Legal Question in Family Law in Pennsylvania
My husband took out a pfa on me, however, we went to take my daughter to Virginia from Pennsylvania in the same car. Does that make the PFA null and void?
3 Answers from Attorneys
No, it means you violated it . . . and also that he apparently has no intention of enforcing it. If I'm right about his intentions, you should have him write a letter to the Court asking that the PFA Order be withdrawn; otherwise, you are still in direct violation of the PFA Order every time you have contact with him (even if he initiates or goes along with it!). Better safe than sorry in the end.
Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
No you BOTH violated the order.
{John}
The only one who can make a PFA null and void is a judge. Two things are going on connected with your proposed trip: YOU are risking arrest the next time the two of you argue, and HE is playing both sides by dealing directly with you while keeping the PFA. PFAs are serious, and they are not like a light switch that can be turned off and on again. If you send him flowers, he can have you arrested for doing it! I think it is a good development that the two of you want to travel together with your daughter, but don't do it halfway. Obviously your husband isn't afraid of harm from you, so if he truly is serious about a more positive interaction with you he will agree to go to court and have a judge vacate at least the "no-contact" provisions of the PFA. That's your way to test exactly how serious he is about working with you. If he hedges about retracting the PFA, you will know that he is still thinking strategically, where you are concerned.
Attorney Michael B. Greenstein
8012 Westmoreland Avenue
Pittsburgh, PA 15218
www.spousealouse.com