Former “Jackass” star Bam Margera was recently arrested in Pennsylvania and is facing charges arising out of an alleged confrontation that took place at Margera's home in West Chester. Margera's brother Jesse, who lives at Margera's house, reportedly told police that Margera hit him several times, left him a threatening note, and verbally threatened to kill him. A warrant was issued for Margera's arrest, and Margera turned himself in several days later.
According to the court docket sheet, Margera has been charged with one count of “Simple Assault,” four counts of “Terroristic Threats,” and one count of “Harassment.” Given that the incident between Margera and his brother allegedly took place at a home that they share, it raises the question of whether Margera's brother Jesse would have had grounds to secure a Protection From Abuse (PFA) order against Margera and what that order could look like.
Brothers and PFA Orders in Pennsylvania
PFA orders are essentially protective orders designed to help reduce the possibility of future harm between certain individuals. They are only issued in limited types of cases where there is a particular type of relationship between the person seeking the PFA order and the person targeted by that order.
The PFA statute specifically states that “family or household members” may seek a PFA order and includes “persons who share biological parenthood” – such as biological brothers – in that group. In this case, Jesse Margera would appear to be eligible to seek a PFA order against his brother Bam, assuming he had cause to do so.
Requirements for a PFA Order in Pennsylvania
A PFA order will only issue based on certain types of “abuse.” These include causing or attempting to cause bodily injury as well as “placing someone in reasonable fear of imminent serious bodily injury.” Given the assault and terroristic threat charges filed against Bam Margera, it is possible that Jesse Margera could have grounds to secure a PFA Order against his brother.
How a PFA Order Could Restrict Bam Margera
PFA orders can be extremely restrictive – even to the point of prohibiting the target of the order from entering their own home, which in this case would essentially evict Bam Margera from his own home. In addition, Bam Margera could also be prohibited from going to places where Jesse Margera works or is appearing (Jesse is a musician) and could be required to turn over any firearms he may own.
What to do if a PFA Order is Requested Against You
There are two main things you should do as soon as you learn that someone has requested a PFA order against you. The first thing to do is to make sure you take no steps that could be viewed as retaliation. Don't lash out, don't show up on their doorstep, and don't make any threats or angry statements that could be used against you at the PFA order hearing. In fact, until you have the help of an experienced criminal defense attorney, the less communication you have with the plaintiff, the better.
The second thing you should do is to immediately contact Joseph D. Lento and the Lento Law Firm Criminal Defense Team. You have rights in this situation, and Joseph D. Lento has been helping clients defend themselves in PFA order hearings for years. He and the Lento Law Firm Criminal Defense Team understand the law, the PFA order process, and, most importantly, how to help you protect your rights in these kinds of very difficult and very personal cases.