Can an emergency PFA prevent me from seeing my son?

Q: After an argument my boyfriend, he had me arrested and then filed a PFA that included my son. My son was in no way involved in the argument until I was told to leave the house and wanted to take him with me. (Pittsburgh, PA)

A: I am not sure of all the facts here, like is this child both of yours, is the house your boyfriend’s or yours, etc.? Regardless, if the PFA has been filed but no hearing has been held yet, you should defend it at the time of the hearing. There is not much you can do while the Emergency PFA Order is in effect. At the final hearing, a judge can grant the petition, deny the petition or find it does not apply to your son if granted. Additionally, most PFA’s are settled by agreement. Perhaps you can settle it in a way that the PFA does not apply to your son. If you want to see your son pending the emergency PFA order, talk to an attorney about filing an emergency motion for custody pending PFA hearing.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.