 PM on a business day or when the Court of Common Pleas is closed, and typically lasts until the next business day at the Common Pleas court. The sheriff or another designated agency serves the petition, the order and the hearing notice on you, and under the local rule the final hearing "shall not proceed without proof of docketed Affidavit of Service or waiver of service."

What does the plaintiff have to prove?

"Abuse" has a specific meaning in the PFA Act. It covers acts between family or household members, sexual or intimate partners, or people who share biological parenthood, and includes (23 Pa.C.S. 6102):

attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury or a listed sexual offense;
placing another person "in reasonable fear of imminent serious bodily injury";
false imprisonment;
physically or sexually abusing minor children; and
a course of conduct, including following, that places the person in reasonable fear of bodily injury.

The standard is a preponderance of the evidence, meaning more likely than not. That is lower than the criminal standard, so a PFA can be granted even if no criminal charge is ever filed.

What are my rights at the hearing?

When you receive notice of the hearing, the court must tell you of the right to be represented by counsel, to present evidence, and to compel witnesses to attend, and must warn you about firearm relinquishment and that a protection order "may be considered in any subsequent proceedings," including child custody (23 Pa.C.S. 6107(a)). Delaware County's rule repeats those notices.

Situation	What the rules say
Hearing set within three business days after you were served	The court must grant a continuance until three business days have passed if you ask, and must tell you of that right (6107(c)(2) and (3))
You need a different date for another reason	In Delaware County, use the continuance application form from the Court Administrator's Office; a judge or hearing officer reviews it (Rule 1901.3(e)(5))
The hearing is continued	The court may keep or enter temporary orders in the meantime (6107(c)(1))
The plaintiff wants to drop the case	The plaintiff files a petition to withdraw with the Office of Judicial Support, which is scheduled before the assigned judge (Rule 1901.3(e)(5))

The county's family court handbook says PFA hearings are held in Courtroom 1 of the main Courthouse in Media every Thursday, and that both sides may question every witness, call their own witnesses and testify before the judge decides. Because a PFA is a civil case, there is no constitutional right to a court-appointed lawyer, so a defendant who wants representation needs to arrange it before the hearing. The county's page warns that the hearing day can take "several hours or perhaps all day," so arrange work and child care. The local rule also allows a PFA hearing officer, a licensed attorney appointed by the President Judge, to hear designated matters and recommend orders to the court.

What can a final order include?

Section 6108(a) lists the relief a judge may order or a consent agreement may contain, including:

refraining from abusing the plaintiff or minor children;
giving the plaintiff possession of a shared residence and evicting the defendant;
temporary custody or visitation for minor children, decided with the risk to the children and the plaintiff in mind;
temporary support, which ends unless a support complaint is filed within two weeks;
no contact, including staying away from the plaintiff's work or school; and
a ban on acquiring or possessing firearms, with relinquishment of guns and firearm licenses.

There is one difference worth knowing before you agree to anything. A final order after a hearing must include the no-abuse terms and must make the defendant subject to the firearms relinquishment provisions, while a consent agreement "may" include them (6108(a.1)). The firearms rules are explained in whether you have to give up your guns when a PFA is entered.

How long does it last, and can it change?

A final order or consent agreement is for a fixed period of up to three years, and either party may petition to amend it at any time (6108(d)). It can be extended after a hearing if the court finds new abuse or a pattern that shows continued risk, automatically while a contempt charge is pending, and without new abuse when the defendant is about to be released, or was released within the past 90 days, from custody (6108(e)). If the two of you live together again, that does not cancel the order (6108(g)).

What happens if the order is violated?

Every order must warn that a violation can lead to arrest and to indirect criminal contempt (6108(g)), which carries up to six months in jail. The order binds you even if the plaintiff reaches out; as noted above, living together again does not cancel it. Our page on what happens if you are accused of violating a PFA explains that process. If children are involved, our child custody page covers the separate custody case.

What happens on the hearing day, step by step?

Arrive early. Go to Courtroom 1 in the main Courthouse on the listed Thursday, with your papers and any witnesses.
Proof of service. The hearing cannot go ahead without a docketed affidavit of service or a waiver of service (Rule 1901.3(e)).
A possible agreement. The parties may resolve the case by a consent agreement instead of a hearing; remember that its terms can differ from a final order on firearms (6108(a.1)).
The hearing. If there is no agreement, the plaintiff presents evidence first, then you may cross-examine, call witnesses and testify.
The decision. The judge dismisses the petition or enters a final order of up to three years.
After the order. If the order requires it, firearms must be relinquished on the schedule the law sets; if you disagree with the ruling, an appeal has strict time limits and is filed with the Office of Judicial Support.

What changes the answer?

The relationship. The PFA Act covers family or household members, sexual or intimate partners and people who share biological parenthood (6102); outside those relationships it does not apply.
The evidence of abuse. The plaintiff must prove abuse as defined in 6102 by a preponderance of the evidence.
Agreement or hearing. A consent agreement may leave the firearms terms out, while a final order after a hearing must include them (6108(a.1)); see the firearms rules.
Children. Temporary custody terms can be part of the order, and the order may be considered in later custody cases (6107(a)); see how a PFA affects custody.
A related criminal case. If criminal charges were filed over the same events, what you say at the PFA hearing matters there too; see what happens after an arrest in Delaware County.
Timing of service. Service less than three business days before the hearing gives you the right to a continuance (6107(c)).

For example: served on a Monday, hearing on Thursday

Here is a hypothetical. A man is served with a temporary PFA order on a Monday evening at his apartment in Upper Darby. The order removes him from a shared home and sets a final hearing for that Thursday in Courtroom 1. Because the hearing falls within three business days of service, he has the right to ask for a continuance, and he uses the time to hire a lawyer and gather text messages that bear on the allegations.

At the rescheduled hearing, the parties discuss a consent agreement. His lawyer explains that an agreement may leave out the firearms terms, while a final order after a hearing would require them. Whether to agree or to contest depends on the evidence and on any related criminal case. Either way, he follows every term of the temporary order in the meantime, because a violation can lead to arrest. This example is only an illustration; every case depends on its own facts.

What mistakes do people make before a PFA hearing?

Contacting the plaintiff. Even a friendly message can violate a temporary order and bring a contempt charge.
Skipping the hearing. A final order can be entered without you.
Assuming a lawyer will be appointed. There is no constitutional right to appointed counsel in the civil PFA case.
Agreeing without reading the terms. A consent agreement still binds you for up to three years, and its firearms terms matter.
Testifying without thinking about a criminal case. Statements at the hearing can matter in a parallel prosecution.
Keeping firearms after an order requires relinquishment. That is its own violation.

What should I do this week?

Read the temporary order and follow every term, including no contact and leaving the residence if ordered.
Note the hearing date, time and courtroom on your notice.
If you were served within three business days of the hearing, decide whether to ask for a continuance.
Gather messages, call logs, photos and names of witnesses for your lawyer.
If you own firearms, ask a lawyer now how relinquishment would work.
If children are involved, write down the current parenting schedule.

Frequently asked questions

Will I get a public defender for the PFA hearing?

Not for the civil PFA hearing; the county's handbook notes there is no constitutional right to a court-appointed lawyer there. If the District Attorney charges indirect criminal contempt of a PFA order, the defendant must be represented, by a private lawyer or the Public Defender if eligible.

Can the plaintiff drop the PFA?

The plaintiff can file a petition to withdraw with the Office of Judicial Support, which is scheduled before the assigned judge (Rule 1901.3(e)(5)). Until a judge acts, the temporary order stays in effect.

Is a PFA a criminal record?

A PFA is a civil order, not a conviction, but violating it can bring criminal contempt or criminal charges. How criminal records are cleared is explained in expungement, limited access and Clean Slate.

Where are PFA contempt hearings held?

According to the county's handbook, PFA contempt hearings are held at the main Courthouse in Media every Friday. The rest of the family court layout is described in what to expect in Delaware County family court.

Can a final order be extended?

Yes, after a hearing on new abuse or a continuing risk, automatically while a contempt charge is pending, and in some cases around a defendant's release from custody (6108(e)).

Our office at 117-119 N. Olive St. is across from the Delaware County Courthouse in Media. Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before your PFA hearing.

I was served with a PFA in Delaware County. What happens at the final hearing?