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88788. This page tells you what the law says. It cannot tell you what to do in your situation, and it is not a substitute for talking to an advocate or a lawyer.
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What it is called in Pennsylvania
Protection From Abuse (PFA) order
Pennsylvania's civil domestic-violence order is called a Protection From Abuse order, created by 23 Pa.C.S. Chapter 61 (the Protection from Abuse Act, 23 Pa.C.S. §§ 6101-6122). It is only available where the person seeking it and the person named have one of the relationships listed in the Act's definition of 'family or household members' (see who_qualifies_verbatim below). A person being harmed by someone outside that relationship list — a stranger, a coworker, a casual date, a landlord — cannot get a PFA and instead has to look to a second, separate law: 42 Pa.C.S. Chapter 62A, the Protection of Victims of Sexual Violence or Intimidation Act, summarized in its own section below. The two laws are administered under different chapters of different titles of the Pennsylvania Consolidated Statutes and use different court forms.
Does this cover me?
Who can ask for one
The relationship categories above (23 Pa.C.S. section 6102) set who a PFA can be sought against. Section 6106(a), now confirmed verbatim on the General Assembly's own site, sets who may sign and file the petition: an adult or emancipated minor for themselves; a parent, adult household member, or guardian ad litem on behalf of a minor child; or a guardian on behalf of an adult who has been declared incompetent. Section 6106 also requires no-cost filing for the plaintiff (see fee below) and, separately, makes it an offense under 18 Pa.C.S. section 4906 to knowingly give false information to implicate someone under this chapter.
23 Pa.C.S. Chapter 61 (Protection from Abuse). Section captions, transcribed from the chapter's own table of contents on the Pennsylvania General Assembly's official site: 6101 Short title of chapter; 6102 Definitions; 6103 Jurisdiction; 6104 Full faith and credit and foreign protection orders; 6105 Responsibilities of law enforcement agencies; 6106 Commencement of proceedings; 6107 Hearings; 6108 Relief; 6108.1 Return of relinquished firearms, other weapons and ammunition and additional relief; 6108.2 Relinquishment for consignment sale, lawful transfer or safekeeping; 6108.3 Relinquishment to third party for safekeeping; 6108.4 Registry or database of firearm ownership; 6108.5 Penalties for release of information; 6108.6 Penalty for failure to secure firearms; 6108.7 Order to seal record from public view; 6109 Service of orders; 6110 Emergency relief by minor judiciary; 6111 Domestic violence counselor/advocate; 6112 Disclosure of addresses; 6113 Arrest for violation of order; 6113.1 Private criminal complaints for violation of order or agreement; 6114 Contempt for violation of order or agreement; 6114.1 Civil contempt or modification for violation of an order or agreement; 6115 Reporting abuse and immunity; 6116 Confidentiality; 6117 Procedure and other remedies; 6118 Full faith and credit (Repealed); 6119 Immunity; 6120 Inability to pay; 6121 Warrantless searches; 6122 Construction. — who is covered23 Pa.C.S. section 6102, definition of "Family or household members": "Family or household members." Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood. 23 Pa.C.S. section 6106(a), who may file: "(a) General rule.–An adult or an emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ad litem may seek relief under this chapter on behalf of minor children, or a guardian of the person of an adult who has been declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B (relating to appointment of guardian) may seek relief on behalf of the incompetent adult, by filing a petition with the court alleging abuse by the defendant."
What you have to show
23 Pa.C.S. Chapter 61 (Protection from Abuse). Section captions, transcribed from the chapter's own table of contents on the Pennsylvania General Assembly's official site: 6101 Short title of chapter; 6102 Definitions; 6103 Jurisdiction; 6104 Full faith and credit and foreign protection orders; 6105 Responsibilities of law enforcement agencies; 6106 Commencement of proceedings; 6107 Hearings; 6108 Relief; 6108.1 Return of relinquished firearms, other weapons and ammunition and additional relief; 6108.2 Relinquishment for consignment sale, lawful transfer or safekeeping; 6108.3 Relinquishment to third party for safekeeping; 6108.4 Registry or database of firearm ownership; 6108.5 Penalties for release of information; 6108.6 Penalty for failure to secure firearms; 6108.7 Order to seal record from public view; 6109 Service of orders; 6110 Emergency relief by minor judiciary; 6111 Domestic violence counselor/advocate; 6112 Disclosure of addresses; 6113 Arrest for violation of order; 6113.1 Private criminal complaints for violation of order or agreement; 6114 Contempt for violation of order or agreement; 6114.1 Civil contempt or modification for violation of an order or agreement; 6115 Reporting abuse and immunity; 6116 Confidentiality; 6117 Procedure and other remedies; 6118 Full faith and credit (Repealed); 6119 Immunity; 6120 Inability to pay; 6121 Warrantless searches; 6122 Construction. — the grounds23 Pa.C.S. section 6102, definition of "Abuse": "Abuse." The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood: (1) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon. (2) Placing another in reasonable fear of imminent serious bodily injury. (3) The infliction of false imprisonment pursuant to 18 Pa.C.S. § 2903 (relating to false imprisonment). (4) Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services). (5) Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).
Can I get something today?
temporary order — before any hearing
This is the order a court can make without the other person present. It is short by design: it holds until a hearing, and the hearing is where the longer order is decided.
The standard the court applies23 Pa.C.S. section 6107(b): "(b) Temporary orders.– (1) If a plaintiff petitions for temporary order for protection from abuse and alleges immediate and present danger of abuse to the plaintiff or minor children, the court shall conduct an ex parte proceeding. (2) The court may enter such a temporary order as it deems necessary to protect the plaintiff or minor children when it finds they are in immediate and present danger of abuse. The order shall remain in effect until modified or terminated by the court after notice and hearing. (3) In addition to any other relief, the court may, pursuant to section 6108 (relating to relief), direct that the defendant temporarily relinquish to the sheriff any firearms, other weapons or ammunition for the duration of the temporary order if the petition demonstrates any of the following: (i) Abuse which involves a firearm or other weapon. (ii) An immediate and present danger of abuse. In determining whether an immediate and present danger of abuse exists, the court shall consider a number of factors, including, but not limited to: (A) Whether the temporary order of protection from abuse is not likely to achieve its purpose in the absence of such a condition. (B) Whether the defendant has previously violated a protection from abuse order. (C) Whether past or present abuse to the plaintiff or any of the plaintiff's minor children resulted in injury. (D) Whether the abuse occurred in public. (E) Whether the abuse includes: (I) threats of abuse or suicide; (II) killing or threatening to kill pets; (III) an escalation of violence; (IV) stalking or obsessive behavior; (V) sexual violence; or (VI) drug or excessive alcohol use. (4) If the court orders the defendant to temporarily relinquish any firearm, other weapon or ammunition pursuant to paragraph (3), the defendant shall decide in what manner the defendant is going to relinquish any firearm, other weapon or ammunition listed in the order. Relinquishment may be to the sheriff pursuant to section 6108(a)(7) or to a third party for safekeeping pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping)."
How long it lasts23 Pa.C.S. section 6107(b)(2): "The order shall remain in effect until modified or terminated by the court after notice and hearing."
Section 6107(a) requires the full hearing within ten business days of filing. A temporary, ex parte order under 6107(b) requires the plaintiff to allege "immediate and present danger of abuse" to the plaintiff or minor children, and stays in effect until the hearing rather than expiring on a fixed clock of its own. The court can also, at this ex parte stage, order the defendant to temporarily relinquish firearms if the petition shows abuse involving a firearm or other weapon, or an immediate and present danger of abuse assessed against a list of factors the statute itself sets out (a prior violation of a PFA order, injury, public abuse, threats of suicide or of killing pets, escalation, stalking, sexual violence, or drug or excessive alcohol use). Outside normal court hours, 23 Pa.C.S. section 6110 lets a petition go before a hearing officer, who may grant relief limited to sections 6108(a)(1), (2), (6), and in some cases (9.1) — no-abuse, exclusion from the residence, and no-contact, but not the fuller custody, support, or firearms relief a judge can order after the full hearing — "if the hearing officer deems it necessary to protect the plaintiff or minor children from abuse upon good cause shown in an ex parte proceeding," where "immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause." That order expires "at the end of the next business day the court deems itself available," and is then reviewed by the court.
The order after a hearing
How long it lasts, and whether it can be extended
The standard the court applies23 Pa.C.S. section 6108(a): "the court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children," entered after the hearing required by section 6107(a), at which "the plaintiff must prove the allegation of abuse by a preponderance of the evidence."
How long23 Pa.C.S. section 6108(d): "A protection order or approved consent agreement shall be for a fixed period of time not to exceed three years."
Extending or renewing it23 Pa.C.S. section 6108(e): "(e) Extension of protection orders.– (1) An extension of a protection order may be granted: (i) Where the court finds, after a duly filed petition, notice to the defendant and a hearing, in accordance with the procedures set forth in sections 6106 and 6107, that the defendant committed one or more acts of abuse subsequent to the entry of the final order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, minor child or companion animal. (ii) When a contempt petition or charge has been filed with the court or with a hearing officer in Philadelphia County, but the hearing has not occurred before the expiration of the protection order, the order shall be extended, at a minimum, until the disposition of the contempt petition and may be extended for another term beyond the disposition of the contempt petition. (iii) If the plaintiff files a petition for an extension of the order and the defendant is or was incarcerated and will be released from custody in the next 90 days or has been released from custody within the past 90 days. The plaintiff does not need to show that the defendant committed one or more acts of abuse subsequent to the entry of the order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or minor children as set forth in subparagraph (i). (2) Service of an extended order shall be made in accordance with section 6109 (relating to service of orders). (3) There shall be no limitation on the number of extensions that may be granted."
The three-year maximum is confirmed directly from the statute, not just the court system's paraphrase. Extension is not automatic: it requires a new petition and hearing, and the court must find either a new act of abuse since the order, or a pattern showing continued risk (extraordinarily, an incarcerated defendant's release also supports an extension without needing to show a new act). There is no cap on the number of extensions.
What the judge can actually order
Wider than most people expect. In most states this list reaches the home, the children and money, not just distance.
The statutory list
23 Pa.C.S. Chapter 61 (Protection from Abuse). Section captions, transcribed from the chapter's own table of contents on the Pennsylvania General Assembly's official site: 6101 Short title of chapter; 6102 Definitions; 6103 Jurisdiction; 6104 Full faith and credit and foreign protection orders; 6105 Responsibilities of law enforcement agencies; 6106 Commencement of proceedings; 6107 Hearings; 6108 Relief; 6108.1 Return of relinquished firearms, other weapons and ammunition and additional relief; 6108.2 Relinquishment for consignment sale, lawful transfer or safekeeping; 6108.3 Relinquishment to third party for safekeeping; 6108.4 Registry or database of firearm ownership; 6108.5 Penalties for release of information; 6108.6 Penalty for failure to secure firearms; 6108.7 Order to seal record from public view; 6109 Service of orders; 6110 Emergency relief by minor judiciary; 6111 Domestic violence counselor/advocate; 6112 Disclosure of addresses; 6113 Arrest for violation of order; 6113.1 Private criminal complaints for violation of order or agreement; 6114 Contempt for violation of order or agreement; 6114.1 Civil contempt or modification for violation of an order or agreement; 6115 Reporting abuse and immunity; 6116 Confidentiality; 6117 Procedure and other remedies; 6118 Full faith and credit (Repealed); 6119 Immunity; 6120 Inability to pay; 6121 Warrantless searches; 6122 Construction. — remedies23 Pa.C.S. section 6108(a): "(a) General rule.–Subject to subsection (a.1), the court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include: (1) Directing the defendant to refrain from abusing the plaintiff or minor children. (2) Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff if the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff. (3) If the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, with the consent of the plaintiff, ordering the defendant to provide suitable alternate housing. (4) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children. In determining whether to award temporary custody or establish temporary visitation rights pursuant to this paragraph, the court shall consider any risk posed by the defendant to the children as well as risk to the plaintiff. The following shall apply: (i) A defendant shall not be granted custody, partial custody or unsupervised visitation where it is alleged in the petition, and the court finds after a hearing under this chapter, that the defendant: (A) abused the minor children of the parties or poses a risk of abuse toward the minor children of the parties; or (B) has been convicted of violating 18 Pa.C.S. § 2904 (relating to interference with custody of children) within two calendar years prior to the filing of the petition for protection order or that the defendant poses a risk of violating 18 Pa.C.S. § 2904. (ii) Where the court finds after a hearing under this chapter that the defendant has inflicted abuse upon the plaintiff or a child, the court may require supervised custodial access by a third party. The third party must agree to be accountable to the court for supervision and execute an affidavit of accountability. (iii) Where the court finds after a hearing under this chapter that the defendant has inflicted serious abuse upon the plaintiff or a child or poses a risk of abuse toward the plaintiff or a child, the court may: (A) award supervised visitation in a secure visitation facility; or (B) deny the defendant custodial access to a child. (iv) If a plaintiff petitions for a temporary order under section 6107(b) (relating to hearings) and the defendant has partial, shared or full custody of the minor children of the parties by order of court or written agreement of the parties, the custody shall not be disturbed or changed unless the court finds that the defendant is likely to inflict abuse upon the children or to remove the children from the jurisdiction of the court prior to the hearing under section 6107(a). Where the defendant has forcibly or fraudulently removed any minor child from the care and custody of a plaintiff, the court shall order the return of the child to the plaintiff unless the child would be endangered by restoration to the plaintiff. (v) Nothing in this paragraph shall bar either party from filing a petition for custody under Chapter 53 (relating to custody) or under the Pennsylvania Rules of Civil Procedure. (vi) In order to prevent further abuse during periods of access to the plaintiff and child during the exercise of custodial rights, the court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children from abuse. (5) After a hearing in accordance with section 6107(a), directing the defendant to pay financial support to those persons the defendant has a duty to support, requiring the defendant, under sections 4324 (relating to inclusion of medical support) and 4326 (relating to mandatory inclusion of child medical support), to provide health coverage for the minor child and spouse, directing the defendant to pay all of the unreimbursed medical expenses of a spouse or minor child of the defendant to the provider or to the plaintiff when he or she has paid for the medical treatment, and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff to the extent that the defendant has a duty to support the plaintiff or other dependent household members. The support order shall be temporary, and any beneficiary of the order must file a complaint for support under the provisions of Chapters 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) within two weeks of the date of the issuance of the protection order. If a complaint for support is not filed, that portion of the protection order requiring the defendant to pay support is void. When there is a subsequent ruling on a complaint for support, the portion of the protection order requiring the defendant to pay support expires. (6) Prohibiting the defendant from having any contact with the plaintiff or minor children, including, but not limited to, restraining the defendant from entering the place of employment or business or school of the plaintiff or minor children and from harassing the plaintiff or plaintiff's relatives or minor children. (7) Prohibiting the defendant from acquiring or possessing any firearm for the duration of the order, ordering the defendant to temporarily relinquish to the sheriff or the appropriate law enforcement agency any firearms under the defendant's possession or control, and requiring the defendant to relinquish to the sheriff or the appropriate law enforcement agency any firearm license issued under section 6108.3 (relating to relinquishment to third party for safekeeping) or 18 Pa.C.S. § 6106 (relating to firearms not to be carried without a license) or 6109 (relating to licenses) the defendant may possess. The court may also order the defendant to relinquish the defendant's other weapons or ammunition that have been used or been threatened to be used in an incident of abuse against the plaintiff or the minor children. A copy of the court's order shall be transmitted to the chief or head of the appropriate law enforcement agency and to the sheriff of the county of which the defendant is a resident. When relinquishment is ordered, the following shall apply: (i) (A) The court's order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs' offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant's firearms. (B) A defendant subject to a temporary order requiring the relinquishment of firearms, other weapons or ammunition shall, in lieu of relinquishing specific firearms, other weapons or ammunition which cannot reasonably be retrieved within the time for relinquishment in clause (A) due to their current location, provide the sheriff or the appropriate law enforcement agency with an affidavit listing the firearms, other weapons or ammunition and their current location. If the defendant, within the time for relinquishment in clause (A), fails to provide the affidavit or fails to relinquish, pursuant to this chapter, any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement authorities. The defendant shall not possess any firearms, other weapons or ammunition specifically listed in the affidavit provided to the sheriff or the appropriate law enforcement agency pursuant to this clause for the duration of the temporary order. (C) As used in this subparagraph, the term "cause" shall be limited to facts relating to the inability of the defendant to retrieve a specific firearm within 24 hours due to the current location of the firearm. (ii) The court's order shall contain a list of any firearm, other weapon or ammunition ordered relinquished. Upon the entry of a final order, the defendant shall inform the court in what manner the defendant is going to relinquish any firearm, other weapon or ammunition ordered relinquished. Relinquishment may occur pursuant to section 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 or to the sheriff or the appropriate law enforcement agency pursuant to this paragraph. Where the sheriff or the appropriate law enforcement agency is designated, the sheriff or the appropriate law enforcement agency shall secure custody of the defendant's firearms, other weapons or ammunition and any firearm license listed in the court's order for the duration of the order or until otherwise directed by court order. In securing custody of the defendant's relinquished firearms, the sheriff or the appropriate law enforcement agency shall comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms). In securing custody of the defendant's other weapons and ammunition, the sheriff or the appropriate law enforcement agency shall provide the defendant with a signed and dated written receipt which shall include a detailed description of the other weapon or ammunition and its condition. The court shall inform the defendant that firearms, other weapons or ammunition shall be deemed abandoned when the conditions under 18 Pa.C.S. § 6128(a) (relating to abandonment of firearms, weapons or ammunition) are satisfied and may then be disposed of in accordance with 18 Pa.C.S. § 6128. (iii) The sheriff or the appropriate law enforcement agency shall provide the plaintiff with the name of the person to which any firearm, other weapon or ammunition was relinquished. (iv) Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 or 6108.3, if the defendant fails to relinquish any firearm, other weapon, ammunition or firearm license within 24 hours or upon the close of the next business day due to closure of sheriffs' or appropriate law enforcement agencies' offices or within the time ordered by the court upon cause being shown at the hearing, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies, as appropriate. (v) Any portion of any order or any petition or other paper which includes a list of any firearm, other weapon or ammunition ordered relinquished shall be kept in the files of the court as a permanent record thereof and withheld from public inspection except: (A) upon an order of the court granted upon cause shown; (B) as necessary, by law enforcement and court personnel; or (C) after redaction of information listing any firearm, other weapon or ammunition. (vi) As used in this paragraph, the term "defendant's firearms" shall, if the defendant is a licensed firearms dealer, only include firearms in the defendant's personal firearms collection pursuant to 27 CFR § 478.125a (relating to personal firearms collection). (7.1) If the defendant is a licensed firearms dealer, ordering the defendant to follow such restrictions as the court may require concerning the conduct of his business, which may include ordering the defendant to relinquish any Federal or State license for the sale, manufacture or importation of firearms as well as firearms in the defendant's business inventory. In restricting the defendant pursuant to this paragraph, the court shall make a reasonable effort to preserve the financial assets of the defendant's business while fulfilling the goals of this chapter. (8) Directing the defendant to pay the plaintiff for reasonable losses suffered as a result of the abuse, including medical, dental, relocation and moving expenses; counseling; loss of earnings or support; costs of repair or replacement of real or personal property damaged, destroyed or taken by the defendant or at the direction of the defendant; and other out-of-pocket losses for injuries sustained. In addition to out-of-pocket losses, the court may direct the defendant to pay reasonable attorney fees. An award under this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter. (9) Directing the defendant to refrain from stalking or harassing the plaintiff and other designated persons as defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and 2709.1 (relating to stalking). (9.1) Granting temporary ownership rights over a companion animal and directing the defendant to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal or contacting or entering the property of any person sheltering the companion animal. (10) Granting any other appropriate relief sought by the plaintiff. (a.1) Final order or agreement.–The following apply: (1) Any final order must direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff or minor children and must order that the defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition relinquishment provisions under subsection (a)(7). (2) A final agreement may direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff, minor children or companion animal and may order that the defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition and relinquishment provisions under subsection (a)(7)."
Firearms
What Pennsylvania’s own law says
A defendant ordered to relinquish firearms under a PFA has three routes: hand them to the sheriff or appropriate law enforcement agency; sell or transfer them through a licensed dealer under section 6108.2 (the dealer may charge a reasonable fee, and must obtain a sworn affidavit that the firearm will not be sold or transferred back to the defendant or to anyone in the defendant's household while the order is active); or relinquish them to a vetted third party under section 6108.3, who must be found by the sheriff not to be prohibited from possessing firearms and must sign an affidavit agreeing not to return them or give the defendant access while the order is active, on a safekeeping permit issued at no cost. Section 6108(a)(7) also reaches any firearm license the defendant holds under 23 Pa.C.S. section 6108 and requires it be relinquished alongside the firearms themselves. The operative text of 23 Pa.C.S. section 6105 (Responsibilities of law enforcement agencies) and of 42 Pa.C.S. section 6114 (contempt penalties for a violation, which can include a firearms violation) we could not reached; see the gaps note at the bottom of this page. Separately, 18 Pa.C.S. section 6105 — a different section, in a different title, dealing with who may not possess firearms under Pennsylvania's Crimes Code — and the federal firearms prohibition at 18 U.S.C. section 922(g)(8) both interact with a PFA order; section 6107(a) requires the court to advise a defendant of both at the hearing notice stage. The federal layer at the bottom of this page covers 922(g)(8) generally.
23 Pa.C.S. Chapter 61 (Protection from Abuse). Section captions, transcribed from the chapter's own table of contents on the Pennsylvania General Assembly's official site: 6101 Short title of chapter; 6102 Definitions; 6103 Jurisdiction; 6104 Full faith and credit and foreign protection orders; 6105 Responsibilities of law enforcement agencies; 6106 Commencement of proceedings; 6107 Hearings; 6108 Relief; 6108.1 Return of relinquished firearms, other weapons and ammunition and additional relief; 6108.2 Relinquishment for consignment sale, lawful transfer or safekeeping; 6108.3 Relinquishment to third party for safekeeping; 6108.4 Registry or database of firearm ownership; 6108.5 Penalties for release of information; 6108.6 Penalty for failure to secure firearms; 6108.7 Order to seal record from public view; 6109 Service of orders; 6110 Emergency relief by minor judiciary; 6111 Domestic violence counselor/advocate; 6112 Disclosure of addresses; 6113 Arrest for violation of order; 6113.1 Private criminal complaints for violation of order or agreement; 6114 Contempt for violation of order or agreement; 6114.1 Civil contempt or modification for violation of an order or agreement; 6115 Reporting abuse and immunity; 6116 Confidentiality; 6117 Procedure and other remedies; 6118 Full faith and credit (Repealed); 6119 Immunity; 6120 Inability to pay; 6121 Warrantless searches; 6122 Construction. — firearms23 Pa.C.S. section 6108(a)(7): "(7) Prohibiting the defendant from acquiring or possessing any firearm for the duration of the order, ordering the defendant to temporarily relinquish to the sheriff or the appropriate law enforcement agency any firearms under the defendant's possession or control, and requiring the defendant to relinquish to the sheriff or the appropriate law enforcement agency any firearm license issued under section 6108.3 (relating to relinquishment to third party for safekeeping) or 18 Pa.C.S. § 6106 (relating to firearms not to be carried without a license) or 6109 (relating to licenses) the defendant may possess. The court may also order the defendant to relinquish the defendant's other weapons or ammunition that have been used or been threatened to be used in an incident of abuse against the plaintiff or the minor children. A copy of the court's order shall be transmitted to the chief or head of the appropriate law enforcement agency and to the sheriff of the county of which the defendant is a resident. When relinquishment is ordered, the following shall apply: (i) (A) The court's order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs' offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant's firearms. (B) A defendant subject to a temporary order requiring the relinquishment of firearms, other weapons or ammunition shall, in lieu of relinquishing specific firearms, other weapons or ammunition which cannot reasonably be retrieved within the time for relinquishment in clause (A) due to their current location, provide the sheriff or the appropriate law enforcement agency with an affidavit listing the firearms, other weapons or ammunition and their current location. If the defendant, within the time for relinquishment in clause (A), fails to provide the affidavit or fails to relinquish, pursuant to this chapter, any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement authorities. The defendant shall not possess any firearms, other weapons or ammunition specifically listed in the affidavit provided to the sheriff or the appropriate law enforcement agency pursuant to this clause for the duration of the temporary order. (C) As used in this subparagraph, the term "cause" shall be limited to facts relating to the inability of the defendant to retrieve a specific firearm within 24 hours due to the current location of the firearm. (ii) The court's order shall contain a list of any firearm, other weapon or ammunition ordered relinquished. Upon the entry of a final order, the defendant shall inform the court in what manner the defendant is going to relinquish any firearm, other weapon or ammunition ordered relinquished. Relinquishment may occur pursuant to section 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 or to the sheriff or the appropriate law enforcement agency pursuant to this paragraph. Where the sheriff or the appropriate law enforcement agency is designated, the sheriff or the appropriate law enforcement agency shall secure custody of the defendant's firearms, other weapons or ammunition and any firearm license listed in the court's order for the duration of the order or until otherwise directed by court order. In securing custody of the defendant's relinquished firearms, the sheriff or the appropriate law enforcement agency shall comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms). In securing custody of the defendant's other weapons and ammunition, the sheriff or the appropriate law enforcement agency shall provide the defendant with a signed and dated written receipt which shall include a detailed description of the other weapon or ammunition and its condition. The court shall inform the defendant that firearms, other weapons or ammunition shall be deemed abandoned when the conditions under 18 Pa.C.S. § 6128(a) (relating to abandonment of firearms, weapons or ammunition) are satisfied and may then be disposed of in accordance with 18 Pa.C.S. § 6128. (iii) The sheriff or the appropriate law enforcement agency shall provide the plaintiff with the name of the person to which any firearm, other weapon or ammunition was relinquished. (iv) Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 or 6108.3, if the defendant fails to relinquish any firearm, other weapon, ammunition or firearm license within 24 hours or upon the close of the next business day due to closure of sheriffs' or appropriate law enforcement agencies' offices or within the time ordered by the court upon cause being shown at the hearing, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies, as appropriate. (v) Any portion of any order or any petition or other paper which includes a list of any firearm, other weapon or ammunition ordered relinquished shall be kept in the files of the court as a permanent record thereof and withheld from public inspection except: (A) upon an order of the court granted upon cause shown; (B) as necessary, by law enforcement and court personnel; or (C) after redaction of information listing any firearm, other weapon or ammunition. (vi) As used in this paragraph, the term "defendant's firearms" shall, if the defendant is a licensed firearms dealer, only include firearms in the defendant's personal firearms collection pursuant to 27 CFR § 478.125a (relating to personal firearms collection). (7.1) If the defendant is a licensed firearms dealer, ordering the defendant to follow such restrictions as the court may require concerning the conduct of his business, which may include ordering the defendant to relinquish any Federal or State license for the sale, manufacture or importation of firearms as well as firearms in the defendant's business inventory. In restricting the defendant pursuant to this paragraph, the court shall make a reasonable effort to preserve the financial assets of the defendant's business while fulfilling the goals of this chapter." 23 Pa.C.S. section 6108.2(a) (consignment sale or lawful transfer to a licensed dealer, in lieu of relinquishing to the sheriff): "(a) General rule.–Notwithstanding any other provision of law, a defendant who is the subject of a final protection from abuse order, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, may, within the time frame specified in the order and in lieu of relinquishment to the sheriff or the appropriate law enforcement agency, relinquish to a dealer licensed pursuant to 18 Pa.C.S. § 6113 (relating to licensing of dealers) any firearms, other weapons or ammunition for consignment sale, lawful transfer or safekeeping. The dealer may charge the defendant a reasonable fee for accepting relinquishment and for storage of any firearms, other weapons or ammunition." 23 Pa.C.S. section 6108.3(a) (relinquishment to a third party for safekeeping): "(a) General rule.–A defendant who is the subject of a protection from abuse order, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, may, within the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish any firearms, other weapons or ammunition for safekeeping to a third party who meets the requirements of a third party under subsection (b)(3)."
▸ See how this compares — all 50 states, side by side
What it costs
Fees
That sentence is from the Unified Judicial System of Pennsylvania's own page on protection orders (pacourts.us), not from the statute itself; we could not reach 23 Pa.C.S. section 6106(b), where the no-fee rule is expected to be codified, during this research session (see blocked[]). A second, independent official source corroborates the same rule without quoting the statute's own sentence: a Pennsylvania Supreme Court rules document hosted on the court system's site, describing a change to the standard PFA final-order form, states that the form was "amended to reflect the statute's prohibition against charging the plaintiff fees or costs related to filing, service, registration or appeal in any Protection From Abuse matter." Both sources agree that filing and service are free to the person seeking protection; neither is the statute's own wording.
23 Pa.C.S. Chapter 61 (Protection from Abuse). Section captions, transcribed from the chapter's own table of contents on the Pennsylvania General Assembly's official site: 6101 Short title of chapter; 6102 Definitions; 6103 Jurisdiction; 6104 Full faith and credit and foreign protection orders; 6105 Responsibilities of law enforcement agencies; 6106 Commencement of proceedings; 6107 Hearings; 6108 Relief; 6108.1 Return of relinquished firearms, other weapons and ammunition and additional relief; 6108.2 Relinquishment for consignment sale, lawful transfer or safekeeping; 6108.3 Relinquishment to third party for safekeeping; 6108.4 Registry or database of firearm ownership; 6108.5 Penalties for release of information; 6108.6 Penalty for failure to secure firearms; 6108.7 Order to seal record from public view; 6109 Service of orders; 6110 Emergency relief by minor judiciary; 6111 Domestic violence counselor/advocate; 6112 Disclosure of addresses; 6113 Arrest for violation of order; 6113.1 Private criminal complaints for violation of order or agreement; 6114 Contempt for violation of order or agreement; 6114.1 Civil contempt or modification for violation of an order or agreement; 6115 Reporting abuse and immunity; 6116 Confidentiality; 6117 Procedure and other remedies; 6118 Full faith and credit (Repealed); 6119 Immunity; 6120 Inability to pay; 6121 Warrantless searches; 6122 Construction. — feesThere is no cost to file for a protection order.
Worth knowing about Pennsylvania
Two things are worth flagging even with the gaps noted below. First, the table of contents alone shows how much weight Pennsylvania's Protection From Abuse Act puts on firearms: seven consecutive sections (6108 through 6108.7) deal with relief, relinquishment, safekeeping, third-party transfer, a firearm-ownership registry, penalties for misusing that registry's information, a penalty for failing to secure a firearm, and sealing the record — a level of statutory detail on firearms that most states do not have. Second, Pennsylvania keeps its sexual-violence and stalking protective order completely separate from its family-violence order: a person who cannot show one of the relationships in 23 Pa.C.S. section 6102's "family or household members" definition does not get a weaker version of a PFA, they get a different order under a different title of the Pennsylvania Consolidated Statutes (42 Pa.C.S. Chapter 62A), described below.
The part that is the same in every state
An order from one state works in all of them
This is federal law and it does not change at a state line. An order issued by one state, tribe or territory must be enforced by every other as if that state had issued it. And you do not have to register it in the new state first — registration is optional, not a precondition to enforcement.
18 U.S.C. s. 2265(a)Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State or tribe.
18 U.S.C. s. 2265(d)(2)Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.
The same section also says the enforcing state must not tell the restrained person that the order has been registered there unless the protected person asks it to, and must not publish anything online that would be likely to reveal the protected person’s identity or location.
The federal firearms rule needs a hearing first
This is the single most misunderstood point in the whole subject, and it cuts against what most people assume. The federal prohibition at 18 U.S.C. s. 922(g)(8) reaches a person subject to an order only where three things are true: the order was made after a hearing of which they had actual notice and at which they had a chance to take part; it restrains them in relation to an intimate partner or that partner’s child; and it either carries a credible-threat finding or expressly forbids the use of force.
So an emergency or ex parte order does not trigger the federal prohibition on its own — there has been no hearing yet. State law may go further, and many states do, which is why the state rule is set out on this page separately. In United States v. Rahimi (2024) the Supreme Court upheld s. 922(g)(8), holding that “When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”
This rule is narrower than it looks, and the detail matters. Who counts as an “intimate partner” is a defined term that excludes dating partners you never lived with; the two halves of the third condition are not equally settled after Rahimi; and there is a separate federal route based on convictions rather than orders, which does reach dating partners. We set all of it out, quoted from the United States Code, on one page: Guns and protection orders — the federal rule.
How does this state compare? Ten states do nothing at all about firearms on a protection order; fourteen prohibit possession but give the court no way to collect them. All fifty side by side: which states actually take the guns.
You should not be charged for this — in any state
This is settled, and it is worth knowing before you walk into a courthouse. Under 34 U.S.C. s. 10450, a state applying for STOP grant funding must certify to the Attorney General that its "laws, policies, and practices do not require" a victim to bear the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order or a petition for one — nor the costs of filing criminal charges, or of warrants and witness subpoenas. A jurisdiction that does charge has its funds withheld and redistributed to the states that do not.
Every state receives STOP funding and every state has certified compliance. The practical consequence, in the words of the National Center on Protection Orders and Full Faith & Credit, is that victims "should not be required to pay such costs in any state". That covers having the papers served on the other person, which is the charge people are most often asked for.
Two honest qualifications. The provision does not stop a court charging the respondent — many states order costs against them, and that is permitted. And it is a funding condition rather than a direct federal ban, so what a clerk does on a given day can still be wrong. If you are asked to pay a fee for any of the things listed above, you can say that your state has certified under 34 U.S.C. s. 10450 that it does not charge for them. Advocates can also raise it with the National Center on Protection Orders and Full Faith & Credit on 1-800-903-0111, prompt 2.
Where this state’s own statute says so expressly, that is quoted above.
Checked 29 August 2026How we checked this page
Every quotation on this page was read in the source named in the Authority line above, not taken from a summary or another website. On this date we also re-checked every section cited for repeal, renumbering or amendment since 2024 — the sweep that caught North Dakota’s chapter being repealed and replaced, and Nebraska’s moving to an entirely new title.
What we could not do, and would rather say so than paper over:
- Pennsylvania was the hardest state on this site to source. The General Assembly’s own statute pages refused every attempt — more than five each, spread across the session and retried after waits — with the same robots.txt error, on both the older legis.state.pa.us domain and the newer palegis.us one. The sections we could never read are the heart of the Protection From Abuse Act: s. 6105 (responsibilities of law enforcement, relevant to firearms at the scene), s. 6106 (who may file, and the no-fee rule), s. 6108 (relief, including maximum final-order duration and extension), s. 6108.2 (relinquishment for consignment sale, lawful transfer or safekeeping), s. 6110 (emergency relief by the minor judiciary, the after-hours route) and s. 6114 (contempt for violation, and its penalties). We also could not read 42 Pa.C.S. s. 62A13, part of the Protection of Victims of Sexual Violence or Intimidation Act, nor 231 Pa. Code Chapter 1900, the procedural rule governing these actions.
- What that means for you: this is the state where you should lean hardest on the clerk and on a local advocate rather than on any website, ours included. Where this page states a Pennsylvania figure, we found it in a source we could open, and we say so at the point we use it — but we could not check it against the Commonwealth’s own text.
What we cannot promise is that nothing has changed since this date. Quote the words with confidence; check a section number before you put it in a filing. And if anything here does not match what a clerk or judge tells you, the court is right and we are wrong — tell us and we will fix it.
We keep a public record of every time we have got the law wrong on these pages, what caused it, and how long it was live: where we were wrong.
If there are children
What Pennsylvania presumes about custody, and the emergency jurisdiction that exists when someone has to leave the state.
Know someone in Pennsylvania staring at this number?
A straight answer about money is more useful than most advice, and it costs nothing to pass along. Nothing here asks for their real name, and nobody finds out they looked.