Answering FAQs About Domestic Violence Charges in Philadelphia

Answering FAQs About Domestic Violence Charges in Philadelphia

Being arrested for domestic violence can be really scary. You might feel overwhelmed and not know what to expect. This article will walk through some common questions people have when facing domestic violence charges in Philadelphia.

What is considered domestic violence in Philadelphia?

Domestic violence includes any violent crime committed against a family member, romantic partner, or someone you live with. This includes things like:

• Hitting, punching, slapping, kicking, or biting
• Threatening to physically harm someone
• Forcing someone to have sex
• Destroying property
• Controlling finances or tracking someone’s time
• Humiliating or threatening someone

Domestic violence is taken very seriously in Philadelphia. Any act of domestic violence is treated as a criminal offense by the police[5].

What happens when police respond to a domestic dispute?

When police arrive on a domestic dispute call, their first priority is making sure potential victims are safe[3]. Here’s what you can expect:

• Police have the power to arrest without a warrant if they have probable cause
• They can confiscate any weapons used or threatened to be used
• You may be handcuffed and taken to the station for questioning
• Other witnesses like family members may also be questioned
• Police will inform victims about getting a protection order

Even if the victim doesn’t want to press charges, police will still prepare a report[5].

What are the penalties for domestic violence charges?

Domestic violence charges can either be misdemeanors or felonies. Here are some examples of penalties[1]:

• Misdemeanors – up to $10,000 in fines and 5 years in prison
• Felonies – over $15,000 in fines and at least 7 years in prison

Even misdemeanors carry heavy fines and jail time. Felonies are considered more serious with harsher penalties. The charges depend on what exactly happened during the dispute.

Can charges be dropped in domestic violence cases?

Only the District Attorney’s office can decide to drop or move forward with charges, not the victim[4]. They will consider the victim’s input, but make the final decision themselves. An experienced defense attorney can advocate to get charges reduced or dropped.

What are some defense strategies for domestic violence charges?

There are several legal defenses that could apply in domestic violence cases[3]:

• Self-Defense – You acted in self-defense against violence
• False Accusations – The alleged victim is falsely accusing you out of anger
• Mistaken Identity – You were misidentified as the abuser
• Consent – Any physical acts were consensual

An attorney experienced with domestic violence cases will know how to build the strongest defense.

What happens if I violate a protection order?

If you violate a protection from abuse order (PFA), you could face additional criminal charges[4]. This includes contacting the victim, being at their home, or using threats. Any weapons used or threatened will be seized as well.

Violating a PFA is a serious offense. You could spend time in jail even if it’s your first offense. Speak with an attorney immediately if you’ve been accused of violating an order.

What resources are available for domestic violence victims?

There are many resources in Philadelphia to help victims of domestic violence[6]:

• Philadelphia Domestic Violence Hotline – 24/7 bilingual hotline at 1-866-723-3014
• Women Against Abuse – Provides shelter, counseling, legal help and other services
• Women Organized Against Rape – Counseling and resources for sexual assault victims
• Philadelphia Family Court – Help obtaining protection orders

Victims should create a personalized safety plan with the help of advocates. Having support makes the process less intimidating.

Conclusion

Facing domestic violence charges in Philadelphia can disrupt your life. But good information and legal representation can help you navigate the process. Learn your rights and defense options by speaking to an experienced domestic violence attorney right away.