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Below is a cache of http://www.womenslawproject.org/reports/Petition_Modify_Protection_From_Abuse_Order.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. PETITION TO MODIFY PROTECTION FROM ABUSE ORDER PETITION TO MODIFY PROTECTION FROM ABUSE ORDER INSTRUCTION SHEET USE THIS FORM IF YOU NEED TO CHANGE YOUR FINAL OR TEMPORARY PROTECTION FROM ABUSE ORDER. These instructions are meant to give you
general information and not legal advice.
1. Complete, date, and sign the Petition to Modify. Detailed instructions on how to do this are
included in this packet. Do not include your address if it is not safe to disclose your location.
2. The Petition to Modify is a packet. You must have ALL of the following documents included
in your packet:
Rule (Fill in caption only) Order (Fill in caption only) Petition and Verification Affidavit of Service Blank Temporary Ex Parte Order (Fill in caption only)
3. There is no cost to file a Petition to Modify.
4. File the original and two copies of the Packet at:
Philadelphia Family Court Domestic Violence Unit 34 S. 11 th Street, Room 242 Philadelphia, PA 19107 If you have questions you can call: 215-686-3512.
5. When you file your Petition, include the original and two copies. When you deliver your
Petition to the Domestic Violence Unit, you must wait or return for your Petition and Temporary
Order. You will be given a packet that includes these documents along with a Notice of Hearing
and Order and Affidavit of Service. The Defendant must be served with these documents.
6. When you pick up your papers ask the clerk if the Judge granted your temporary order.
Sponsored by the Family Law Section of the Philadelphia Bar Association January, 2008
7. You will receive a Rule with a hearing date when you pick up the packet. If your petition
was granted, you will also receive a Temporary Ex Parte Order.
8. After you receive the packet from the court, you must serve the Defendant. Service is
accomplished by handing the Defendant one packet with the following documents:
Rule, Temporary Ex Parte Order (if one was given), and Petition to Modify. While any responsible adult may serve the papers, it is suggested that you have the Philadelphia
Police make service. To obtain police assistance, take all the necessary papers provided to you
by the court to the Police District Headquarters in which the Defendant can be located
(residence, work, etc.) and request an officer to assist you in serving the Protection From Abuse
order. The person who serves the papers on the Defendant must complete, sign, and return the
affidavit of service to you. You must bring this Affidavit of Service to court with you.
9. If the Defendant will not take the packet of materials, the person serving the packet should
leave the packet in the Defendants presence and complete the Affidavit of Service. The
completed Affidavit of Service must be brought to court with you.
10. If you are unable to serve the Defendant, you may ask the court at the hearing for permission
to serve by another means, including by mail.
11. KEEP A COPY OF YOUR ORIGINAL FINAL PROTECTION ORDER AND
TEMPORARY EX PARTE ORDER WITH YOU AT ALL TIMES.
12. Go back to court for the hearing date, even if you have not been able to serve the Defendant.
IF YOU DO NOT APPEAR FOR THE HEARING, YOUR PETITION TO MODIFY AND
YOUR TEMPORARY ORDER WILL BE DISMISSED.
13. In addition to requesting a modification of the order, you may also want to request an
extension of the Protection From Abuse Order. See the instructions for Petition to Extend
Protection From Abuse Order.
WORDS AND PHRASES USED IN THE PROTECTION FROM ABUSE PETITION:
PLAINTIFF: Person who filed the original PFA petition
DEFENDANT: Person against whom the original PFA petition was filed
PETITIONER: Person who is filing this modification petition
RESPONDENT: Person against whom the petition is filed
RELIEF AVAILABLE UNDER THE PROTECTION FROM ABUSE ACT:
The court may grant any protection order or approve any consent agreement to stop the
Defendant from abusing you or your minor child/ren. The order or agreement will last for up to
3 years. The order or agreement may include language:
Directing the Defendant to stop abusing you or your minor child/ren.
Evicting the Defendant from the residence or household, even when the Defendant is the
sole owner or lessee, if the Defendant has a duty to support you or the minor child/ren, or
to order the Defendant, with your consent, to provide suitable alternate housing.
Awarding temporary custody of or establishing temporary visitation rights with regard to
minor child/ren. Ordering the Defendant to pay financial support to those persons the Defendant has a
duty to support, including health coverage for the minor child/ren and spouse, paying all
of the unreimbursed medical expenses of a spouse or minor child/ren, and directing the
Defendant to make rent or mortgage payments on your residence when the Defendant has
a duty to support you or other dependent household members. The support order is
temporary, and you must file a complaint for support within two weeks of the date of the
issuance of the protection order or the support order becomes void.
Prohibiting the Defendant from having any contact with you or your minor child/ren at
your place of employment or business or school and from harassing you or your relatives
or minor child/ren.
Ordering the Defendant to give up any firearms, other weapons, ammunition and firearms
license and prohibiting the Defendant from possessing any firearms or other weapons,
ammunition or firearms license for the duration of the order.
Directing the Defendant to pay you 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.
Directing the Defendant to refrain from stalking or harassing you.
Granting any other appropriate relief you seek.
HOW TO FILL IN THE PETITION:
HEADING (CAPTION).
Fill in the names of the Plaintiff and Defendant in the heading of the petition. The Plaintiff is the
person who originally filed the Protection From Abuse Petition, referred to as PFA. The
Defendant is the person the original PFA petition was filed against. Use the D.R. # on the
original PFA petition.
LINE 1.
If you are filing this modification petition, you are the Petitioner. Fill in your name. Circle
whether you were the Plaintiff or Defendant in the original PFA Petition. Fill in your address,
unless it is confidential.
LINE 2.
The Respondent is the person who the petition is filed against. Fill in the Respondents name.
Circle whether the Respondent was the Plaintiff or Defendant in the original PFA Petition.
LINE 3.
Fill in the date of the Order you want to change, the name of the Judge who issued the Order, and
the case information. This information can be found on the Order.
LINE 4.
You will need to make a copy of your Order. Mark the copy as Exhibit A and attach it.
LINE 5.
Describe to the court why you want the Protection From Abuse Order changed. You must be as
specific as possible. If you need additional space, use a separate piece of paper.
LINE 6.
Tell the court how you would like the Order to be changed. You may ask for certain changes
according to the law. For specific examples, see Instructions Relief Available Under the
Protection From Abuse Act.
SIGN AND DATE THE PETITION.
DATE AND SIGN THE VERIFICATION THAT THE STATEMENTS ARE TRUE. IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
_____________________________, : PLAINTIFF : FAMILY COURT DIVISION : vs. : PROTECTION FROM ABUSE : : _____________________________, : DEFENDANT : D.R. NO. RULE AND NOW, this ____ day of ________________, 20__, a Rule is granted upon the Defendant, ________________________, to show cause why the Final Protection Order of _______________________________, entered by this Court, the Honorable _____________ presiding, under the Protection From Abuse Act, should not be modified. A hearing will be held on the _____ day of _____________, 20__, in courtroom ____, at 34 South 11th Street, Philadelphia, Pennsylvania, at ______a.m./p.m., to determine whether the requested relief will be granted.
BY THE COURT:
____________________________________
J. IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
_____________________________, : PLAINTIFF : FAMILY COURT DIVISION : v. : PROTECTION FROM ABUSE : : _____________________________, : DEFENDANT : D.R. NO.
ORDER AND NOW, this _______ day of__________, 20___, it is ORDERED and DECREED that the PETITION TO MODIFY in the above-captioned matter is hereby granted. BY THE COURT: ____________________________________ J.
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
_____________________________, : PLAINTIFF : FAMILY COURT DIVISION : vs. : PROTECTION FROM ABUSE : : _____________________________, : DEFENDANT : D.R. NO.
PETITION TO MODIFY PROTECTION FROM ABUSE ORDER
Petitioner is (name) __________________________________________________________ is Plaintiff or Defendant (circle one) in the Protection From Abuse Petition, and resides at Petitioners address is confidential or Petitioners address is as follows: (street, city, state, zip)________________________ __________________________________________________________________________ __________________________________________________________________________ 2. Respondent is (name) ________________________________________________________ is Plaintiff or Defendant (circle one) in the Protection From Abuse Petition, and resides at (street, city, state, zip) ____________________________________________ __________________________________________________________________________ 3. On _________________ the parties appeared before The Honorable
____________________________, in an action filed under the Protection From Abuse Act;
______________ Term, ______, No. _______. 4. On the above date, a Final Protection Order was entered (attached hereto as Exhibit A). 5. Petitioner seeks to have the above Protection Order modified for the following reasons: A.______________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________________ B.______________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ C.______________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. Petitioner requests that the order be changed to provide as follows: That this Court grant the
Temporary Order be granted and that the Final Order be extended for a 3 year period of time
until ____________________.
WHEREFORE, Petitioner prays this court to grant the petition to modify.
Date: _________________ _________________________________ Petitioner
VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false
statements herein are made subject to the penalties of PA.C.S.A.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. PETITION TO MODIFY PROTECTION FROM ABUSE ORDER PETITION TO MODIFY PROTECTION FROM ABUSE ORDER INSTRUCTION SHEET USE THIS FORM IF YOU NEED TO CHANGE YOUR FINAL OR TEMPORARY PROTECTION FROM ABUSE ORDER. These instructions are meant to give you
general information and not legal advice.
1. Complete, date, and sign the Petition to Modify. Detailed instructions on how to do this are
included in this packet. Do not include your address if it is not safe to disclose your location.
2. The Petition to Modify is a packet. You must have ALL of the following documents included
in your packet:
Rule (Fill in caption only) Order (Fill in caption only) Petition and Verification Affidavit of Service Blank Temporary Ex Parte Order (Fill in caption only)
3. There is no cost to file a Petition to Modify.
4. File the original and two copies of the Packet at:
Philadelphia Family Court Domestic Violence Unit 34 S. 11 th Street, Room 242 Philadelphia, PA 19107 If you have questions you can call: 215-686-3512.
5. When you file your Petition, include the original and two copies. When you deliver your
Petition to the Domestic Violence Unit, you must wait or return for your Petition and Temporary
Order. You will be given a packet that includes these documents along with a Notice of Hearing
and Order and Affidavit of Service. The Defendant must be served with these documents.
6. When you pick up your papers ask the clerk if the Judge granted your temporary order.
Sponsored by the Family Law Section of the Philadelphia Bar Association January, 2008
7. You will receive a Rule with a hearing date when you pick up the packet. If your petition
was granted, you will also receive a Temporary Ex Parte Order.
8. After you receive the packet from the court, you must serve the Defendant. Service is
accomplished by handing the Defendant one packet with the following documents:
Rule, Temporary Ex Parte Order (if one was given), and Petition to Modify. While any responsible adult may serve the papers, it is suggested that you have the Philadelphia
Police make service. To obtain police assistance, take all the necessary papers provided to you
by the court to the Police District Headquarters in which the Defendant can be located
(residence, work, etc.) and request an officer to assist you in serving the Protection From Abuse
order. The person who serves the papers on the Defendant must complete, sign, and return the
affidavit of service to you. You must bring this Affidavit of Service to court with you.
9. If the Defendant will not take the packet of materials, the person serving the packet should
leave the packet in the Defendants presence and complete the Affidavit of Service. The
completed Affidavit of Service must be brought to court with you.
10. If you are unable to serve the Defendant, you may ask the court at the hearing for permission
to serve by another means, including by mail.
11. KEEP A COPY OF YOUR ORIGINAL FINAL PROTECTION ORDER AND
TEMPORARY EX PARTE ORDER WITH YOU AT ALL TIMES.
12. Go back to court for the hearing date, even if you have not been able to serve the Defendant.
IF YOU DO NOT APPEAR FOR THE HEARING, YOUR PETITION TO MODIFY AND
YOUR TEMPORARY ORDER WILL BE DISMISSED.
13. In addition to requesting a modification of the order, you may also want to request an
extension of the Protection From Abuse Order. See the instructions for Petition to Extend
Protection From Abuse Order.
WORDS AND PHRASES USED IN THE PROTECTION FROM ABUSE PETITION:
PLAINTIFF: Person who filed the original PFA petition
DEFENDANT: Person against whom the original PFA petition was filed
PETITIONER: Person who is filing this modification petition
RESPONDENT: Person against whom the petition is filed
RELIEF AVAILABLE UNDER THE PROTECTION FROM ABUSE ACT:
The court may grant any protection order or approve any consent agreement to stop the
Defendant from abusing you or your minor child/ren. The order or agreement will last for up to
3 years. The order or agreement may include language:
Directing the Defendant to stop abusing you or your minor child/ren.
Evicting the Defendant from the residence or household, even when the Defendant is the
sole owner or lessee, if the Defendant has a duty to support you or the minor child/ren, or
to order the Defendant, with your consent, to provide suitable alternate housing.
Awarding temporary custody of or establishing temporary visitation rights with regard to
minor child/ren. Ordering the Defendant to pay financial support to those persons the Defendant has a
duty to support, including health coverage for the minor child/ren and spouse, paying all
of the unreimbursed medical expenses of a spouse or minor child/ren, and directing the
Defendant to make rent or mortgage payments on your residence when the Defendant has
a duty to support you or other dependent household members. The support order is
temporary, and you must file a complaint for support within two weeks of the date of the
issuance of the protection order or the support order becomes void.
Prohibiting the Defendant from having any contact with you or your minor child/ren at
your place of employment or business or school and from harassing you or your relatives
or minor child/ren.
Ordering the Defendant to give up any firearms, other weapons, ammunition and firearms
license and prohibiting the Defendant from possessing any firearms or other weapons,
ammunition or firearms license for the duration of the order.
Directing the Defendant to pay you 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.
Directing the Defendant to refrain from stalking or harassing you.
Granting any other appropriate relief you seek.
HOW TO FILL IN THE PETITION:
HEADING (CAPTION).
Fill in the names of the Plaintiff and Defendant in the heading of the petition. The Plaintiff is the
person who originally filed the Protection From Abuse Petition, referred to as PFA. The
Defendant is the person the original PFA petition was filed against. Use the D.R. # on the
original PFA petition.
LINE 1.
If you are filing this modification petition, you are the Petitioner. Fill in your name. Circle
whether you were the Plaintiff or Defendant in the original PFA Petition. Fill in your address,
unless it is confidential.
LINE 2.
The Respondent is the person who the petition is filed against. Fill in the Respondents name.
Circle whether the Respondent was the Plaintiff or Defendant in the original PFA Petition.
LINE 3.
Fill in the date of the Order you want to change, the name of the Judge who issued the Order, and
the case information. This information can be found on the Order.
LINE 4.
You will need to make a copy of your Order. Mark the copy as Exhibit A and attach it.
LINE 5.
Describe to the court why you want the Protection From Abuse Order changed. You must be as
specific as possible. If you need additional space, use a separate piece of paper.
LINE 6.
Tell the court how you would like the Order to be changed. You may ask for certain changes
according to the law. For specific examples, see Instructions Relief Available Under the
Protection From Abuse Act.
SIGN AND DATE THE PETITION.
DATE AND SIGN THE VERIFICATION THAT THE STATEMENTS ARE TRUE. IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
_____________________________, : PLAINTIFF : FAMILY COURT DIVISION : vs. : PROTECTION FROM ABUSE : : _____________________________, : DEFENDANT : D.R. NO. RULE AND NOW, this ____ day of ________________, 20__, a Rule is granted upon the Defendant, ________________________, to show cause why the Final Protection Order of _______________________________, entered by this Court, the Honorable _____________ presiding, under the Protection From Abuse Act, should not be modified. A hearing will be held on the _____ day of _____________, 20__, in courtroom ____, at 34 South 11th Street, Philadelphia, Pennsylvania, at ______a.m./p.m., to determine whether the requested relief will be granted.
BY THE COURT:
____________________________________
J. IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
_____________________________, : PLAINTIFF : FAMILY COURT DIVISION : v. : PROTECTION FROM ABUSE : : _____________________________, : DEFENDANT : D.R. NO.
ORDER AND NOW, this _______ day of__________, 20___, it is ORDERED and DECREED that the PETITION TO MODIFY in the above-captioned matter is hereby granted. BY THE COURT: ____________________________________ J.
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
_____________________________, : PLAINTIFF : FAMILY COURT DIVISION : vs. : PROTECTION FROM ABUSE : : _____________________________, : DEFENDANT : D.R. NO.
PETITION TO MODIFY PROTECTION FROM ABUSE ORDER
Petitioner is (name) __________________________________________________________ is Plaintiff or Defendant (circle one) in the Protection From Abuse Petition, and resides at Petitioners address is confidential or Petitioners address is as follows: (street, city, state, zip)________________________ __________________________________________________________________________ __________________________________________________________________________ 2. Respondent is (name) ________________________________________________________ is Plaintiff or Defendant (circle one) in the Protection From Abuse Petition, and resides at (street, city, state, zip) ____________________________________________ __________________________________________________________________________ 3. On _________________ the parties appeared before The Honorable
____________________________, in an action filed under the Protection From Abuse Act;
______________ Term, ______, No. _______. 4. On the above date, a Final Protection Order was entered (attached hereto as Exhibit A). 5. Petitioner seeks to have the above Protection Order modified for the following reasons: A.______________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________________ B.______________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ C.______________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
6. Petitioner requests that the order be changed to provide as follows: That this Court grant the
Temporary Order be granted and that the Final Order be extended for a 3 year period of time
until ____________________.
WHEREFORE, Petitioner prays this court to grant the petition to modify.
Date: _________________ _________________________________ Petitioner
VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false
statements herein are made subject to the penalties of PA.C.S.A.
