Someone just filed a Protection From Abuse order against you in Philadelphia, and the accusations aren’t true. Your stomach drops. You’re locked out of your own home, separated from your children, and people are treating you like a criminal—before you’ve had a chance to tell your side. If this is happening to you right now, know that you are not powerless, and a false accusation does not have to destroy your life. As a former Philadelphia prosecutor who spent over a decade in the DA’s Office and tried over 400 jury trials, Thomas Burke at DiDonato & Burke knows exactly how domestic violence cases are built from the prosecution’s side. More importantly, he knows how to dismantle them when the accusations are false. This article explains why false PFA accusations happen, what’s really going on in the legal system when they do, and how an experienced defense attorney protects your rights, your reputation, and your freedom.
What Happens When You’re Falsely Accused of Domestic Violence in Philadelphia
A Protection From Abuse (PFA) order in Pennsylvania is a civil court order designed to protect victims of domestic violence. The problem is that it can be filed by almost anyone who claims to be in fear—without any physical evidence, police report, or criminal charge. A judge can issue a temporary PFA within hours, sometimes the same day the petition is filed, based entirely on one person’s written statement.
That means before you even know what’s happening, you could be ordered to leave your home, barred from contacting your children, forced to surrender firearms, and publicly listed in court records. If criminal charges follow, the stakes get even higher: jail time, a permanent criminal record, and consequences that reach into every corner of your life—your career, your custody rights, your reputation in Philadelphia’s tight-knit neighborhoods.
The emotional toll is just as punishing. Clients describe feeling helpless, angry, and confused all at once. Many have told DiDonato & Burke that the hardest part isn’t the legal process—it’s the fact that everyone assumes they’re guilty before they’ve said a single word.
Why False Domestic Violence Accusations Happen in Pennsylvania
Understanding why false accusations occur is the first step toward fighting them. Having prosecuted hundreds of cases during his decade in the Philadelphia District Attorney’s Office, Thomas Burke has seen the patterns firsthand. False domestic violence and PFA claims in Philadelphia typically stem from one of these causes.
Custody and Divorce Strategy
The most common cause of a false PFA in Philadelphia is an ongoing custody battle or divorce. A PFA order can immediately shift custody, remove a parent from the family home, and create a paper trail that one side uses to gain leverage. Some family law attorneys even coach their clients on how to file PFA petitions strategically. This isn’t speculation—prosecutors and judges see it regularly.
Retaliation After a Breakup
When a relationship ends badly, emotions run high. A false accusation can be used as punishment—a way to “get back” at an ex-partner. The accuser knows the system moves fast and that the accused will suffer consequences before any hearing takes place.
Misunderstanding of What Constitutes Abuse
Pennsylvania’s PFA statute covers a broad range of conduct beyond physical violence, including threats, harassment, stalking, and conduct that places someone in fear. Sometimes a heated argument or a misinterpreted text message gets characterized as abuse, even when no actual threat or violence occurred. The low evidentiary standard for a temporary order means these claims can move through the system quickly.
Pressure from Third Parties
In some Philadelphia cases, accusations arise not from the alleged victim but from family members, friends, or advocacy groups encouraging someone to file. The accuser may feel pressured to follow through even when the underlying facts don’t support the claim.
The System’s Built-In Imbalance
Pennsylvania’s PFA process is intentionally designed to protect potential victims quickly. That’s a good thing when abuse is real. But the same features that protect genuine victims—fast temporary orders, low burden of proof, no requirement for evidence—make the system easy to misuse. Prosecutors typically build these cases by relying heavily on the accuser’s statement and the emotional narrative, which means false accusations can gain traction before the truth catches up.
How to Tell If Your PFA Case Has Weaknesses the Court Should Hear
Before your final PFA hearing in Philadelphia, there are signs that the case against you may be weak. Look for inconsistencies in the petitioner’s written statement, lack of any police reports or medical records, timing that coincides with a custody filing or divorce petition, text messages or communications that contradict the accusations, and witnesses who can speak to what actually happened.
If the accuser’s story has changed between the initial petition and any police statements, that’s a significant red flag. When I was prosecuting these cases, inconsistencies between a complainant’s written petition and their testimony were often the first thing that signaled a credibility problem. A skilled defense attorney knows how to expose those gaps at the hearing.
How a Former Prosecutor Fights False PFA Cases in Philadelphia
Immediate Steps You Should Take Right Now
Do not violate the temporary PFA order, even if it feels unjust. A violation is a criminal offense. Do not contact the accuser directly—not by phone, text, social media, or through a third party. Write down everything you remember about the events in question while your memory is fresh. Gather any text messages, emails, voicemails, social media posts, or surveillance footage that contradicts the accusations. Call an experienced criminal defense attorney immediately—do not wait for the final hearing.
What an Experienced Defense Attorney Does Differently
At DiDonato & Burke, Thomas Burke approaches every false PFA case the way he used to prepare cases as a prosecutor—but in reverse. The first step is a thorough investigation: gathering all communications, identifying witnesses, obtaining any available video or audio evidence, and building a complete timeline. The goal is to present the judge with a clear, factual counter-narrative that exposes the accuser’s credibility problems.
Cross-examination is where former prosecutors have the greatest advantage. After 400+ jury trials, Thomas Burke knows how to question a witness in a way that reveals contradictions, inconsistencies, and motives. This skill is developed over years of courtroom practice, and it’s the single most important factor in defending against false accusations.
Why a Former Prosecutor Makes the Difference
Most defense attorneys prepare for what their client will say. A former prosecutor prepares for what the other side will do. Thomas Burke knows the prosecution’s playbook because he wrote it for over a decade. He understands what evidence the DA’s office will prioritize, how they coach witnesses, and where their case is most vulnerable. That insider knowledge translates directly into a stronger defense for Philadelphia defendants facing false domestic violence allegations.
Why Philadelphia Defendants Choose DiDonato & Burke
DiDonato & Burke has defended Philadelphia residents for over 30 years. Thomas Burke’s background as a former prosecutor in the elite homicide unit of the Philadelphia District Attorney’s Office gives him a perspective that other defense attorneys simply cannot match. With over 400 jury trials, a $10 million civil rights verdict for a client falsely accused by police, and a track record of acquittals and dismissals, the firm delivers the aggressive, knowledgeable defense that false accusation cases demand. Clients work directly with Thomas Burke—no handoffs to junior associates or paralegals. The firm remains intentionally small so that every client receives personal attention and direct communication throughout their case.
Frequently Asked Questions
How much does a PFA defense attorney cost in Philadelphia? Costs vary depending on the complexity of your case and whether criminal charges accompany the PFA. DiDonato & Burke offers a free initial consultation to evaluate your situation and discuss fees transparently before you commit to anything.
Can a false PFA order affect my custody rights in Pennsylvania? Yes. A PFA order can immediately restrict your contact with your children and influence custody proceedings. Judges in family court consider active PFA orders when making custody decisions, which is why fighting a false order quickly is critical.
What happens at a final PFA hearing in Philadelphia? Both parties present evidence and testimony before a judge. The petitioner must prove abuse occurred by a preponderance of the evidence. You have the right to cross-examine the accuser, present witnesses, and submit evidence in your defense. Having an experienced attorney at this hearing significantly impacts the outcome.
Can I get a false PFA dismissed before the final hearing? In some cases, yes. If the accuser fails to appear at the hearing, the PFA is typically dismissed. Your attorney can also negotiate a withdrawal or present evidence that leads to dismissal.
Will a PFA show up on my criminal record? A PFA itself is a civil order, not a criminal conviction. However, it does appear in court records and background checks. If criminal domestic violence charges are also filed, a conviction would appear on your criminal record.
How long does a PFA order last in Pennsylvania? A final PFA order can last up to three years in Pennsylvania and can be extended. A temporary order typically lasts until the final hearing, which is usually scheduled within ten days.
What if I accidentally violate the PFA order? Any violation of a PFA order—even accidental contact—is a criminal offense in Pennsylvania. If this happens, contact a defense attorney immediately. Do not attempt to explain the situation to the accuser or police on your own.
What makes a former prosecutor better at defending PFA cases? A former prosecutor understands how the other side builds their case, what evidence they rely on, and where their arguments are weakest. Thomas Burke spent over a decade learning these strategies from inside the DA’s office—now he uses that knowledge to protect the accused.
What to Do Next
A false accusation of domestic violence threatens your freedom, your family, and your future. The system moves fast, and waiting to act only makes your situation harder. Here’s what matters right now: do not violate the temporary PFA order under any circumstances, preserve all evidence including texts, emails, and social media, do not speak to the accuser or discuss the case with anyone except your attorney, and call an experienced defense attorney before your hearing date arrives.
Thomas Burke at DiDonato & Burke has spent his entire career in Philadelphia courtrooms—first as a prosecutor, now as a defender. If you’ve been falsely accused, he knows how to fight for the truth.
Call (215) 567-1248 for a free consultation.
