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Pennsylvania Domestic Violence Questions & Answers

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: After a domestic violence case will my husband be allowed to return home?

Kathryn Hilbush answered on Jun 13, 2019

I think an awful lot more information is needed before this question can be answered. If you and your husband are on decent terms, perhaps he'd allow you to discuss this with his attorney, although, if you're the victim of the abuse, that may not be permissible. have you considered going to one of... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: If in my statement I said that my husband choked me but i could still breathe, but really i was nervous when I wrote

That, and he only grabbed me and let go immediately, what do I do? If i recant my statement its like i lied and technically i didnt because choking means you cant breathe at all. He has a defense attorney but im scared he'll get jail time. What can I do? If I tell the DA the real story they could... Read more »

NiaLena Caravasos answered on Jun 13, 2019

You should not be discussing this in a public forum. You need to consult privately with a criminal lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: I was charged with SADV because my child's mother lied to the police. Now that I've been convicted she openly states she

Lied to get me charged and now regrets it because of how much it's put my son and myself through just because she was mad at the time. Is there anything that can be done?

Mr. Ryan L Hyde answered on May 13, 2019

When you say convicted, do you mean you were found guilty or you pleaded guilty? It only matter because you may have PCRA remedies availavle to you. Post conviction relief act is dificult to file under, you would need to consult with a local appellate attorney.

1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Pennsylvania on

Q: Can an EU citizen apply for a restraining order in the US, against a US citizen?

We used to have an online relationship with a person from PA, USA. He will not accept that it is over and keeps stalking me, sending messages on every possible platform. What are my options to stop him? Can I apply for a restraining order in the state of his residence, without travelling from the... Read more »

Bruce Alexander Minnick answered on Apr 23, 2019

Yes, but you will have to hire a lawyer qualified to practice in the state where the person resides. Try using this website to locate some lawyers in Pennsylvania to advise you.

1 Answer | Asked in Civil Litigation and Domestic Violence for Pennsylvania on

Q: If My children are a result of a relationship with an adulterous man, is the wife also responsible for child support?

My childs father lied about his martial status but he and his wife knew of his affair and he purposely impregnated me twice because she is no longer able to bear children

Kathryn Hilbush answered on Apr 19, 2019

No. The people responsible for the chidlren's support are their parents.

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: Can a victim get in trouble if I threaten someone who is not honoring a pfa?

She asked me not to get involved, I did this from my own volition and also threatened to beat him up if I ever see him. I don't care about what could happen to me. She needs reassurance that she will not receive any repercussion becasue of my actions.

Mr. Ryan L Hyde answered on Apr 8, 2019

First, be careful you are admitting a crime on the internet. Not usually the best policy decision. Could she get in trouble? Theoretically she could be charged with conspiracy to your actions. I say theoretically because a lot of things would have to fall in place for that to happen.... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Pennsylvania on

Q: Am I required to be in a room with my ex wife when theres a PFA in place?

My ex wife has a pfa against me, we live in the state of PA and share week on week custody of our children. Our daughter is seeing a therapist once a week. The mother had been absent from their lives for the previous 8 months & suddenly came back into their lives. Our therapist is now stating that... Read more »

Kathryn Hilbush answered on Mar 4, 2019

It seems odd that your daughter's therapist would require any parent to be present during her therapy sessions since you have stated that the sessions are for your daughter and not family therapy. Some therapists do make it a practice to meet with one or the other parent individually or with the... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on

Q: I have a 17 year old brother who is abusive and completely refuses to listen to my parents rules. Can they kick him out?

He will be 18 in 3 months. He is completely disobedient, defiant, manipulative, you name it. My parents are on the verge of a mental breakdown. He is bipolar and refuses to take his medication. He is constantly lieing about where he is and what he is doing. I personally fear for my parents lives.... Read more »

Penelope A. Boyd answered on Mar 2, 2019

This is a decision your parents need to make. But if your brother has a mental illness and is dangerous to himself or to others, he might be involuntarily committed for treatment. I don’t know what county you’re in, but you can get information about mental health treatment options from the... Read more »

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1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: Can a case be thrown out if the plaintiff does not show up for court?

Me and boyfriend got into a fight, I had a few scratches on me. Police took photos and told me to do a statement. Boyfriend was arrested and charged with harrasment and simple assault. There was a court date but I did not show. There will be another upcoming court date but I will not show. Will he... Read more »

Kathryn Hilbush answered on Jan 28, 2019

It sounds like he's already been arrested and charged. It's never a good idea to not show up for court. You can try speaking with the District Attorney's Office to see if they'll drop the charges.

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: I was a victim of abuse for ten years back in bout 2008 the judge allowed him to

Plead out to ten yrs minimum judge said he deserves a yr for a yr now I had not too severe back problems two bad discs from his kicks well now ten years later I have rsd I’ll never be better I’ll suffer and get other disorders from this one I got from my progression in life all results from his... Read more »

Kathryn Hilbush answered on Jan 1, 2019

Hi. Two things. First, you should never provide identifying information about yourself on an online forum like this. Frankly, if possible, I'd suggest that you take this post down and, if you still want someone to respond to your issues more specifically than I will, repost it without your name. As... Read more »

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 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 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 that... 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 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 single mom... Read more »

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 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 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 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 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 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 prosecutor.... 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 mothers... Read more »

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 help you with... Read more »

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