Resources

Protection from Abuse Orders

What is a Protection from Abuse Order?
A Protection from Abuse (PFA) Order is the same thing as a restraining order. Under the Protection from Abuse Act, you have the right to go to court and ask a judge to grant a PFA order, which can set limits on the contact that the person who committed the acts of abuse can have with the person who requests the order. A PFA is a civil order, not a criminal order. The violation of a PFA is a criminal matter and could be addressed by the police and/or the District Attorney’s Office. The court order may include any of the following:

• Stopping the abuser from further acts of abuse;
• Evicting the abuser from your household;
• Keeping the abuser from going to your home, school, or job;
• Giving you or the other parent temporary custody of, or temporary visitation, with your child or children.

It is important to note that a PFA is not a guarantee of safety Ð it is one tool that can be used to deter one person from abusing another and is only one part of a comprehensive safety plan. Victims of domestic violence may also be interested in registering with PA SAVIN, PennsylvaniaÕs offender release notification service.

If you would like assistance or information related to other steps you can take to increase your safety, please call the Philadelphia Domestic Violence Hotline at 1-866-SAFE-014 or contact the Victim/Witness Services Unit at 215-686-8027. If you are in immediate danger, please call 911.

How can I receive a Protection from Abuse Order?
The Protection from Abuse Act focuses on preventing abuse between family or household members, sexual or intimate partners, or persons who have children together. You may be eligible if such a person:

• Injured you or is trying to injure you (physically or sexually);
• Is threatening to harm you;
• Is preventing you from going somewhere;
• Is abusing or has abused minor children (physically or sexually); or
• Is stalking you so that you become afraid of getting hurt.

Under the Protection from Abuse Act (PFA), you have the right to go to court and ask a judge to grant a PFA order. PFAs set limits on the contact an abuser has with the person who requests the order. If you would like assistance or information call the Philadelphia Domestic Violence Hotline at 1-866-SAFE-014 or contact the Victim/Witness Services Unit at 215-686-8027. If you are in immediate danger, please call 911.

I have a Protection from Abuse Order and it has been violated. What do I do?
Call 911 immediately and report the violation. Once the police arrive at your location, you may be asked to show a copy of the Protection from Abuse Order. It is therefore recommended that you keep a copy with you at all times. Pennsylvania State Police and Philadelphia Police keep a record of all active protection orders, so the officer may need to confirm that your order is valid before making an arrest. 

Although a Protection from Abuse order is not a criminal order, violation of a Protection from Abuse order is a crime and is subject to criminal prosecution. Note: Police will NOT evict your abuser from your home unless the order specifically states “eviction.”

I received a Stay Away Order in court. Is that the same thing as a Protection from Abuse Order?
No. Stay Away Orders are temporary, are issued by Judges, and are only good for one year or until the associated criminal case is resolved. Additionally, Stay Away Orders are not entered into the police computer system. For a permanent Protection from Abuse Order, visit:

Appearing in Court

Do I need an attorney?
It is not necessary for victims and witnesses to have an attorney. The Assistant District Attorney for the Commonwealth represents your interests.

What should I do to prepare for court?

• If you need assistance with transportation or language interpretation, please notify the Victim/Witness Services Unit at least two business days before your scheduled court appearance.
• You may bring someone to court with you for support. 
• If you do not speak English, please tell the 911 operators, police, and victim/witness coordinator or ADA what language you speak. They will find interpreters to assist you.
• Dress appropriately. Court is a serious occasion, and dress should reflect that. Wearing hats or even chewing gum is generally not acceptable in court. You may also want to bring a sweater or dress warmly as the temperature in many courtrooms is on the cool side.
• Make sure that you eat something before appearing in court, as you may need to spend several hours in the courtroom or waiting room. 
• Bring your subpoena with you to court.  
• Bring any photographs or documents that you think may be helpful in your case, including receipts for stolen or damaged property and estimates or bills for repaired property.

What can I expect in the courtroom?
The judge, the defendant, the defendant’s attorney, victims, witnesses, the Assistant District Attorney, and the police officers involved in the case will all be present in the courtroom. This is a formal proceeding that takes place in front of a judge and jury. When you are called to testify you will be sworn to tell the truth. The Assistant District Attorney will ask you what you know about the case. When the questioning is complete, the defendant’s attorney will then ask you questions about the case. The judge will only want to hear the facts pertaining to the particular case.

How long will I need to be in court?
The court process can be very long. Even if you were asked to arrive to court first thing in the morning, it is possible that you will need to wait for a large part of the day for your turn to be called to testify. Bring any medicines you will need through the course of the day, and provide for appropriate child care.

Is there a victim/witness waiting room?
The Office of the District Attorney operates waiting rooms for victims and witnesses, their families, and other support people. There are waiting rooms in both the Criminal Justice Center (1301 Filbert Street, Room 105) and Family Court (1501 Arch Street, 9th Floor).

How many times will I need to go to court?
The number of times you go to court depends on a lot of things, including the type of crime that was committed and whether or not everyone who is supposed to appear in court does so.

Will I be paid for my time as a witness?
You are entitled to a small fee for each time you have appeared in court. These fees cannot be paid until the case is finished. Ask the ADA about your fees on the last day of trial.

I need help getting to and from court. Is transportation assistance available?
Yes, but unfortunately only in limited cases. The Office of the District Attorney can only coordinate a ride for you if you are elderly, disabled, or traveling from out of state. If you require further assistance, please speak to the ADA working on your case or contact the Victim/Witness Services Unit for more information.

Is there parking available?
The District Attorney’s Office has negotiated a special parking rate for victims and witnesses attending court. Parking is available at the PPA AutoPark @ the Gallery Mall at 10th and Filbert Streets.

What if the defendant’s attorney contacts me?
Before your appearance in court, you may be contacted by the defendant’s attorney or an investigator working for the defendant. These people represent the defendant, not you. You can choose not to speak to this person – it is your decision. We suggest that you always know the identity of the person to whom you are speaking; ask for their name and phone number.

What if the defendant or his/her family contacts me?
It is a crime to harass, threaten, or intimidate a victim or witness in a case. It is also a crime for the defendant or anyone acting for the defendant to offer you money or any other benefit to change the statement you make in court or to “drop charges.” If any of these things occur, additional charges may be brought against the defendant.

If the defendant, his/her family or friends, or anyone else contacts, harasses, threatens, or intimidates you, call the District Attorney’s Victim/Witness Services Unit at 215-686-8027 for assistance. In an emergency, call 911.

Is information about my case confidential?
It is the policy of the Office of the District Attorney to maintain your privacy within certain limits. However, it is necessary to share information with District Attorney staff and other law enforcement and criminal justice agencies in order to move your case forward. Your phone number, e-mail address, and other personal information will not be provided to the defendant or his/her attorney. For further information contact the Victim/Witness Services Unit.

How can I find out if the offender in my case has been released from prison?
If you are a crime victim who would like to be contacted if the offender in your case has been released from prison, has escaped, or has been moved, you may register for offender release notification services. Please see page 12 for more information.

Family Violence and Sexual Assault

I think my child has been a victim of child abuse? What should I do?
If you suspect child abuse, call 911 immediately and seek medical assistance for the child. You can also contact one of the Office’s Victim Witness Coordinators at 215-686-8011 or 215-686-8084.

I am a victim of Sexual Assault. What should I do?
If you have been the victim of sexual assault, it is important to seek medical attention immediately. Please call 911 or the Philadelphia Police Department Special Victims Unit at 215-685-3251 for transportation to the Philadelphia Sexual Assault Response Center (PSARC). 

Please do NOT shower, eat, drink, or smoke before going to the PSARC, as this may destroy evidence. At the PSARC, you will receive a comprehensive medical examination and treatment for possible sexually transmitted infections, and forensic evidence will be collected. You will also have the opportunity to be connected with a counselor who can offer support and answer your questions.

If you would like to report a past sexual assault, contact the Philadelphia Police Department Special Victims Unit at 215-685-3251. You may also contact Women Organized Against Rape (1617 JFK Boulevard, One Penn Center, Suite 1100, Philadelphia, PA 19103; 215-985-3333; or www.woar.org) a non-profit organization dedicated to assisting victims of sexual assault, for assistance.

I am the victim of domestic violence. What should I do?
Call 911 immediately. Your information will be referred to the police district you live in and officers will contact you regarding your complaint. For Crisis and Counseling services for victims of domestic violence please contact the Philadelphia Domestic Violence Hotline at 1-866-SAFE-014.

 I am the victim in a domestic violence case and I want to drop charges. How do I drop charges?
The decision to file and/or drop charges in criminal cases belongs to the District Attorney’s Office. As the victim, your input related to the case will be considered, but the final decision about whether to drop or move forward with criminal charges is made by the District Attorney’s Office.

Where can I go for help?

• DAO Family Violence Sexual Assault Unit, (215) 686-8096
• Emergency Shelter: Philadelphia Domestic Violence Hotline, 1-866-SAFE-014
• Women Against Abuse Legal Center, 215-686-7082, www.womenagainstabuse.org
• Lutheran Settlement House, 1340 Frankford Avenue, (215) 426-8610, www.lutheransettlement.org
• Women In Transition 21 South 12th Street, 6th floor, (215) 751-1111, www.helpwomen.org
• Congreso de Latinos Unidos, Inc., 216 W. Somerset St., www.congreso.net
• Women’s Law Project, (215) 928-9801, www.womenslawproject.org
• WOAR – Women Organized Against Rape, (215) 985-3333 (hotline), www.woar.org

Alternatives to Prosecution & Incarceration

What is diversion?
Diversion is an umbrella term for alternatives to trial and incarceration for crimes related to poverty, mental health, substance use and community stress. The goal of diversion is to make communities safer and healthier. These programs make Philadelphia safer because they address the underlying drivers of most quality of life crime. When an individual completes a diversion program, their criminal case will be closed and, depending on the diversion program, their charges may be withdrawn and expunged. 

Some diversion programs are pre-plea and the charges are held to give the defendant an opportunity to complete programming. The charges are withdrawn and expunged if the defendant is successful, or the charges are returned to the trial track for traditional prosecution. 

Other diversion programs are post-plea, which means the defendant pleads guilty or no contest and the defendant is given an opportunity to complete programming. If the defendant is successful, then incarceration can be avoided, or if unsuccessful the plea is accepted and the defendant is sentenced.

Who is eligible for diversion programs?
Every diversion program has its own eligibility criteria that can be found here. If someone is eligible for diversion, an Assistant District Attorney will convey the offer to an individual’s Defense Attorney. 

The Defense Attorney will then discuss the offer with their client. Upon accepting the offer, an individual’s criminal case will be sent to the assigned diversion program. If an individual rejects the diversion offer, or they do not complete the program, the charges are returned to the trial track for traditional prosecution or a conditional plea may be accepted and the defendant sentenced. 

What is Accelerated Rehabilitative Disposition (ARD)?

Accelerated Rehabilitative Disposition is most commonly referred to as ARD. These types of cases involve relatively minor offenses and defendants who are first time offenders. Such cases will only be placed in the ARD program after a careful review by the District Attorney’s Office. Defendants placed in the ARD program must agree to a probationary sentence with conditions imposed such as restitution to the victim, rehabilitative classes and/or community service. If the defendant completes the sentence, any record of the arrest may be expunged. If the defendant fails to complete the sentence, the case will go to trial. In minor assault type cases the victim must agree to ARD.

Reviewing Past Convictions

If you are serving a sentence for a conviction that occurred in Philadelphia County, you may submit your case to the Philadelphia District Attorney’s Conviction Integrity Unit (CIU) for review.  

How To Submit Your Request for CIU Review 

You do not have to be represented by an attorney to submit your case for CIU review.  

1. If you are not represented by an attorney for CIU review: 

You should fill out our 16-page Submission and Consent Form that is available here:  https://phillyda.org/wp-content/uploads/2022/01/CIU-Pro-Se-Submission-Form-Final-Revised-10-04-2021.pdf. You or a loved one can contact the CIU and request that we mail you a Submission and Consent Form. You can contact us by telephone at 215-686-7657 or [email protected].   

After you complete the Submission and Consent Form, please return it to us at the following address: 

Conviction Integrity Unit
Philadelphia District Attorney’s Office
3 S Penn Sq.
Philadelphia, PA 19107 

The applicant will receive a letter from the CIU confirming the receipt of the Submission and Consent Form.  When the CIU receives your Submission and Consent Form, we will place it in our queue to await assignment to a CIU ADA.  When your case is assigned to a CIU ADA, that ADA will review the case and determine whether it merits a full CIU investigation. When the CIU reaches a decision regarding the submission, the applicant will receive a letter in the mail regarding that decision.  

1. If you are represented by an attorney for CIU review: 

Your attorney should prepare a submission explaining the reasons your convictions and/or sentence are unfair. Your attorney can, but does not need to, use the Submission and Consent Form to provide that information, but your attorney should include the information requested on that form. You do not have to complete the Submission and Consent Form for an attorney submission.  Submissions from attorneys can be emailed to [email protected]. If your attorney is not able to email a submission, the attorney should mail the submission to the CIU.   

Your attorney also must complete the Attorney CIU Submission Checklist (if your attorney does not have the Attorney CIU Submission Checklist, it will be provided to them when the CIU receives the submission from your attorney).  

Your attorney will receive an acknowledgment that the CIU has received the submission and has placed it in our queue to await assignment to a CIU ADA. When the case is assigned to a CIU ADA, the assigned CIU ADA will contact your attorney.   

Please note:  If you have an attorney representing you on a postconviction matter in court, this does not necessarily mean they represent you for a request for review by the CIU.  If you don’t know if your attorney represents you for CIU submission, you should contact them and ask.  If your attorney has agreed to represent you in your request for CIU review, they should follow the instructions above. If you are represented by counsel in your submission to the CIU, the CIU will communicate directly with your attorney.   

How do I know whether the CIU received my letter or submission form? 

After the CIU receives your letter or submission form, we will mail you an Acknowledgement Letter indicating that we received it. If you have not received an Acknowledgment Letter within 60 days after sending your submission, you or a loved one can call our office and speak to a paralegal to confirm whether we have received your submission. 

How long will it be until the CIU is able to review my submission? 

Unfortunately, due to the large volume of requests, the CIU cannot review submissions as they come in.  In fact, due to the high number of submissions we receive, the CIU is unable to provide a timeline for when our unit will be able to review the case.  The CIU receives hundreds of submissions a year, thus, we cannot predict how long it will take to assign a case to an ADA in order to review an individual submission and determine whether it merits a full CIU investigation. We also ask you to please understand we cannot offer updates over the telephone or via email.  

It is difficult to answer this question. We do our very best to process each request for review as quickly as possible, but the CIU receives hundreds of submissions a year and we cannot predict how long it will take to review your individual submission to determine whether your case merits a full CIU investigation. Please be patient, and understand that we cannot offer updates over the telephone. 

What happens if I have pending litigation and the CIU has received my submission but I have not heard anything further from the CIU about my submission? 

The CIU does not require individuals to stay their appeals/postconviction litigation in order to submit their case to CIU.  To the contrary, a submission to CIU does not have any effect on applicable filing deadlines in court, and we understand some litigants will chose to proceed with their post-conviction litigation.  If you have pending litigation in your case, all post-conviction matters are handled by Assistant District Attorneys in the DAO’s Law Division.  

If the CIU investigates my case, does that mean that I will be exonerated? 

No. The CIU’s decision to investigate your case does not mean that we have concluded that you were wrongfully convicted. Every individual case is unique and requires an in-depth analysis and investigation by our CIU team of prosecutors and staff before we determine what, if any, recommendation to make to the Court. In Pennsylvania, only a judge has the authority to vacate a conviction. 

If the CIU determines after conducting a thorough investigation that your case does not meet the CIU’s criteria, the CIU will close the investigation and notify you of that decision. If you have post-conviction litigation pending, the CIU will refer your case to the Law Division for re-assignment to a Law Division ADA. 

I received a rejection/declination letter from the CIU but I now have new information. Can you look at my case again? 

Yes. The CIU will consider resubmissions that contain new information. 

Will the CIU represent me as my attorney? 

No. The CIU works for the District Attorney, the Chief Law Enforcement Officer for criminal prosecutions in Philadelphia. CIU prosecutors are legally and ethically unable to provide you with legal advice.  

Is the CIU part of the Innocence Project? 

No. The CIU is a unit made up of prosecutors and staff that is part of the District Attorney’s Office.  

Private Criminal Complaints

What types of cases does the private criminal complaint unit handle?
This Unit handles misdemeanor offenses. Victims of felony offenses such as Aggravated Assault or Burglary should make a report to the Police Department. Below is a list of common misdemeanors:

• Simple Assault
• Terroristic Threats
• Theft under $2000 (except motor vehicles and firearms)
• Criminal Mischief (Vandalism)

What do I need to file a private criminal complaint?
Complainant MUST have accused’s full name and address and police report number (DC#). The accused must be 18 years of age or older. The Private Criminal Complaint Unit has the same burden of proof as the police, so the complainant must be a witness or have a witness to the crime.

What will happen after I go to the Private Criminal Complaint Unit?
If your complaint is approved for prosecution, you will file it with the Municipal Court. Upon payment of the $39.10 court filing fee, you will be issued a court date, which will be about one month from the filing date. No additional witnesses or evidence is necessary at the first listing.

Where do I go to file a private criminal complaint?
The District Attorney’s Private Criminal Complaint Unit is located at 1425 Arch St. 4th Floor, Philadelphia, PA 19102. For more information, please call 215-686-9863.

Right-to-Know Law

What is Right-to-Know Law (RTKL)?
Pennsylvania’s Right-to-Know Law (RTKL) was designed to increase transparency in the government’s decision-making and activities. The RTKL generally provides public access to the records of Commonwealth agencies, local agencies, courts, and legislative agencies. It is the policy of the Philadelphia District Attorney’s Office (DAO) to comply with the RTKL, 65 P.S. §§ 67.101–3104.

Right-to-Know Law

DAO Policy Documents

Below you will find DAO policies implemented to achieve the Philadelphia District Attorney’s Office criminal justice reform mandate and improve public safety. This section will be updated as needed.

DAO Policies to Reduce Mass Incarceration – 2018 (PDF)

DAO Anti-Harassment Policy – 2018 (PDF)

DAO Bail Policy – 2018 (PDF)

DAO Buprenorphine Possession Arrests Policy – 2018 (PDF)

DAO Cannabis DUI Policy – 2018 (PDF)

DAO Conflict Policy – 2018 (PDF)

DAO Expungement Policy – 2018 (PDF)

DAO Immigration Policy – 2018 (PDF)

DAO AMP Policy – 2019 (PDF)

DAO Clean Slate Policy – 2019 (PDF)

DAO Community Supervision Reform Policies – 2019 (PDF)

DAO Fines and Costs Policy – 2019 (PDF)

DAO Juvenile Justice Reform Policies – 2019 (PDF)

DAO Policy on Improving ADA Communication With Victims – 2019 (PDF)

DAO Brady Policy – 2020 (PDF)

DAO Women-Centered Policies – 2020 (PDF)

DAO Community Supervision Policy – 2022 (PDF)

DAO Policy Regarding Fentanyl Test Strips – 2021 (PDF)

DAO New Policies – 2018 (PDF)

Court Filings of Interest

Brief of the Commonwealth, by and Through the Philadelphia and Allegheny County District Attorneys, In Opposition to Defendants Preliminary Objections