Between 2008 and 2017, there were an estimated 1,200 fatalities attributed to domestic violence in Pennsylvania. The Domestic Violence Center of Chester County was among those counties that pioneered the Lethality Assessment Program (LAP). This initiative has resulted in education and training for 42 agencies of law enforcement regarding the resources available to victims of domestic violence. In 2017, Chester County issued 677 Protection from Abuse (PFA) orders.
Defining Domestic Violence
These acts can be described as those where a knowledgeable individual recklessly inflicts bodily harm or creates fear of bodily harm against a member of their family or household. These may be acts of assault, rape, child abuse, stalking, and more. Criminal charges stemming from these incidents may be either a misdemeanor or a felony.
Charges of Domestic Violence
The aforementioned estimate regarding the number of cases of domestic violence in Chester County was based on the volume of PAF orders. This was done because it can be difficult to decipher the number of violent offenses that involve domestic or intimate partners. Such charges in Pennsylvania are classified under the various offenses involving violence including simple or aggravated assault, reckless endangerment, strangulation, etc.
Process Following a Complaint
- Any officer responding to a complaint of alleged domestic violence is required to provide the victim(s) with verbal and written information about the local agencies in the community that provide services including shelter, medical care, etc.
- The officer must also inform the alleged victim(s) of their right to file a PFA
- The PFA may order the alleged abuser to leave the household and prohibit any contact with the victim(s) i.e. entering their home, school, place of employment, etc. It may also contain temporary orders regarding custody of any minor children and/or that financial support is provided when applicable.
- The responding officer is required to file an incident report summarizing the details
- If no arrest was made, the report must contain an explanation of why this decision was made
- All PFAs are registered into a statewide database by the Pennsylvania State Police
- The court must hold a hearing within 10 days where the victim(s) must prove by the preponderance of the evidence that any allegations of abuse are genuine
- The alleged abuser (defendant) will be notified of the hearing and reminded of their right to legal counsel
- The alleged abuser (defendant) may be required to temporarily surrender any firearms in their possession
- The courts may implement temporary orders or conditions that they deem necessary for the safety of the victim(s) and/or minor children
- If the court determines the alleged abuser is a threat to the physical safety of any minor children they may require that any visitation or parenting time be supervised in a secured facility
- The court retains the ability to provide a confidential address as needed for victims of domestic abuse, sexual assault, etc.
Recent Legislative Activity
Pennsylvania lawmakers are currently addressing at least six pieces of legislation specifically involving domestic violence.
|
SEN Bill 313 |
Victims may exit a shared phone plan with the alleged abuser without penalty |
|
SEN Bill 449 |
New resources for courts regarding bail for those charged with domestic violence |
|
SEN Bill 500 |
Victims may be accompanied by a law enforcement officer when PFA orders are served |
|
SEN Bill 501 |
Involves orders that the alleged abuser temporarily relinquish any weapons they possess |
|
SEN Bill 502 |
Involves the court's ability to extend or create a new PFA if it is expiring |
|
SEN Bill 919 |
Would allow for victims of domestic or sexual abuse in public housing to be relocated |
With this wave of potential changes to laws, those facing these types of charges must ensure they retain an attorney who is regularly engaged in this area of legal practice.
Defense Attorney for Charges Related to Domestic Violence
The stringent procedures regarding how incidents of domestic violence are handled are intended for the safety of victims. In some instances, the accused may be unfairly exaggerating their allegations and using the law as a means of personal retaliation from other disputes. The Lento Law Firm will ensure that your rights are protected and work hard to achieve a positive outcome in these matters. Contact the office today at (888) 535-3686 for a consultation.
