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LEHIGH VALLEY WEATHER

A PFA is no insurance policy

A month before a Bethlehem mother was gunned down Dec. 17 in front of her three children, she made a public plea for help from the Northampton County judicial system. And she got it. Thida Myint, originally from Myammar, was granted what is called a Protection From Abuse Act Order.

Pennsylvania's Protection From Abuse Act (PFA) was adopted because criminal law is often inadequate for dealing with the violence that sometimes arises in a domestic environment. Police are reluctant to get involved, especially when battered wives drop charges only days after they are filed. So this domestic, non-criminal law was adopted. It includes a temporary protection order, which can be issued based on the testimony of just one person, to provide some basic protection from violence, as well as a cooling off period.

Opponents of the law say it often used as a tool of revenge.

But here are some facts.

Ÿ PFAs have declined in Northampton County. In 2000, there were 1,238 PFA actions. In 2012, the number was 1,038. Given the change in population, there has been a decrease in people seeking PFAs. In 2000, one out of every 216 people was forced to seek a PFA. But last year, it was only 1 in 288.

Ÿ Over half of the PFAs filed are withdrawn or dismissed. A study of 200 PFAs filed this year reveals that over half of them (117) are withdrawn, dismissed or just expired. Sixty-seven were simply withdrawn, in some cases, even after a final PFA has been entered. Forty-three were outright dismissed for insufficient evidence after hearing. Seven cases, emergency orders from a magistrate's office, simply expired with no further action.

In many of the withdrawn cases, the files contain photographic evidence, showing that violence did occur.

Judges are reluctant to allow a battered spouse to withdraw a PFA. Judge Paula Roscioli, for example, has denied motions to withdraw PFAs. Senior Judge Lawrence Brenner, the jurist who granted Myint's PFA, also rejects motions to withdraw PFAs.

Ÿ PFAs are often very limited in scope and duration, with the focus on minimizing family violence. Although a PFA can last as long as three years, judges are reticent to make them last that long, especially when children are involved. They usually impose a shorter duration and often allow limited contact between mothers and fathers for visitation purposes with children. Judges appear to be particularly concerned about children. In one case, where a mother commented in passing about unexplained bruises on her children, Judge Michael Koury requested that they be brought to him that very day so he could ensure there is no abuse.

Ÿ Some PFAs are agreed orders. Fourteen of the 200 matters reviewed resulted in agreed PFAs.

Ÿ Contempt of a PFA is uncommon, but not rare. Of 200 cases, contempt proceedings were filed in only 17 of them.

Ÿ Jail is rare. - Of the 200 cases studied, only two jail sentences were seen. One was for 24 hours and another was for 90 days.

Ÿ The PFA staff is very helpful. Staff members help in the preparation of complaints, and accompany parties to the courtroom and ensure that court orders are timely delivered to police and sheriffs.

Ÿ A PFA is no insurance policy. Myint's husband, Win Win Htut, was ordered to stay away from his wife and their three children. He was ejected from their Central Park Avenue residence in West Bethlehem. Sheriffs were even directed to seize his guns, and they did. After the matter was transferred to Lehigh County, the order was made permanent.

The next day, Thida Myint was killed, allegedly by her husband.