Protection From Abuse Series (Part 4)

The final PFA Hearing

If the PFA cannot be resolved by agreement, the matter will proceed to a final PFA hearing. At the final PFA hearing, the abused party will have the burden of proof, meaning that the abused party must prove the allegation of abuse by a “preponderance of the evidence”, which means that it is more likely than not or at least 51% more likely it’s true than not true.

At the final PFA hearing, both parties may be represented by counsel, and the parties will be under oath and be able to testify. The parties may introduce evidence and call third-party witnesses. Testimony from an abused party alone can be sufficient to prove the case, however the case can be strengthened by the addition of other evidence. The abused party will present their case first. They may testify, call witnesses, and introduce evidence in an attempt to convince the judge that a final PFA order should be issued.

The abused party can show an act of abuse occurred through medical records, photographs, x-rays, or other physical evidence of injuries.  Additionally, the abused party may attempt to introduce eyewitness testimony from third party witnesses, objective evidence like voicemails left on the plaintiff’s phone, emails, social media messages, and text messages. The alleged abuser may also cross-examine the abused parties’ witnesses and challenge the evidence.

Once the abused party rests their case, the alleged abuser may respond by testifying, calling their own witnesses, and introducing their own evidence. Each side will then make argument to the judge before the judge will make a ruling on whether to issue a final PFA Order, how long the final PFA Order will be in effect for if it is issued, and what collateral protections should be included in the final PFA Order, such as exclusive possession of property, the protection of third parties associated with the abused party, changes in custody and financial support considerations.  

Whether you are an abused party or an alleged abuser, it is important that you understand all the issues surrounding a final PFA hearing. 

The experienced PFA attorneys at Obermayer Rebmann Maxwell & Hippel LLP can help you pursue or defend a PFA action.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.