Domestic violence is on the rise across the country. If you are someone who has been wrongly accused of domestic violence, or you are a victim of domestic violence, it is critical you have an experienced attorney on your side to ensure your safety. It’s necessary to understand that these cases are serious, as they can involve both criminal and civil court proceedings. As such, understanding how Pennsylvania law defines domestic violence and how the court handles these cases is critical. Please continue reading and reach out to our experienced Pennsylvania firm to learn more about domestic violence law in Pennsylvania and how we can help you.
How Does Pennsylvania Define Domestic Violence?
Unlike other states, Pennsylvania does not have a dedicated “domestic violence” statute. Instead, this generally refers to certain crimes committed between those in eligible relationships under the Protection From Abuse (PFA) Act and relevant criminal statutes.
Many domestic violence cases in York County, Lancaster County, and throughout the state involve assault, stalking, harassment, or other offenses committed against a qualifying individual, like a spouse, partner, family member, or household member.
Conduct That May Qualify as Domestic Violence in Pennsylvania
- False imprisonment
- Physically assault
- Sexual abuse or sexual assault
- Intentionally or knowingly inflicting bodily injury upon another
- Putting another in reasonable fear of bodily injury
- Engaging in continuous acts against a person without proper authority, such as stalking them, placing the person in reasonable fear of bodily injury
- Abuse of minor children within a domestic relationship
What Is the Pennsylvania Protection From Abuse Act?
The Protection from Abuse Act (PFA) is state legislation enacted to protect individuals from abuse by allowing them to request court-ordered protection. It’s necessary to understand that, while having a PFA issued against you is not a crime in and of itself, violating a PFA is a criminal offense.
These tools are designed to provide immediate safety and protection for those facing alleged abuse in York County and across Pennsylvania while other criminal charges proceed through the court.
What Can a PFA Order Do?
- Prohibits contact with the alleged victim
- Removes the accused individual from a shared residence
- Grants temporary custody of minor children
- Can result in temporary child support or alimony orders
- Generally requires the party against whom the order was issued to surrender their firearms
Who Is Protected Under the PFA Act in York County?
It’s important to understand that a PFA is only eligible for those who have faced abuse in certain situations. As such, you are ineligible to recover a PFA if you are abused by a stranger, as you would need to pursue separate criminal remedies.
Relationships Covered Under PA’s PFA Act
- A domestic partner
- A parent
- A child
- A family member or blood relative
- A spouse or former spouse
- A boyfriend, girlfriend, partner, fiancé, or someone with whom you are sexually intimate
Situations Not Covered By the PFA Act
- Abuse by a stranger
- Verbal agreements that do not have qualifying threats of harm or conduct
- General workplace arguments without a qualifying domestic relationship
- Emotional harm without qualifying statutory abuse
How Do I File for a Protection From Abuse Order in Pennsylvania?
A person seeking protection must file a petition in the Court of Common Pleas in the county where they reside or in the county where the abuse occurred. For those in York County, this would be the York County Court of Common Pleas, while those in Lancaster or Dauphin Counties will follow similar procedures. Once filed, the court may grant a temporary emergency relief order on the same day that the petition is filed. However, a final hearing will generally be scheduled within 10 days of the temporary order’s issuance.
Steps in the PFA Process
- File a petition detailing the incident of abuse
- Appear before a judge for a temporary PFA if in immediate danger
- Serve the defendant with a notice of the formal hearing date
- Attend a final PFA hearing, where both sides will be allowed to present evidence
- The judge will issue a final order, which can last up to three years in many instances
Criminal Charges Related to Domestic Violence
As mentioned, domestic violence can result in both civil proceedings and criminal charges. Unlike a PFA, criminal charges related to domestic violence are prosecuted by the Commonwealth. Domestic violence charges in York County and across the state can be felonies or misdemeanors, depending on the severity of the offense, prior convictions, and the injuries the alleged victim suffered.
Common Criminal Charges in Domestic Violence Cases
- Simple assault
- Aggravated assault
- Terroristic threats
- Child endangerment
- Harassment
- Stalking
- Strangulation
What Happens if You are Wrongfully Accused of Domestic Violence?
Unfortunately, false allegations of domestic violence are not uncommon during divorces or child custody disputes. Because these matters move at a rapid pace to protect victims, obtaining legal representation as soon as possible is crucial to best protect yourself. Even temporary orders can impact your rights before a formal hearing has even occurred.
Immediate Risks of a Domestic Violence Accusation
- Emergency removal from your shared residence
- Temporary loss of custody or visitation rights
- Damage to professional licensing and reputation
- Immigration consequences for non-citizens and visa-holders
- Mandatory surrender of firearms
Consequences of Violating a PFA Order in York County
As mentioned, while a PFA does not mean you are automatically charged with a criminal offense, violating an order will result in charges. Even accidental contact or unintentional violations can result in serious consequences and your immediate arrest.
Potential Penalties for Violating a PFA
- Immediate arrest without a warrant
- Extension of the PFA order
- Charges of criminal contempt
- Jail time
- Fines
- Additional criminal charges
Contact Our Dedicated York County Firm Today
If you are someone undergoing legal issues pertaining to domestic violence in York, Lancaster, or Dauphin Counties, please do not hesitate to contact our knowledgeable, compassionate Pennsylvania law firm today to learn more about how we can help you. Whether you are a victim of abuse or you have been wrongly accused of it, we are here to help.
