Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
COURT ACCESS
Applying Full Faith and Credit
to Pennsylvania PFA Orders
JULY 2012
Full Faith and Credit
Are Pennsylvania
Protection from Abuse
(PFA) orders enforceable
in other states? Are
protection orders from
other counties and states
enforceable here? Does
the law require out-ofcounty and out-of state
protection orders to be
re-filed in Pennsylvania?
How does Pennsylvania’s
PFA Database (PFAD)
accommodate such orders?
We’ll define Full Faith and
Credit and discuss how it
applies to protection orders
from other states and other
Pennsylvania counties. On
page 4, we review PFAD
procedures for
modifications and ICCs.
Why is Full Faith and Credit
Important?
2
Protection Orders Issued
in Other States
2
PFA Orders Issued
Within Pennsylvania
3
PFA Modifications , ICC
and PFAD
4
Where to Find More Information
4
Ask PCADV
When a minor violates a PFA Order,
why isn’t the information in PFAD
or available to the public?
5
PFA Relationships
Consanguinity: Slusser v. DeBoer
Affinity: Pennsylvania v. Walsh
7
What is “Full Faith and Credit?”
Full Faith and Credit simply means that protection
orders from anywhere in the U.S. (including tribal
lands, territories and Puerto Rico) are enforceable
anywhere else in the U.S. Full Faith and Credit is
what the provision is called in the Federal Violence
Against Women Act (VAWA), 18 U.S.C. § 2265
(2006).
Both VAWA and the Pennsylvania PFA Act
specifically direct any jurisdiction to accept “foreign”
(meaning from another jurisdiction) protection orders
or PFA orders. 23 Pa.C.S. § 6104(a). Therefore,
Pennsylvania law enforcement and courts recognize
and enforce protection orders from any other U.S.
jurisdiction.
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
Why Is Full Faith and Credit Important?
When an abuser violates a protection order, it’s important to know that
the PFA order is enforceable – anywhere. A victim needs to know that
a call to law enforcement will bring help to stop the offender from
violating the order. Also, a victim should be able to have the
protections enforced as entered by the issuing judge, even if the state
where the violation occurred does not offer the same relief.
Pennsylvania and other states have agreed on the importance of a
common format for the front page of protection orders. A common
format makes it easier to understand and enforce foreign orders, and
strengthens the safety net for plaintiffs and their children. The Project
Passport format is codified in the Pennsylvania Rules of Civil
Procedure, Rule 1905.
Protection Orders Issued In Other States
Scenario: Patty and Dave
Patty has a valid protection
order from New Jersey that
prohibits her husband, Dave,
from contacting her. After Patty
moved to Pennsylvania, Dave
contacted her to say that he
could come after her no matter
where she lives. Will Patty’s
New Jersey order be
enforceable in Pennsylvania?
Yes. Full Faith and Credit
provides that a Pennsylvania
court will recognize and enforce
the New Jersey no-contact order.
Must Patty file this foreign
protection order in a
Pennsylvania courthouse
(Prothonotary’s office) to ensure
that the order will be enforced?
No. Because of Full Faith and
Credit, Patty does not have to
register the New Jersey order for
it to be enforceable in
Pennsylvania. 23 Pa.C.S.
§ 6104(d)(3). However, a plaintiff
may choose to file a certified copy
of a foreign protection order with
the county Prothonotary
anywhere the plaintiff believes
that enforcement could be
necessary. 23 Pa.C.S. § 6104(d).
For instance, Patty is permitted to
file in county A where she lives, or
in county B, where she works and
her children are in daycare.
While many counties simply
absorb the cost of filing the
paperwork, others pursue the
defendant to pay the civil fee. If it
is the county’s policy to notify or
charge fees to PFA defendants,
the Prothonotary or court
personnel should inform a plaintiff
who wants to register a foreign
order.
When Patty files a certified copy
of her New Jersey order in
Pennsylvania, the county
Prothonotary sends a copy to the
Pennsylvania State Police.
However, Full Faith and Credit
ensures that Patty’s New Jersey
protection order is valid and
enforceable whether or not she
files a copy in Pennsylvania.
If a court assesses costs against
defendants, it may cause safety
concerns for plaintiffs who do not
want their location known. An
invoice from a county office
notifies the defendant of the state
and county where the plaintiff
currently resides.
Why doesn’t Patty have to pay a
fee to register her foreign order?
Some counties charge fees for
any kind of civil filing, but the PFA
Act prohibits them from charging
any fees to a PFA plaintiff.
23 Pa.C.S. § 6104(d)(1).
According to the National Center
for Protection Orders and Full
Faith and Credit, victims and their
children are at increased risk of
violence when they leave their
abusers.
continued on page 4
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
Full Faith and Credit – Protection Orders
Issued in Other States
(continued from page 2)
Offenders who cross jurisdictional lines in pursuit of
victims may pose greater risks of lethal assault.
(See Protecting Domestic Violence Victims: A Law
Enforcement Officer's Guide to Enforcing Protection
Orders Nationwide.)
Plaintiffs like Patty, who fear abusers may further
hurt or harass them, may safeguard their new
locations and decide not to file their foreign
protection orders. Patty could meet with an
advocate from the local domestic violence program
for her county to discuss the advantages and
disadvantages of registering her New Jersey order.
The court or PFA office can provide information
about the local program to anyone asking for a PFA
or protection order.
If Patty doesn’t file the order and Dave violates it,
how will law enforcement know what is in the
order?
Patty can show her order to the law enforcement
officer who responds to the incident, whether or not
she has filed it locally. The PFA Act states that a
police officer or sheriff shall arrest a defendant for
violating a foreign protection order. 23 Pa.C.S. §
6113(a).
After the defendant is arrested for violating the order, the
court determines the validity of a foreign protection
order, not the police officer. 23 Pa.C.S. § 6104(a). The
PFA Act’s priority is protecting the victim from further
harm.
A foreign order is not filed in Pennsylvania’s PFA
Database (PFAD), but can be found in federal
databases. It is not practical to enter foreign orders in
PFAD because protection order relief varies from state
to state. For instance, New Jersey can issue protection
orders “for life,” but there is no way to enter an unlimited
period into PFAD. PFAD forms follow Pennsylvania law,
and the maximum expiration date on the PFAD form is
three years. Law enforcement or court officers can
access the correct information for enforcement in the
federal National Crime Information Center database,
also referred to as NCIC.
When a defendant violates an out-of-state protection
order, the violation can be filed either in the state/county
where the violation occurs or the issuing
state/jurisdiction. The county where the violation occurs
may create a new order and enter that order into PFAD.
The court hearing the violation could instead keep the
issuing state’s order on file and distribute a copy of the
foreign order to the Pennsylvania State Police.
PFA Orders Issued Within Pennsylvania
Scenario: Pam and Dan
The Philadelphia County Court granted Pam a
PFA order against her husband Dan. Pam
moved to Dauphin County. Does Pam need to
file her PFA Order in Dauphin County to ensure
that the order is enforced?
No. The PFA Act provides that an order issued
in any Pennsylvania county is enforceable
anywhere in the state and does not need to be
filed in another judicial district to be enforced.
23 Pa.C.S. § 6104(e).
The PFA order allows contact between Pam and Dan
but prohibits any abuse. After Pam moves to
Dauphin County to be away from Dan, he continues
to contact and harass her. Pam now wants to
modify the order to prohibit any contact. Can Pam
request a modification in Dauphin County?
Yes. Pam can file a request for modification to the
PFA order in Dauphin County where she is living.
She could choose to return to Philadelphia County
where the PFA order was originally issued, but is not
required to do so. Pa.R.C.P. 1901.1.
continued…
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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Court Access: A Domestic Violence Newsletter for Court Personnel
Full Faith and Credit
PFA Order – Pam and Dan
(continued)
In the case of Pam and Dan, it
is the responsibility of the
Philadelphia County
Prothonotary to enter Pam’s
original PFA order into PFAD.
After the Dauphin County court
modifies its provisions to
prohibit Dan from any contact
with Pam, the Dauphin County
court would create a new order
in PFAD that lists the new
docket number.
When making a new order, it is
good practice for the Dauphin
County court to reference the
county (and state if not
Pennsylvania) and the earlier
docket number. It is also
important to state that the new
order supersedes the previous
order so there is no confusion
for other courts or law
enforcement. The best practice
is for the modifying court (e.g.,
Dauphin) to notify the issuing
court (e.g., Philadelphia) about
any changes made to an order
(whether the issuing court is in
another county or even another
state).
Dan continues to harass and
stalk Pam. Pam contacts the
police in Dauphin County to
report this violation. The
police file an Indirect Criminal
Contempt (ICC) charge for
violation of the PFA order.
Should the violation be filed in
Dauphin County?
Yes. The Dauphin County court
has jurisdiction over the ICC
charge because that is where the
violation occurred. 23 Pa.C.S. §
6114(a.1).
Alternately, Pam could file an ICC
in Philadelphia County because
that is where the order originated.
23 Pa.C.S. § 6114(a.1). (This rule
also applies to violations of out-ofstate orders; a complaint can be
filed either where a violation
occurs or in the issuing state.)
When the defendant violates a
PFA order outside of the issuing
county, there are two ways to
enter the violation in PFAD. The
court may use the issuing court’s
PFA order in PFAD and create an
ICC form utilizing that order and
docket number in PFAD.
Alternately, the court may create
a new PFA order with its own
county’s docket number and
complete the ICC form. If a new
PFA order is created, it should
reference the issuing order’s
county and docket number. The
court may then document the
violation, findings and sentence
on the PFAD form.
EXCEPTION: When a minor
defendant violates a PFA order,
the violation may not be entered
into PFAD.
Please see “Ask PCADV” on
page 5 to learn about
procedures in the PFA process
that protect minors’ rights.
July 2012
MORE
INFORMATION
The National Center for
Protection Orders and Full
Faith and Credit has many
publications for courts and
law enforcement available
online at
http://www.fullfaithandcredi
t.org/publications.aspx
The National Council of
Juvenile and Family Court
Judges publishes Full Faith and
Credit: A Passport to Safety, A
Judge's Guide (VAWA 2005
Edition, 2011), available at no
charge by calling
(775) 784-6012, or online at
http://ncjfcj.org/sites/default
/files/a-passport-tosafety.pdf.
The Pennsylvania Coalition
Against Domestic Violence
provides training and
technical assistance about the
PFA Act, domestic violence
law and civil procedure. If
you have any questions, please
call the PCADV Legal
Department at
1-888-23-LEGAL.
PCADV and the Pennsylvania
State Police provide technical
assistance and support related
to the Protection From Abuse
Database. Please call
1-877-777-3375.
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
Ask PCADV
When a minor violates a Protection
From Abuse (PFA) Order why isn’t
the decision or disposition of the
indirect criminal contempt (ICC)
charge filed with the Prothonotary
and available to the public?
Generally courts make civil court filings, such as PFA petitions, orders and notices, open for public inspection
at the courthouse. PFA orders are also filed in the Protection From Abuse Database (PFAD), the statewide
registry of PFA orders. PFA orders involving minors are filed with both the Prothonotary and PFAD.
PFA Orders & Minors –
Procedures Protect Minors’ Rights
The court takes into consideration that most minors lack the maturity to understand a civil legal case and
proceedings. So that minors don’t unintentionally forfeit their rights under the law, special court procedures
protect the rights of minors involved with PFA orders. For instance, an adult guardian must file a PFA petition
for a minor plaintiff. 23 Pa.C.S. § 6106(a). For the same reason and to ensure understanding and
compliance, a minor defendant must have a guardian present for the entry of a final PFA order. Varner v.
Holley, 854 A.2d 520 (Pa. Super. 2004). The Juvenile Act shields a minor’s records when a minor violates a
PFA order and is charged with indirect criminal contempt of a PFA. The contempt is considered an “alleged
delinquent act” and treated in accordance with the Juvenile Act rather than according to PFA procedures for
adults. 23 Pa.C.S. § 6114(a.2).
Records Confidentiality Under the Juvenile Act
The purpose of the Juvenile Act is to provide juvenile delinquents with supervision, care and rehabilitation,
hold them accountable for their actions, and enable them to become responsible and productive community
members. 42 Pa. C.S. § 6301(b)(2). For this reason, the Juvenile Act protects juvenile records. The
Pennsylvania Juvenile Delinquency Benchbook explains that:
Confidentiality has always been one of the core values of the juvenile court system. In
order to safeguard a young person’s chances of a decent future, it is often necessary to
deny or restrict access to records relating to his past and sometimes even to bury that
past altogether. Accordingly, Pennsylvania law strictly limits access to court files and
records in delinquency proceedings as well as to law enforcement records relating to
juveniles and provides procedures for the expungement of juvenile records in
appropriate cases.
Pennsylvania Juvenile Court Judges Commission. Pennsylvania Juvenile Delinquency Benchbook, 152 (January
2008).
continued…
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
(continued)
The Juvenile Act specifically prohibits public access to court and law enforcement documents and records
regarding the minor defendant. See 42 Pa. C.S. §§ 6307, 6308. Therefore, any records from the
delinquency (juvenile) proceeding about the ICC are filed with the Clerk of Courts instead of the
Prothonotary and are not available to the public. Pa.R.J.C.P. 166.
Entry of Minors’ Records Into PFAD
In PFAD, PFA orders are treated differently from PFA violations. Orders filed on behalf of or against minors
are entered into PFAD. However, Indirect Criminal Contempt (ICC) violations by a minor are not permitted
to be entered into PFAD because there are several categories of PFAD users, such as advocates and
certain court personnel, who are not permitted to see juvenile records. The Juvenile Act mandates who can
have access to juvenile records, for instance, law enforcement and judges. Although the information about
the violation is not available in PFAD, law enforcement and judges have access to these records in other
databases.
PFA Order Modifications and Extensions At Juvenile Proceedings
If the court finds that the minor defendant violated the PFA order, the PFA order can be extended at the
juvenile proceeding. 23 Pa.C.S. § 6114(b)(4). The court or juvenile probation officer must notify the
Prothonotary to extend the PFA both in the official PFA file and in PFAD. However, neither the PFA file nor
PFAD may include any information about the violation of the PFA order by the minor defendant. It is
important for Prothonotaries to establish a process with their court administrators to ensure that the court
notifies the Prothonotary of any changes made to a PFA order involving a minor. If that critical piece of
information is missed, law enforcement will be working from an outdated order in PFAD.
There is no difference between filing PFA modifications for minors or adults. Changes or modifications to
any PFA order, whether involving a minor or not, require a petition to the court. 23 Pa.C.S. § 6108(d). The
court schedules a date to hear the Petition for Modification. If the court makes any changes to the PFA
order, the Prothonotary files the new order in the official PFA file and in PFAD.
Summary
Special care must be taken with
juvenile records and record
procedures because of the
unique nature of juvenile
proceedings. PFA and juvenile
court procedures protect minors
from unintentionally forfeiting
civil rights by requiring adult
representation for minor parties
as well as confidentiality for
minors’ records.
Confidentiality has always been one of the core
values of the juvenile court system. In order to
safeguard a young person’s chances of a decent
future, it is often necessary to deny or restrict
access to records…
Pennsylvania Juvenile Delinquency Benchbook
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
PFA Relationships:
What is “Consanguinity or Affinity?”
Anyone has the right to file a Protection From Abuse
(PFA) petition; a judge decides whether the plaintiff
and defendant have a covered relationship under
the PFA Act. Judges base their decisions on the
language of the Act itself as well as decisions in
prior Pennsylvania Superior and Supreme Court
cases. In two recent cases, the Superior Court
interpreted the meanings of “consanguinity” and
“affinity” for PFA relationships.
As court personnel, you are often asked whether a
relationship between an abuser and a victim
qualifies for a PFA order. To provide assistance to
the plaintiff, you need to know what the PFA Act
says about “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. § 6102.
However, it is not appropriate for court personnel to
decide whether any relationship is covered under
the PFA Act and/or whether the plaintiff can file the
petition. If a PFA litigant asks you whether their
relationship is covered under the PFA Act, you can
provide a copy of the PFA Act and point out the
“Definitions” section quoted above.
Relationship Through Consanguinity
Consanguinity means the relationship of persons of
the same blood or origin. (Black’s Law Dictionary,
8th Ed. 2004.) In the case of Slusser v. DeBoer, 985
A.2d 974 (Pa. Super. 2009), the Superior Court
expanded the definition of consanguinity to cover
a mother’s relationship with the paternal
grandfather of her child. Charlene Slusser had a
child with Douglas DeBoer’s son, but the couple
never married. Slusser sought a PFA order to
protect herself (the child was not included) after
DeBoer threatened her with a gun. Slusser
testified that DeBoer pulled a gun out of his glove
compartment, showed it to her and threatened
her if she tried to keep him from seeing his
granddaughter. The court granted the PFA
order, which prohibited DeBoer from having any
contact with Slusser except under very limited
conditions.
DeBoer appealed the order, claiming that PFA
Act did not cover their relationship. The Superior
Court found that both the mother and the
paternal grandfather had a direct relationship to
the child and were linked to each other by that
relationship; therefore, the parties were related
by consanguinity.
Relationship Through Affinity
Affinity means the relationship that one spouse
has to the blood relatives of the other spouse; a
relationship by marriage. In the case of
Commonwealth v. Walsh, 36 A.3d 613 (Pa.
Super. 2012), the Superior Court interpreted the
meaning of “affinity” as it relates to PFA
relationships even though there were no
marriage ties.
Walsh was the paramour of S.S.’s mother. S.S.
had lived with her mother, Walsh and their two
children for 13 years. S.S. moved in with her
older sister, Ashley, after alleging sexual abuse
continued…
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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Court Access: A Domestic Violence Newsletter for Court Personnel
July 2012
Case Law: Consanguinity or Affinity (continued)
by Walsh. When S.S. went to visit her half-siblings at
the residence, Walsh became violent with her.
Because of this incident, Ashley filed a PFA petition on
behalf of S.S. The court issued a temporary PFA order
prohibiting Walsh from abusing, harassing, stalking or
threatening S.S. and from having any contact with her,
including through a third person.
After that, Walsh approached S.S.’s friend and
instructed her to tell S.S. that if he saw her “she’d be
*ucked.” The police charged Walsh with Indirect
Criminal Contempt (ICC) of the temporary PFA Order.
The trial court found Walsh guilty of ICC and entered a
final PFA order for three years. The trial court found
that there had been a relationship because of
numerous factors:
• Walsh had been involved in S.S.’s life since she
was five years old;
• S.S. had resided with Walsh for approximately 13
years, during which time Walsh treated S.S. as a
step-daughter; and
• S.S.’s decision to leave the residence and move in
with her sister was based entirely on sexual abuse
allegations against Walsh.
After he was found guilty, Walsh appealed, claiming
that the trial court was wrong to determine that S.S.
was a protected person under the PFA Act. Because
the PFA Act does not define the term “affinity,” the
Superior Court looked to Webster’s American
Dictionary, which defines it as “related by marriage or
by ties other than those of blood.” Despite the lack of
marriage ties, the Superior Court found that S.S. had
ties other than those of blood to Walsh because her
two half-siblings were the natural children of Walsh
and S.S.’s mother.
Summary
These two cases show that it must be a judge who
evaluates whether the relationship requirement is
met, because there is no “bright line” establishing
who is related by consanguinity or affinity. It is clear
that a judge must be the one to do a fact-specific
analysis and apply the relevant case law.
888-235-3425
717-671-4767
www.pcadv.org
3605 Vartan Way
Suite 101
Harrisburg, PA 17110
Pennsylvania Coalition Against Domestic Violence ◆ 1-888-235-3425 ◆ www.pcadv.org
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