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Pennsylvania Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: Can you get in trouble for threatening to call the cops for past abuse if the abuser doesnt do something you ask?

Okay so my friends ex use to hit her all the time and she has pictures but she never called the cops on him and then they broke up and she threatened to tell the cops about it if he didnt come home could she get in trouble? He has hit her again after the threat but she is scared to call the cops... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2018

I suggest that you urge your friend to go to a domestic violence organization in her area to discuss this situation. It's not good for her to continue in this relationship.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: i have a domestic charge against me on my fiance can she hold my daughter against me?
Cary B. Hall
Cary B. Hall answered on Dec 20, 2018

Maybe. If your fiance gets a Protection from Abuse (PFA) Order against you, a judge could award him sole temporary custody of your daughter (presuming your daughter is also your fiance's daughter). Your fiance could also file a custody case against you and obtain custody that way -- although... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: Can I press charges against my daughter stepmother for threatening my her that she going to punch her teeth out.

My daughter lives with her father he has Primary physical custody I have partial we both have shared legal. My daughter has witness domestic violence in her home her stepmother has been physically beaten her father. Has verbally abused my daughter and threatened to punch her teeth down her throat.... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2018

Potentially yes. It also sounds like you have pretty strong grounds to ask the court to grant YOU primary physical custody as well. You could also contact DHS and file a report.

Best of luck to you.

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Pennsylvania on
Q: My childs father lives in Philadelphia, I Live in NYC....He got a custody order while I was in a DV Shelter hiding

The custody order didn't go into effect until i moved out of the dv shelter into my own place..he served 3 years probation for domestic violence against me(ALL PUBLIC RECORD) After i moved out the courts allowed him custody every weekend all all summer long. Meanwhile, I'm a struggling... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 28, 2018

Perhaps contact Community Legal Services in Philadelphia (215-981-3700, https://clsphila.org) for assistance - although you might have to be a Philadelphia residence to qualify for free legal assistance. Otherwise, contact your local legal aid organization and/or domestic relations section. You... Read more »

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Is there a time limit on when a PFA must be served to somebody?

Is there a time limit on how long a person must be served a PFA/order of protection?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 23, 2018

Not that I'm aware of. The sooner the better obviously.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I went to police station in pa to press charges against my boyfriend for domestic abuse in a different county then where

The abuse took place and now the police in the county where it happened needs me to come in before they can charge him and i dont want charges pressed. Should i go in or i should i just not go

Kathryn Hilbush
Kathryn Hilbush answered on Oct 17, 2018

I suggest that you contact them to tell them you've decided not to proceed any further with the complaint.

2 Answers | Asked in Domestic Violence for Pennsylvania on
Q: Will you get in trouble if you are the plaintiff on a PFA order and don't show up for court

My cousin filed for a protection from abuse a week ago, she has since decided to move an hour away and decided not to even worry about fighting to keep it at this point. Her court date is tomorrow and she has no transportation there, would she be in legal trouble if she does not go?

Cary B. Hall
Cary B. Hall answered on Oct 15, 2018

No. But her Petition will be dismissed if she does not show up.

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1 Answer | Asked in Divorce and Domestic Violence for Pennsylvania on
Q: I'm the plaintiff in a PFA hearing and now want it to go away. If I don't show up will I be in any trouble?

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Kathryn Hilbush
Kathryn Hilbush answered on Sep 25, 2018

It's never advisable to fail to show up for a court hearing. The better approach is to show up and, if you want to drop the case, tell the judge then. It might be helpful to you to consult with an experienced family law attorney before court to discuss this and the divorce.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: After no contact order what will happen with domestic violence? In PA.

The neighbors called the cops and my husband was arrested because he grabbed my arm and put bruises on them. We are now in a no contact period until his court date. It was an argument blown out of proportion. What could happen. I want him back home.

Kathryn Hilbush
Kathryn Hilbush answered on Sep 23, 2018

I'm assuming that criminal charges were filed. Is that's the case,then it's up to the District Attorney's Office to pursue or drop the charges. Get word to your husband that he needs to hire an experienced criminal defense attorney who may be able to work something out with the... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: Can my 7 year old refuse court order visitation? She crys that she doesn't want to go because her mom beats her.

The children (7 year old daughter and 4 year old son) tell me they are locked in a room by themselves for days and their moms doing drugs. I've reported it but nothing happens. My daughter is scared to be at her mom's for to long. They have developed behavior issues due to going to their... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Sep 18, 2018

It's good that the children are in counseling. I suggest that you continue to work with their therapist. She/he may have some suggestions. It's always hard to know with younger children how much they're saying is 100% accurate and how much is somewhat exaggerated. The therapist can... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: Is slapping a 4 year old boy in the head considered abuse? If so does the mother have the rights to full custody ?

Mothers family resides out of state. Can she relocate back to her home town with children

Cary B. Hall
Cary B. Hall answered on Sep 3, 2018

In Pennsylvania, there is no hard-and-fast "list" of what constitutes abuse, and what doesn't. It's a case-by-case determination to be made by a court in each instance. In your case, I'm sure it'll come down to whether it was a hard and proper slap versus, say, a... Read more »

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I am a victim of domestic violence that happened in Georgia.. now in pa can I press charges against him?

My family is all from the state of PA and made arrangements for a bus ticket for me to leave the situation.

Cary B. Hall
Cary B. Hall answered on Aug 29, 2018

You can press charges against him . . . in Georgia, where the violence occurred. If he demands a trial on the criminal charges against him, you'll have to go down to Georgia to testify against him as well. But charges would not be filed against him in Pennsylvania since there's no... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: I have a preliminary hearing as a plantiff to sexual abuse charges against someone. What happens after the prelim, will
Kathryn Hilbush
Kathryn Hilbush answered on Aug 28, 2018

This question really should have gone to the criminal attorneys, not the family law attorneys. After the preliminary hearing, if the case is not dismissed, then it will proceed to trial, which may end up as a plea deal if the Commonwealth and the defense are so inclined.

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1 Answer | Asked in Domestic Violence and Personal Injury for Pennsylvania on
Q: Can I press charges against my dad for past physical and emotional abuse?He was a veteran
Kathryn Hilbush
Kathryn Hilbush answered on Aug 23, 2018

You should direct this question to a personal injury attorney through an in person consultation. Unfortunately the Justia computer sent it out to the family lawyers. I would ask you, though, what benefit you believe will be derived from suing your father?

Q: .my husband caused me to be permanently disabled and collects 100% VA and SSDisability which is 5000 a

I recieve 750..he abandonded me 15 mos ago left all the bills ..wilfily neglected ..wilfuly refused help.was abusive.im now at my daughtets i couldnt afford to stau in my home.Can his va compensation be garnished for alimonu and can he be charged criminally

Cary B. Hall
Cary B. Hall answered on Jul 31, 2018

If he caused you injuries, then yes - he can be criminally charged, and also sued in civil court for money damages. You may also be entitled to alimony in a divorce case as well -- it depends on all sorts of factors, most of which are monetary. It's probably worth a shot.

Best of luck to you.

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: Legal way to visit elderly mother

Husbands family mentally unstable with proof, husband wants to visit his mom without harrassment, is there a legal order to protect him?

Kathryn Hilbush
Kathryn Hilbush answered on Jul 18, 2018

I'm sorry, but this is a question for which quite a few more facts are needed before any sort of response can be offered. I suggest that your husband meet with an attorney experienced in elder law to discuss the circumstances. Good luck to him. It sounds like he is in a very difficult situation.

1 Answer | Asked in Civil Litigation, Domestic Violence and Libel & Slander for Pennsylvania on
Q: Defense against being accused of slander if it is the truth

My ex uses the legal system to harass me and works as a paralegal for a firm. It is listed on their public website that he graduated from a school that I know for certain is not true. Can I let his employer know that his education is a lie and that he is an ex convict for robbery and has had... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 4, 2018

Truth is an absolute defense for slander/libel charges. But can he still sue you and drag your through the court system? Surely, but you would have a defense to his civil lawsuit against you.

Best of luck to you.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Can a male victim of domestic violence sue his abuser for Physical and Emotional attacks?

Physical and Emotional Attacks resulting in continuing trauma, mental anguish, pain and suffering. Lost jobs, lost job opportunities, lost wages, and lost potential income. Lost friends and family members from stalking, cyber bullying, malicious email, texting and letter writing by the abuser.... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on May 25, 2018

Your question went out to the family law attorneys when it should have gone to the personal injury attorneys. Try posting it again without emphasizing the domestic violence issue, more along the lines of "Can I sue someone for physically attacking me and inflicting emotional trauma,... Read more »

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Had altercation with BF, told cops I DID NOT want to press charges. BF arrested on warrants for missing PO appointments

bc there was miscommunication due to previously scheduled, much needed, medical appointments that PO was aware of. BF was only given one day notice by a card in the door of PO appointments since he got out 4 months ago on probation. BF rev'd a summons for harassment other than physical where... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on May 17, 2018

Your boyfriend needs to consult with a criminal defense attorney.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Police contact, charges were not pressed. But I’m on probation in a deferent county. Can I get out of not telling her?
Kathryn Hilbush
Kathryn Hilbush answered on Apr 23, 2018

I'm sorry but I don't understand who you want to avoid telling and why. Are you asking if you have to tell your probation officer? I suggest that you discuss this with an experienced criminal defense attorney.

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