What are the Pennsylvania Laws on Domestic Violence?

Pennsylvania Domestic Violence Laws – The Basics

Domestic violence is a big problem in Pennsylvania. Lots of people get hurt by someone they love. It’s sad but true. The good news is Pennsylvania has some strict laws to try and stop it.

This article will go over the basics of Pennsylvania’s domestic violence laws. We’ll look at stuff like:

• What counts as domestic violence
• What happens when the cops get called
• Restraining orders
• Criminal charges and penalties
• Defenses that might help

Our goal here is to help folks understand their rights and options if they’re dealing with domestic violence. This stuff can be really confusing and scary. We want to make it simple.

What Counts as Domestic Violence in PA?

First, let’s look at what kinds of behavior can count as domestic violence under Pennsylvania law. There’s a whole list of stuff that could qualify:

• Hitting, punching, slapping, kicking – Physical abuse of any kind
• Strangling or choking someone – This is a felony now in PA
• Shoving, restraining, false imprisonment – Keeping someone from leaving
• Threats of violence – Even if you don’t do it, just threatening is illegal
• Stalking – Following someone or harassing them repeatedly
• Sexual abuse – Any unwanted sexual contact
• Emotional abuse – Name calling, intimidation, controlling behavior
• Financial abuse – Stealing money or ruining credit

For it to count as domestic violence, the victim has to have a specific relationship with the abuser. This includes:

• Spouses and ex-spouses
• Parent and child
• People who dated or were intimate
• People who live together or used to
• Family members like siblings, in-laws, etc.

So if your sister’s boyfriend hits her, that’s domestic violence. But if a stranger punches you, that’s just regular assault.

What Happens When Police Get Called for Domestic Violence?

When someone reports domestic violence in Pennsylvania, the police have to take it very seriously. Here’s generally what goes down:

• Cops arrive fast – They will show up quickly to help the victim
• Check for injuries – Make sure the victim gets medical care if needed
• Interview both parties – Get each person’s side of the story
• Collect evidence – Take photos, get witness statements, etc.
• Make an arrest – They can arrest without a warrant if they think a crime occurred

The cops don’t need the victim’s permission to arrest the abuser. Even if the victim says it was a misunderstanding, the police can still arrest if they have probable cause. That means good reason to think domestic violence happened based on the evidence.

After an arrest, it’s out of the victim’s hands. The prosecutor takes over and decides whether to file criminal charges. Victims cannot drop charges – only the state can.

Getting a Restraining Order for Domestic Violence

Victims of abuse can also get a Protection From Abuse order (PFA). This is like a restraining order against the abuser. It orders them to stay away from the victim.

To get a PFA, the victim files a petition in court explaining how the abuser hurt them or threatened them. If approved, the PFA remains in effect for up to 3 years. It can also give temporary custody of children to the victim.

If the abuser violates the PFA, that’s a crime and they can be arrested. PFAs provide important legal protection for victims.

Criminal Penalties for Domestic Violence

In Pennsylvania, domestic violence can be charged as a misdemeanor or a felony. The penalties get much worse if it’s a felony. Let’s compare:

Misdemeanors

• Fines up to $5,000
• Up to 2 years in jail

Felonies

• Fines up to $25,000
• Up to 10 years in prison

Felonies are for really violent crimes like aggravated assault, sexual assault, strangulation, etc. But even misdemeanors can ruin your life. These charges are super serious.

Possible Defenses for Domestic Violence Charges

There are a few main ways to defend against domestic violence charges:

• Self-defense – Argue you only used force to protect yourself
• False allegations – Claim the charges are totally false
• Mental health issues – Say mental illness caused the behavior
• Substance abuse – Blame alcohol, drugs, etc. for the actions

An experienced criminal defense lawyer can help assess defenses and negotiate with the prosecutor for better outcomes. Don’t go it alone!

Get Help from an Attorney Right Away

Being accused of domestic violence is scary. But you have rights under the law. An attorney can protect your rights and fight the charges. Consider contacting a firm like CriminalDefenseLawyer.com to get experienced legal help right away.

Domestic violence charges can ruin families, careers and reputations. But the right legal strategy can help minimize the damage. Don’t wait to call a lawyer.