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Pennsylvania Domestic Violence Questions & Answers
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.

Justia disclaimers below, incorporated herein.

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.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: Does my wife have grounds to file a pfa on me?

Sgbkk

Melinda Previtera
Melinda Previtera
answered on Apr 3, 2020

There are probably more details about your situation which were not included with your question. You may want to revise your question or reach out to an attorney to get specific information about your case if your wife has filed a PFA.

--Melinda Previtera | Petrelli Previtera, LLC |...
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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: A warrant for Domestic Violence in Berks County

Why would the U.S. Marshalls Task Force in Reading , Pa. Come to my house with a warrant on a domestic Violence warrant for my daughter's boyfriend JohnAlvarez

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

First, ask Justia to take down the post with the persons name. Likely because that individual was wanted on a federal matter. Or it could have been related to an out of state matter. That's his problem, not yours.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Hello I got into a situation with my boyfriend we had a petty argument when led to a petty petty fight so now I had to

Me and my boyfriend got into a petty fight over a game and was upset he los the game and now we had a argument things got heated and loud so i threw his other games on the floor and he got upset pushed /shoved me and then I push bed him back and he threw one of the cases at my face which left knot... View More

Ryan L Hyde
Ryan L Hyde
answered on Mar 23, 2020

I am not sure what advice you need. He needs a lawyer. You are not responsible, the officer charged based on the evidence he has. You cant stop thos even if you want to. Be forthright about how you want the case handled. The Distrixt Attorney doesnt have to listen to you but a lot of times... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: My boyfriend broke PFA orders on 3/14 & 3/15. We placed PFA on each 3/12. The police refuse to arrest. Please help

He beat me on 3/6& 3/8 I did not report it. 3/10 he tried to have me committed by 302 order signed by the judge. The police forcefully took me to the hospital I then decided I to have charges brought against him, the police officer said “one thing at a time if and when you get out come see... View More

Ryan L Hyde
Ryan L Hyde
answered on Mar 17, 2020

Unfortunately, this is a mess, as you well know. The challenge is you are reacting to his moves so your credibility is at issue. The officer does not have to charge if there are significant cresibility issues. What I would suggest is you contact your counties womens support organization.... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: We have a Chile together and have had all contact between parents which has made things very difficul could I argue that
Ryan L Hyde
Ryan L Hyde
answered on Feb 22, 2020

Respectfully, what? You may need to re-attempt your querry.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: My ex who used to beat me and harassed and stalked me when I left him I have contacted him since just making sure the pf

A couldn’t get thrown out or I wasn’t violating anything can he still get in trouble or arrested for communicating with me even if I made first contact he is now threatening and harassing me

Ryan L Hyde
Ryan L Hyde
answered on Feb 22, 2020

Depends on the status of the PFA. If its still a temp he can argue you arent really afraid of hom since you keep contacting him. Additionally, if he is contacting you in response to you contact it makes it harder fornyou to argue he is in contempt. If you get a PFA against someone you cant get... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: If I have a pfa against someone but I have contacted them what will happen
Ryan L Hyde
Ryan L Hyde
answered on Feb 22, 2020

To who? You have a PFA against them thus you are not the subject of the order. You contacting them is not against the law. The other person is the subject of the order. If they are smart they wont accept your communication and document the harassment with the police.

1 Answer | Asked in Domestic Violence and Immigration Law for Pennsylvania on
Q: Can pending i-601 filed by abused spouse impact vawa applicant

I’ve been married to my abused spouse for 2 years during those 2 years I’ve been seeing doctor psychiatrist and I have been under medication since then my abused spouse withdraw I 130 the i601 still pending can I file for vawa

Kevin L Dixler
Kevin L Dixler
answered on Dec 15, 2019

Who is abused? You or your spouse? A spouse who is abused has the right to withdraw a petition. If you can prove that ‘you were abused,’ then you may want to discuss whether it is your best interest to file a VAWA self petition with a competent and experienced immigration attorney. Good luck.... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: I'm hiring a lawyer to try and get this person a deal in court. How does that go about.
Steven Pacillio
Steven Pacillio
answered on Oct 4, 2019

Many experienced criminal defense attorneys offer an initial consultation at no cost. You should contact an experienced defense attorney who practices in the jurisdiction where the charges are pending. The attorney can discuss the strengths and weaknesses of the case and help the client make an... View More

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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: My boyfriend at the time now my ex got arrested for domestic violence... I have some questions.

When the officer got here it was 4 in the morning. I said I was being pinned down because we were arguing and I couldn’t get up and then I bit his arm to get off of me. He said he was going to serve him with harassment papers and my mind was all over the place. I thought he was going to have him... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 27, 2019

When you go to PFA court? Yes. Criminal court, you'll have to discuss with the District Attorney's Office beforehand

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... View 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... View More

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