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Pennsylvania Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

1 Answer | Asked in Child Custody and Domestic Violence for Pennsylvania on
Q: Can the filer of a pfa get into trouble if she agrees to be around the defendant?

They do also have a child together whom they share 50/50 custody of.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2023

Unlikely because the order is not against the filer. However, why would the filer want to place the defendant in jeopardy of going to jail by encouraging the defendant to violate the PFA order? If the filer wants to spend time with the defendant, then the filer reevaluate the nature of the abuse... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I have a pfa on my ex. What happens if I go out to a public place and he is there, do I leave or does he leave?
Peter Christopher Lomtevas
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answered on Dec 23, 2022

In a world where everyone follows the law and court orders, the ex is supposed to leave so as to avoid triggering an arrest. However, more realistically, if the holder of the PFA sees the ex, she should think about avoiding the scene and leaving. This will protect the holder of the PFA from... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: Will I be convicted of strangulation if it was self defense and it’s my first ever criminal charge

My mother broke into my room with a butterknife armed with a karate bow staff, attempted to hit me and the girl I was with due to disapproval of the girl, I backed her out of the room she fell back I fell back and continued to fight me so I placed my hand on her neck and then guided her to floor... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Dec 16, 2022

The police can decide to charge any person they reasonably believe to have committed a crime based on the information available and the investigation conducted at the scene of an alleged crime. I would think that the police were more sympathetic towards your mother than you given the... View More

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: I’m appearing in a court hearing on a temporary PFA. If it’s quashed, can one spouse flee with the kid instead ?

My spouse brought a PFA case on me . We are under a temporary separation order. In the hearing we are all expecting the judge to quash the temp and allow us to live together in marital home.

After that, can one spouse refuse to live there and while leaving take the kid along with?... View More

Peter Christopher Lomtevas
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answered on Nov 28, 2022

There is not enough factual information here. What was the misconduct alleged to have brought about the PFA and what if any proceedings are currently taking place? Assuming the worst allegations, no PFA will be denied and the parent with the child can make an attempt to abscond with the child. Most... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: If a person has an active pfa against someone and there is also a child involved and that person and the child move back

Into the home with the defendant without trying to get the pfa dismissed what can be done? This person who has the pfa against them was accused of sexual abuse of the child. Also fired a gun off inside the home while child and several witnesses were outside.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

Call the police and report the violation of the order. The person restrained by the order must comply even if the protected person is not enforcing it themselves. It could result in a child protection / welfare action.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists with Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: What should I do once the pfa order against me expires today? My husband lied in order to obtain to begin with.
Ryan L Hyde
Ryan L Hyde
answered on Jun 16, 2022

I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.

2 Answers | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... View More

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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Can someone legally force you to stay in a relationship

My friend is being forced to stay in a relationship even though she has tried to break up with him multiple times

Peter N. Munsing
Peter N. Munsing
answered on Jul 2, 2021

Not at all. A person doesn't have to stay in a marriage either. She should get some counseling on how to handle this.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I want to sue the county because I am a victim of domestic violence that got strangled,hit in the with a rock assaulted

bye my ex boyfriend which I had arrested i have memorie loss from all the abuse I went to court to testify and it was like the da didn't want to listen to me it was like they were trying to say me and my sister got into a fight which never happened the night I was strangled and assaulted from... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

I don't see a case there as the DA is given great lattitude in what to do. However if you want there is a group called the Womens Law Project that may be able to better direct you. Certainly you can ask for a PFA.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Is it possible to have my record clean after a 97 misdemeanor conviction for domestic disturbance?

It happened in Florida. I now live in Pennsylvania.

Timothy Kraeer
Timothy Kraeer
answered on Apr 16, 2021

If your conviction occurred in Florida, you will need to contact an attorney in Florida to see whether you can have the case expunged. Any court filings will be done in Florida and it will depend on Florida law whether you can have the case expunged/sealed.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: How do I report a violation of a no contact order that was a third party contact in PA

He contacted my mom to talk about my son. Who is not his son.

Timothy Kraeer
Timothy Kraeer
answered on Feb 18, 2021

I'm guessing that you are referring to a PFA? Or is this a pre-trial bail condition? If it truly is a violation, you can contact your local police department or the district attorney's office to report the violation. They will investigate and determine whether the contact was a violation... View More

1 Answer | Asked in Child Custody and Domestic Violence for Pennsylvania on
Q: Can my ex use the fact my boyfriend and I had PFAs on eachother to not allow child around him?

We lived together for 4 years and her father hated that my bf was there when he wasn’t around. A few days before Christmas we got in a heated argument over money and expanding our family. Since my daughters father fails at paying support on time financially it was straining us to begin our lives.... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 19, 2021

You really need to consult with an attorney and probably a therapist as well. It is difficult to understand why you would still be with someone who said those things to you. Whether the judge will determine that the boyfriend shouldn't be around your daughter, I can't know but I would... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: My name is Krista, I’m a victim in a criminal case and I pressed charges on my boyfriend but I want to drop them

He’s a convicted felon and was Charged with it kidnapping burglary theft reckless endangerment aggravated assault simple assault and possession of a firearm

Ryan L Hyde
Ryan L Hyde
answered on Dec 18, 2020

Once charges are filed by the Commonwealth you no longer have the ability to drop them. You become an important witness in the case but the case is the District Attorney's. Those charges sound very serious and very few DAs would simply walk away from that case. Remember their job is to... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I pressed charges on someone and now i have to go to court and testify but i no longer want to what should i do?
Timothy Kraeer
Timothy Kraeer
answered on Dec 3, 2020

If you have been subpoenaed to appear in court, you need to appear or you could be found in contempt. You should contact whoever is prosecuting the case, or whoever subpoenaed you as a witness and express your concerns. Your input as the victim should be taken into account. I hope that helps!

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Pennsylvania on
Q: Can a defendant be held in contempt if the plaintiff and defendant exchange their child during arranged custody times?

The PFA allows contact when it pertains to the child.

Ryan L Hyde
Ryan L Hyde
answered on Nov 15, 2020

It depends (I know, not the answer anyone wants). For just a cuatody exchange the answer is no. However, in my experience if something gets said that isnt custody related the answer is yes. Which is why so many family attorneys recommend custody exchanges at police stations in these types of... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: My ex and I have no trespassing and no contact orders against each other. Can we still do theatre at the same place?

Our order is Title 18 Pa. C.S.A. 2709. We both are actors at the same theatre. Can we still both attend and act at this theatre?

Ryan L Hyde
Ryan L Hyde
answered on Sep 1, 2020

I am not sure how. No contact, as a condition of bail or otherwise means that if either of you did the other could report you. If its a condition of bail it could lead to bail being revoked. If its an order of court one or both could be held in contempt.

1 Answer | Asked in Domestic Violence, Juvenile Law and Criminal Law for Pennsylvania on
Q: How is my 13 year old expected to pay a citation ?

My 13 year old son was issued a citation for harrassment after hitting his mother in the arm with an outside trashcan, as self defense, after she repeatedly smacked him in the face up to 6-7 times, how is he expected to come up with $300, and can I fight it

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

First question, with cash, preferably obtained from his mother. Second question, no, but HE can fight it, and if you are a parent with custody , you have to be there to do so.

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1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: If I put a pfa on my child’s father , who’s now incarcerated could I get in trouble for reaching out to him ?

It was a no contact order and I’m in the process of trying to have it withdrawn

Kathryn Hilbush
Kathryn Hilbush
answered on May 25, 2020

No, not unless the PFA restricts you from contacting him. Ordinarily, the order only restricts the defendant from contacting the plaintiff, you.

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