Until last year, women or men who wanted Protection From Abuse (PFA) orders in Dauphin County were referred to Legal Services, where an attorney or paralegal would advise them of their rights, inform them of the various forms of help available, and help them prepare their petition to present to the court, and represent them in the hearing.

Last year, a decision was made that this procedure was too expensive. Now petitioners are referred to Victim Witness Assistance, a non-profit agency which was created to represent the rights of victims in legal proceedings, to assist in preparing witness impact statements, to seek crime victim compensation, to provide notice of an offender’s court dates and release from jail.

Laurie Reiley, program director, explains that Victim Witness Assistance does not actually represent the person seeking the PFA. Instead, the petitioner represents her or his self, which is called filing pro se. Victim Witness has staff PFA coordinators, who are not attorneys. The actual petition requesting the PFA is computer-generated, based in information supplied by the petitioner.

Petitioners who want an attorney can hire one on their own, for the cost of about $300, or they may be able to secure an attorney from the reduced-fee panel, which is a list of attorneys who have agreed to represent domestic violence victims at lower rates —generally $50 to $60. For many victims, even the reduced fee is too high. This means that they are forced to seek their PFA without legal representation. The petitioner will have to gather and present evidence, call and question witnesses, and cross examine the defendant’s witnesses. In cases where the defendant has an attorney, the pro se petitioner is at a great disadvantage

In response to this, the Greater Harrisburg YWCA has established a Legal Clinic, providing attorneys who for victims of domestic violence. Randi Blackman, Senior Attorney at the YWCA explained that, unlike a lay advocate, an attorney can make a determination about whether the PFA is the best avenue for a domestic violence victim. If it is determined that a PFA is needed, the Legal Clinic will prepare the case, including photographing injuries and subpoenaing records, and representing the victim in court. The PFA itself is not a simple document, and can include issues such as batterers counseling, weapons, eviction, custody and visitation, reimbursements, and child and spousal support.

In her experience at Legal Services, Blackman estimated that 30 to 40% of those who came in seeking PFAs were screened out. In these cases, the problems were actually other matters, such as custody disputes, defiant trespass, criminal harassment, or arguments over marital property. By processing all requests for PFAs without looking at whether it is appropriate in any given situation, the courts are burdened with petitions that will not be granted, and the real problems of the petitioners remain unaddressed.