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Pennsylvania Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Pennsylvania on
Q: Hello. My baby sister is going to be 13yrs old in a few months. She is desperate to move out of my parents house.

She wants to live with me badly because of the abuse that goes on at home. Which I know of because I had to endure abuse myself when living with them. I am 33yrs old. My parents are narrcistic. They won't even allow her to visit me or we can't talk on the phone or anything. Because they know She'll... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 17, 2019

If the abuse is *physical* abuse, you should contact the Children & Youth agency for the county in which your sister lives. Even if it's only mental/emotional abuse, I'd contact that agency and let someone know what's going on. Hopefully they'll open up an investigation and get to the bottom of... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Domestic Violence for Pennsylvania on
Q: Say some one repeatedly says they’re going to have sexual relations with loved ones is that harassment?

Keeps saying they wanna do things like this

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

It's also a threat under some circumstances.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: What is the minimum outcome for simple assault charges in pa? Not against a child and not in a mutual setting.
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Aug 26, 2019

The minimum outcome would be acquittal, or perhaps having your charges dismissed. There are a lot of options with your charge that depend on the severity of the facts and the prior record. In some counties probation would be likely if it was a first offense and the injuries werent serious. They... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on
Q: What rights does my child's biological father have if he isn't listed on birth certificate?

He has threatened me. Has a criminal record,participates in illegal activities. I do not want him around my daughter at all. Does he have a chance in court

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2019

He has the rights of parenthood if he can prove that which I assume he can. However they are limited, and if he has threatened you getting a pfa would be a first step, and you will need to speak with family relations and ideally a family law attorney about other options.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: If I'm afraid my husband might hurt me, should I put it in writing to my family members/friends?
Penelope A. Boyd
Penelope A. Boyd answered on Aug 8, 2019

If you are afraid your husband may hurt you, you should contact your local domestic violence program immediately. Find out your options and make a plan for your own safety. You may be eligible for a Protection from Abuse order or be able to take other action to protect yourself.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Pennsylvania on
Q: Who can help me with my case? I think I need to counsel of my own.

My son was physically abused by my stepfather. He waived his preliminary hearing and I am trying to get a PFA. The lawyer that they gave me to assist does not seem to be much help. My stepfather's lawyer stated that they will work with us on the PFA if I do not crucify he at the criminal hearing.... Read more »

Cary B. Hall
Cary B. Hall answered on Jul 16, 2019

Contact MidPenn Legal Services at (717) 848-3605 - that's your local York Co. legal aid organization.

You can also connect with a local attorney through the York Co. Bar Association. See further details at https://www.yorkbar.com/page/YCBAAC.

Best of luck to you.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: I am being charged w/ unlawful use of a motor vehicle by my ex-husband. What would be the amount of the fine if guilty ?

I was given permission to use his vehicle & he then changed his mind only because he did not believe I was going where I told him. I was then sent messages threatening to turn me in for stealing his car. I had the car for 50 hrs to go away with family for a weekend. I was even allowed to use his... Read more »

Steven Pacillio
Steven Pacillio answered on Jul 16, 2019

"Unauthorized use of automobiles and other vehicles" is found at 75 Pa.C.S. § 3928.

It is a misdemeanor of the second degree in PA which means you face a statutory maximum of 2 years of incarceration and/or a fine of up to $5,000.

Anytime you are facing criminal charges is it...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: I was recently the victim of domestic violence last month at the hands of my boyfriend and gave a statement to police

Along with pictures of my injuries and text messages back-and-forth. At the same time, I am also in a very nasty custody battle with my ex-husband. I learned today that his attorney somehow got a hold of every single police report, statement, text message, picture, interviews with my family,... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Jun 24, 2019

You are in a difficult spot. As long as you are doing what you can to move forward with your life, do not panic. Get support from agencies such as crime victims and get an attorney who understands domestic violence to represent you in custody. Custody courts are concerned that the kids are safe.... Read more »

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
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
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
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
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
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
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
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
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
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
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
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 that... Read more »

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