Local protective orders sought, not often seen through (copy)
Metro Creative
Local abuse victims seeking court-ordered protection tend to abandon their requests at higher rates than the state average.
Data from the Administrative Office of Pennsylvania Courts showed higher rates of abandoned protection-from-abuse requests than the state average.
Three local counties topped last year’s state averages in the number of protection-from-abuse (PFA) orders sought, but not seen through.
At 54%, 50% and 48.9% respectively, PFA cases in Washington, Fayette and Greene counties were dismissed when either the person seeking protection doesn’t attend the final hearing, or when that person withdraws the petition.
The state average for cases resolved in those manners was 47.8%.
Data relating PFAs filed last year was recently released by the Administrative Office of Pennsylvania Courts.
Maggie Novotny, the legal advocacy coordinator with Domestic Violence Services of Southwestern Pennsylvania in those three counties, said there are a number of reasons a person would either withdraw a petition for protection, or not show up for the final hearing, which results in a petition being dismissed.
“Oftentimes it’s out of fear,” Novotny said.
Clients, she said, sometimes wonder if successfully seeking court protection will lead to escalated issues with an abuser moving forward.
The bulk of those cases dismissed last year in Washington County (34.5%) and Greene County (37.5%) came in the form of withdrawn petitions.
Fayette County’s cases, however, were dismissed at a nearly 30% rate because those seeking protection didn’t come to the final hearing. That percentage is the second highest in the state, according to data. Philadelphia has the highest, with about 50% of petitioners not attending the final hearing.
When someone seeking a PFA doesn’t show up for a final hearing, the last step in the process where a judge grants or denies a PFA, transportation or lack of child care can impact why a plaintiff doesn’t come to court, Novotny said. A plaintiff may also feel that testifying – and explaining to a judge why they are seeking protection – may harm their mental or emotional state.
While Novotny said they’ve seen similar statistics as the AOPC, those that staff their center don’t dwell on the numbers.
“Our focus is the client coming in right then and there,” she said.
Novotny said even when a client opts out of the PFA process, they ensure them that the services provided by Domestic Violence Services of Southwestern Pennsylvania are always available.
“It’s something that occurs,” Novotny said. “Everyone’s journey is different. It may take them a little longer to decide and get out of their relationship while other clients file once and that’s it.”
The PFA process typically starts with an emergency request for temporary protection, made by the person who alleges abuse. Whether the petition is granted or denied at that level, a judge typically schedules a second hearing where both the person seeking protection and the person from whom they’re seeking it are notified. Both sides are allowed to present evidence for or against a PFA. If a judge grants the petition, he or she will set parameters and the length of time for the court-ordered protection.
When a final order is granted in Fayette County, the bulk of them are done by stipulation or agreement between both sides, according to AOPC data. The same is true in Greene County, where 97 protective petitions were requested last year.
In Washington County, most final orders come as a result of a hearing before a judge.
When a client does go through that process, Novotny said they are often happy with the way things work out and are relieved by the support given to them throughout the process.
“We accompany them to the first hearing for a temporary PFA and the final hearing as well,” she said. “We’re trying constantly to make sure someone is there with them, if they want it.”
Novotny added that not only do they provide services through the PFA process, but also offer counseling as well as shelter, if needed.
For more information on the services of the Domestic Violence Services of Southwestern PA, visit www.peacefromdv.org