9 Frequently Asked Questions About PA Domestic Violence Laws

Facing a domestic violence charge in Lancaster County, PA, can be an overwhelming and distressing experience, especially when legal jargon and procedures are unfamiliar. Both the victims and perpetrators of this crime often have questions about PA domestic violence laws, including the definition of domestic violence, potential consequences, and how to protect themselves. Keep reading to learn more from the attorney at Marinaro Law Firm.

Highlights:

• In Pennsylvania, domestic violence is broadly defined to include causing or attempting to cause physical harm, placing another in reasonable fear of imminent harm, or using physical force against a family or household member or a current or former sexual partner without their consent.
• Common types of domestic violence cases involve physical abuse, emotional abuse, and sexual abuse.
• You can be arrested on a domestic violence charge without making physical contact with your partner.
• A PFA (Protection From Abuse) order is a civil court order that protects domestic violence victims from the alleged abuser.
• The alleged victim cannot drop the case once an arrest has been made, as it is up to the prosecutor to proceed.

After a fight with your partner, you find yourself being accused of domestic violence. Perhaps it was following a heated argument, or maybe the accusation came out of the blue. Regardless, law enforcement was called, and you’re now under scrutiny, facing potential legal repercussions and a stigma that could affect your reputation. You’re left wondering what steps to take next, and your questions about this situation can remain unanswered for the time being.

When someone accuses you of domestic abuse, it’s essential to handle it with knowledge and caution. At that moment, staying calm and avoiding confrontations are crucial. Remember, allegations of domestic violence are serious and can have severe consequences if proven true. Even with the help of a criminal defense attorney, Pennsylvania domestic violence charges could include imprisonment, fines, anger management courses, and a criminal record.

In this blog post, we will discuss common frequently asked questions about PA domestic violence laws, what happens when you are accused of a domestic violence crime, and other important information you will need to take the proper steps towards ensuring you are legally protected.

1. What Is Considered to Be Domestic Violence in Pennsylvania?

In Pennsylvania, under the Protection From Abuse Act, legislators broadly define domestic violence as causing or attempting to cause physical harm, placing another in reasonable fear of imminent serious bodily injury, or using physical force against a family member or current or former sexual partner without their consent. This crime could also include causing or attempting to cause bodily injury with unwanted sexual assault or sexual abuse against someone non-consensually.

It may involve various forms, including physical abuse, emotional, psychological, and sexual. Importantly, this law could apply to a family member or other person living in the same home as you, a current or former sexual or intimate partner, and those who share biological parenthood. Remember that each case is unique, and the court will consider the specific facts when deciding whether an act is regarded as domestic violence.

2. What Are the Most Common Domestic Violence Cases in PA?

In Pennsylvania, domestic violence cases often involve various forms of abuse within a family or household. The most common types of domestic violence cases often involve physical or sexual abuse and emotional or psychological abuse.

Each case is unique, and the circumstances can significantly vary. Understanding these categories is crucial for anyone accused of such crimes to prepare their defense adequately. Seeking legal guidance from an experienced attorney who understands domestic violence laws in Pennsylvania can help you navigate these complexities and protect your rights.

Physical Abuse – Domestic Violence Crimes

Physical abuse cases can include a range of violent acts such as hitting, slapping, pushing, or any use of force that causes bodily injury to an intimate partner or family member. It may also involve the use of weapons or other objects to inflict harm.

Sexually Abusive Domestic Violence

Sexually abusive domestic violence crimes can include rape, sexual assault, and other forms of non-consensual sexual acts. This crime could also include coercive behaviors such as forcing someone into unwanted sexual activities.

Emotional Abuse Laws in Pennsylvania for Domestic Violence

Emotional abuse may not leave visible scars but can profoundly impact the victim’s mental health. Emotional or psychological abuse can include behaviors such as gaslighting, manipulation, verbal insults, and threats. Emotional abuse laws in Pennsylvania are just as strict as physical assault since these actions can have a long-lasting impact on the victim’s well-being and self-esteem.

3. Can I Be Arrested on Domestic Abuse Charges Without Making Physical Contact With My Partner?

Yes, you can be arrested on domestic violence charges without making physical contact with your partner. Under Pennsylvania law, causing or attempting to cause physical harm is not the only form of domestic violence. Any act that causes fear of bodily injury, including emotional or verbal abuse, or uses physical force against a family member or current or former sexual partner without their consent could result in a domestic violence conviction.

For instance, threats of violence, harassment, or actions that cause a fear of bodily injury can lead to charges. Additionally, actions that involve stalking or controlling behavior, such as monitoring someone’s movements or communications, are considered abusive. Law enforcement might arrest an individual based on a statement from the alleged victim or a reasonable belief that abuse has occurred.

4. What Happens to Me After a Domestic Violence Arrest in PA and What Can I Expect?

After being arrested on a domestic violence charge in Pennsylvania, you will likely be taken to the police station for booking and processing. You may be held in custody until your arraignment, which is when you will learn about the specific charges against you.

It’s essential to remember that any statements or admissions made during this process can be used against you in court. It’s best to remain silent and speak with a domestic violence attorney before answering any questions.

You can expect a bail hearing where the court will determine whether you will be released on bail or held until your criminal case trial. Several departments could be involved including local law enforcement and Domestic Relations. Suppose you are released from prison, depending on the hearing. In that case, you may be required to follow certain conditions, such as staying away from the alleged victim or attending anger management classes.

5. What Is a PFA Order in Pennsylvania?

A PFA (Protection From Abuse) order is a civil court order from Domestic Relations that protects domestic violence victims from their alleged abusers. It may also include specific provisions, such as prohibiting them from contacting or being near the victim.

If you are facing a PFA order, it’s essential to take it seriously and follow its terms. Violating a PFA order can result in criminal charges and penalties.

6. Can the Alleged Victim Drop a Domestic Violence Case In Pennsylvania?

Under PA domestic violence laws, the alleged victim cannot stop a domestic violence case. Once an arrest has been made, it’s up to the prosecutor to decide whether to pursue it and have you face domestic violence charges or not. The case may still proceed if the alleged victim recants their statement or refuses to cooperate with the prosecution.

Domestic violence cases are considered offenses against the state. Thus, the decision to pursue or dismiss charges lies with the prosecutor, not the victim. This fact means even if the alleged victim wishes to retract their statement or no longer wants to proceed, the state can continue with the prosecution based on available evidence. The inability to stop a domestic violence case further protects victims who may be coerced by their alleged abuser or his or her family to stop the case, even though the abuse is taking place.

Prosecutors might take the victim’s desires into account, but the evidence and the perceived severity of the offense ultimately guide them. If you are facing charges, having a skilled criminal defense attorney who can negotiate with the prosecution and advocate on your behalf is essential. Understanding the legal process can help you navigate your options and work toward a favorable resolution.

7. What Penalties and Sentencing Guidelines Are Associated With Pennsylvania Domestic Violence Convictions?

In Pennsylvania, the charges associated with a domestic violence crime can vary widely, depending on the severity of the act and the circumstances surrounding it. Here are some of the most common charges:

1. Simple Assault: A second-degree misdemeanor charge resulting from physical violence. Conviction can lead to up to two years in prison and a fine of up to $5,000.
2. Aggravated Assault: This is a more serious offense, typically a second-degree felony, which involves causing serious bodily harm. The punishment for Aggravated Assault may include up to 10 years in prison and a fine of up to $25,000.
3. Harassment: This includes repeated acts of annoyance or alarm, like following someone in public or persistently communicating with them against their will. Harassment is typically charged as a third-degree misdemeanor, with a maximum penalty of one year in jail and a fine of up to $2,500.
4. Stalking: This behavior pattern instills fear for one’s safety. Stalking is a first-degree misdemeanor and, if convicted, can result in up to five years in prison and a fine of up to $10,000.
5. Sexual Assault or Rape: These serious offenses involve non-consensual sexual acts and carry severe penalties. Convictions can result in many years, or even life, in prison and significant fines.
6. Violation of a Protection from Abuse order: Disregarding a court-issued PFA order can lead to criminal contempt charges, which can result in jail time and fines.

Please note that this list is not exhaustive, and the exact charges and penalties can vary based on the specific circumstances of each case.

8. What Should I Do if I Am Falsely Accused of Domestic Violence?

If you are falsely accused of domestic violence in Pennsylvania, it’s crucial to act promptly and strategically to protect yourself. First, refrain from contacting the alleged victim, which could worsen the situation or lead to further allegations.

Next, gather any evidence that can support your innocence, such as text messages, emails, or witness statements. Document your whereabouts and interactions around the time of the alleged incidents.

Third, call an experienced criminal defense attorney who understands PA domestic violence laws. They can guide you through the legal process and help build a strong defense. Your attorney will work to challenge the evidence, question the credibility of the accusations, and advocate for your rights.

Remember, a false allegation can have severe repercussions for your personal and professional life, so taking these accusations seriously and seeking legal representation is vital to protecting your future.

9. What Are My Options if I Want to Press Charges Against a Perpetrator?

If you wish to press charges against a perpetrator of domestic violence in Pennsylvania, there are several steps you can take.

1. File a Police Report: Contact local law enforcement to file a report detailing the incidents of abuse.
2. Cooperate with the Police Investigation: The police will investigate and gather evidence that could lead to the arrest of the alleged perpetrator.
3. File a PFA: You may also seek a Protection from Abuse (PFA) order from the court, which provides legal protection against the abuser and can include provisions like no-contact orders or temporary custody arrangements with or without child support.
4. Hire a Lawyer: Consulting with a knowledgeable attorney can be beneficial in understanding your rights and the legal processes involved. They can assist you in navigating the complexities of the legal system, ensuring that your case is presented effectively.

An attorney can also provide support in securing a PFA and representing your interests during any court proceedings, including a possible spousal support order. Taking legal action is a significant step in safeguarding your well-being and holding the perpetrator accountable.

If You’re Being Accused of Domestic Violence and Need a Criminal Defense Attorney, Marinaro Law Firm Is Here

Facing accusations of domestic violence can be daunting, but you don’t have to navigate this challenging time alone. At Marinaro Law Firm, we offer the robust legal defense you need to protect your rights and future.

With over 30 years of experience, Attorney Michael Marinaro combines his expertise in criminal defense with a unique background as a former forensic scientist. This experience equips us to scrutinize evidence meticulously, providing a thorough and strategic defense.

We understand the gravity of domestic violence charges and how they can impact every aspect of your life. Our commitment is to offer you personalized attention and aggressive representation at every stage of the legal process.

Don’t let these accusations define your future. Contact us today to schedule a consultation, and let us help you navigate your case with confidence and clarity. Protect your future with an experienced criminal defense attorney by your side.

Resources:

• Title 101 Chapter 15 101 Pa. Code § 15.66. Offenses and penalties.
• Title 18 – Chapter 1. General Provisions; § 106. Classes of offenses.
• Title 18 – Crimes and Offenses, Chapter 27. Assault; § 2702. Aggravated assault.
• Title 18 – Crimes and Offenses, Chapter 27. Assault; § 2701. Simple assault.
• Title 18 – Crimes and Offenses, Chapter 27. Assault; § 2709. Harassment.
• Title 18 – Crimes and Offenses, Chapter 27. Assault; § 2709.1. Stalking.