Civil vs. Criminal Protective Orders in Family Violence Cases
April 7, 2026
Protective orders are a critical tool for protecting at-risk individuals from harm. However, the distinctions between civil and criminal protective orders are not always clear, and understanding how these orders function under Pennsylvania law is key to using them effectively.
At Iwanyshyn & Associates, we are experienced in handling family violence cases. We understand that these types of cases are emotionally charged and complicated. Our attorneys are committed to helping you explore the differences between civil and criminal protective orders and how they can be used to uphold your safety and rights.
With offices in Allison Park and Conway, Pennsylvania, we represent clients throughout Butler County, Pittsburgh, Wexford, Beaver, Gibsonia, Allegheny County, Beaver County, Washington County, Fayette County, Westmoreland County, and Armstrong County. Contact us today to discuss your case.
What Is a Protective Order?
Protective orders, often referred to as restraining orders, are legal orders issued by the courts to protect an individual or individuals from abuse, harassment, stalking, or other threatening behaviors. These orders serve as a barrier to further harm as well as documentation of ongoing or past abuse.
Pennsylvania recognizes two primary types of protective orders in family violence cases: civil protective orders and criminal protective orders. Both are designed for protection, but they differ in scope and enforcement.
Civil Protective Orders in Pennsylvania
Civil protective orders are primarily granted under the Pennsylvania Protection from Abuse (PFA) Act. These orders are issued in civil courts and aim to protect victims from actions such as physical harm, threats, or harassment. Typically, the person filing the order (the petitioner) does not need to bring criminal charges against the abuser (the respondent) to secure a civil protective order.
Eligibility for a Civil PFA Order
Under Pennsylvania law, you (the petitioner) may seek a civil PFA order if you have suffered from abuse committed by one or more of the following parties:
A current or former spouse
A domestic partner or someone the petitioner has lived with as a partner
A parent or child
Someone with whom the petitioner shares a biological child
A current or former intimate partner
This specific relationship requirement mandates that civil PFA orders address abuse within close familial or intimate relationships, which are frequently at the heart of family violence cases.
How to File for a Civil PFA Order
To file a civil PFA order, you must submit a petition to the court in the county where the abuse occurred or where you reside. In Pennsylvania, courts can issue temporary, emergency, or final PFAs based on the urgency of the alleged harm.
Temporary PFA orders provide immediate protection and are typically granted without notice to the abuser until a court hearing can be scheduled.
Final PFA orders are issued following a full court hearing, during which both parties can present evidence. These orders can last up to three years, with the potential for extensions in certain situations.
Emergency PFA orders are accessible outside of court hours when immediate protection is needed and remain in effect until a court hearing can take place.
A civil PFA can include various provisions, such as preventing your abuser from contacting you, restricting them from entering your home, and establishing temporary custody arrangements for any shared children.
Criminal Protective Orders in Pennsylvania
Unlike civil orders, criminal protective orders are granted when criminal charges are filed against an individual accused of abuse or violence. These orders are typically issued in a criminal case. Unlike civil PFAs, criminal protective orders are not limited to parties with an established family or intimate relationship.
When law enforcement arrests someone for family violence or related offenses, the court may implement a criminal protective order as part of their bail, probation, or parole. These orders are designed to prevent your abuser from intimidating or harassing you while awaiting trial or serving their sentence.
You do not need to file a separate petition for these orders; instead, the criminal court will automatically assess the situation based on the charges and evidence. Any violations of criminal protective orders can lead to severe consequences, including additional criminal charges, fines, or imprisonment.
Which Protective Order is Better for You?
Deciding between a civil PFA order and pursuing criminal charges can depend on the nature and circumstances of the abuse. For example, severe physical violence or threats of imminent harm may require immediate police intervention and lead to criminal charges.
On the other hand, ongoing harassment or nonviolent abuse within familial relationships may be better addressed with a civil PFA order. The primary factors that can help you determine which is best for your situation include the following:
Type of courtroom: Civil PFAs are handled in civil court, whereas criminal protective orders are issued by criminal courts as part of criminal proceedings.
Nature of the case: Civil PFAs typically do not require you to file criminal charges against your abuser, whereas criminal protective orders are inherently tied to criminal charges or convictions.
Burden of proof: The burden of proof in civil cases is lower, typically only requiring a "preponderance of the evidence." Criminal cases maintain a higher standard, requiring proof "beyond a reasonable doubt."
Scope of protection: Civil PFAs can include provisions for temporary custody arrangements and financial support. Criminal protective orders primarily focus on the victim's safety and may not address broader civil issues.
You can pursue civil and criminal protective orders simultaneously. It’s not uncommon for victims to file a PFA while the abuser faces criminal charges, thereby utilizing both systems to maximize their safety and legal recourse. Pennsylvania courts are mindful of coordinating these proceedings to avoid conflicts and confusion.
If you have suffered abuse from a family member or significant other, reach out to our experienced family law attorneys to explore how you can protect your safety.
Contact an Experienced Family Law Attorney in Pennsylvania for Guidance Today
Family violence cases are challenging, especially when you have to decide how to seek protection. At Iwanyshyn & Associates, we are dedicated to helping you understand your rights and options under Pennsylvania law. Whether you need assistance securing a civil PFA order or support in a criminal case, we provide the compassionate and knowledgeable representation you need.
If you or someone you know is experiencing family violence, contact us today to schedule a consultation. With offices in Allison Park and Conway, Pennsylvania, we represent clients throughout Butler County, Pittsburgh, Wexford, Beaver, Gibsonia, Allegheny County, Beaver County, Washington County, Fayette County, Westmoreland County, and Armstrong County. Contact us today to schedule a consultation and discuss your case.