My client retained me more than 2 years ago to defend him on a felony criminal charge where J.D. was the “victim”. Â While defending the criminal charges, a PFA was brought against my client, M.H. Â For tactical purposes, we decided not to contest the PFA and entered into an agreement for a consent order, which means there was no formal finding of abuse but the PFA would remain in effect for 2 years.
In August, my client was served with a notice of hearing for a LIFETIME extension of the PFA. Â My client was beside himself as he wanted nothing to do with the “victim” and he just wanted to get on with his life. Â My client retained me to defend him at the hearing. Â We had a hearing on the merits and the judge agreed to extend the order for ONE YEAR ONLY with a condition that no further extensions could be sought by the “victim”. Â The judge specifically ordered that my client be allowed to use and possess firearms and made no formal finding of abuse on the record.
PFA’s are tricky. Â If the judge makes a formal finding of abuse, the client loses their gun privileges for life. Â Often times, it’s in everyone’s best interests the PFA without a hearing. Â Both parties have a lot to lose if the judge rules against one side or the other. Â However, many times we have no choice but to go to hearing. Â In those instances, we pursue a very aggressive line of questioning against the “victim” and use the transcripts for the defense of the criminal case.
