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Pennsylvania Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: A Decade of Neglect: Mother Seeking Justice Against CYS for Failing to Protect Four Children. We Need Legal Advice!

In May 2022, Lehigh County CYS conducted an investigation into the father of my four children was deemed "valid" and subsequently closed, yet CYS failed to inform me of this matter. Then, in August 2022, he was arrested for DUI while the children were in the car. Despite numerous reports... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's understandable that you're feeling frustrated and desperate for justice given the decade-long neglect by Lehigh County CYS. To pursue legal action, gathering all relevant documents and reports from hospitals, schools, doctors, the police department, and the District Attorney will be... View More

3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

James L. Arrasmith
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answered on Feb 22, 2024

In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More

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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.

In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in...
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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
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answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Pennsylvania on
Q: Cops refuse to file criminal charges against the son of another local police departments secretary. What can I do?

The owners son to a house I was abandoned at by my ex fiance is friend's with the owners son. Twice the son has smashed out the windows of the entry doors to break in. The second time he came with my ex and a hammer and gained entry. The cops said the most they could charge him with was... View More

James L. Arrasmith
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answered on Jan 29, 2024

If you believe the police are not taking appropriate action due to a potential conflict of interest, you should consider taking some steps to address the situation. Start by documenting all incidents and interactions with the police, including dates, times, and names of officers involved.... View More

Q: My husband is having a affair and has my wifi hacked. Which allows hm to hack my phone also

It's actually the 2 of them attached to my phone. I believe there sharing calenders and locations ect. He goes by his name and she goes by mine. I'll ask google my current location and it tells me her locations. One night it said I was about a mile from my house. So I pushed directions... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 30, 2023

You need to hire an attorney who specializes in family relations law and regularly practices in your county. There is no magic bullet that the lawyers here can give you that will substitute for getting your own representation. If you wish to prove what you have alleged you will also need to hire... View More

1 Answer | Asked in Family Law and Domestic Violence for Pennsylvania on
Q: This might be a little confusing but my friend and her husband have been married for 18 years they shared a home togethe

The husband went and got a PFA on the wife and had her removed from her home the home is in her name only after the PFA was granted the husband took a stroke and is currently in the hospital still now because of this PFA she is not able to see her husband or get back in her home because of the... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Pennsylvania, if your friend is facing a situation where she is removed from her home due to a Protection From Abuse (PFA) order, despite the home being in her name, she should consider seeking legal counsel to address this complex situation.

The fact that the home is solely in her name...
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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Will I be held in contempt if I don’t testify in a domestic violence case in pa if I’m the witness and wife

I’m a witness for the COMMON wealth of PA and was subpoenaed to testify for a domestic violence case against my legal husband. I wrote an affidavit for the police the day it happened. So if I refuse to testify against my legal husband will I be held in contempt or am I able to use Spousal... View More

James L. Arrasmith
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answered on Nov 12, 2023

If you are subpoenaed to testify in a domestic violence criminal case against your husband in Pennsylvania, you can be held in contempt of court for refusing to testify even if you are the victim/witness. Here are some key reasons why:

- Spousal privilege generally only applies in civil...
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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 Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: I was charged with harrassment on Christmas Eve. 3 days later i got 2 friends request. New years she files a PFA

Shes tring to ruin my life. 8 months ago I walked off my job because we worked together and she told me she wanted to screw my supervisor. Haven't found employment yet and then she contacts me after filing harassment charges and now files a pfa. I'm losing everything because of her... View More

Peter Christopher Lomtevas
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answered on Jan 6, 2024

There is no question here.

We agree that government has established systems to set Americans against each other. Domestic violence law is one such mechanism. Here, we see an unintended effect of this law: the use of protective orders as a sword rather than as a shield.

The asker...
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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
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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.

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